Search Results Page

Search Results

1 - 10 of 10 (0.48 seconds)
C.R.Radhakrishna Pillai vs Bhargavi Amma on 25 May, 2012 cites

Raje Anandrao vs Shamrao And Others on 23 February, 1961

6. True it is that a modification of a scheme settled can be had by an application made under the relevant clauses of the scheme without the necessity of a fresh suit. The suit for settlement of a scheme is analogous to an administration suit and therefore applications can be filed if the modification is for the purpose of administration. The law in this regard has been laid down in Raje Anandrao Vs. Shamrao [AIR 1961 SC 1206].
Supreme Court of India Cites 15 - Cited by 40 - K N Wanchoo - Full Document

B.N. Elias And Co., Ltd., ... vs B. N. Elias & Co., Ltd., And Others on 24 March, 1960

Such remedy can be resorted to even if there is no express provision in the scheme as held in Elias Vs. Elias [1986 KLT 72]. But does it mean that a fresh suit for modification of a scheme cannot be filed under any circumstance whatsoever? The plaintiffs in O.S. No. 273/2011 have averred that the existing scheme is not fool proof to protect the interest of the members of the trust. It is also averred that there is no delegation of power and specification of duties of the trustees. The consequences for breach of trust are also not spelt out in the 5 CRP No. 192/2012 scheme and that its entire fabric needs to be altered therefore. I am in these circumstances of the firm view that a suit of the nature filed in O.S. No. 273/2011 is perfectly maintainable.
Supreme Court of India Cites 1 - Cited by 14 - K N Wanchoo - Full Document
1