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Shyamabai Wd/O Surajkaran Joshi and ors. Vs. Madan Mohan Mandir Sansth ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 1, 19, 20, 47, 48 and 83; Bombay Public Trusts Act, 1950 - Sections 2(13) and 2(20); Societies Registration Act, 1860 - Sections 6; Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 19(1) and 129; Transfer of Property Act; Land Acquisition Act, 1894; Bombay Public Trusts Rules, 1951 - Rule 8; Constitution of India - Article 141

Reported in : 2010(1)BomCR294

6.8.2009 passed in Second Appeal No. 116/1998 referred the following questions for determination to the Full Bench:(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently, whether all … one Act into another. At the cost of repetition, we want to express that preamble of the Indian Trust Act, 1882 is crystal clear and in no uncertain terms conveys that the said Act came into force to define

Mrs. Monalisa Rohinton Irani Vs. Naval H. Tata and ors.

Court : Mumbai

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 22, Rule 11(2)

Reported in : AIR2001Bom495; 2001(4)BomCR330; 2001(4)MhLj73

file execution proceedings. In support of this contention reliance is placed on Section 47 of the Indian Trusts Act, 1882.6. The consent terms clearly indicate that the trust had obtained a decree for ejectment against the original licensor. … Charity Fund filed Ejectment Application No. 155/E of 1967 in the Court of Small Causes at Bombay under Section 41 of the Presidency Small Cause Courts Act, 1947 against Mrs. Meherbai B. Irani for possession of the

Nagar Wachan Mandir, Pandharpur, Through Its Chairman, President and a ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trust Act, 1882 - Sections 47 and 48; Societies Registration Act, 1860 - Sections 6; Bombay Rents, Hotel & Lodging Houses Rates Control, Act, 1947 - Sections 12(3)(a)

Reported in : 1994(2)BomCR251; 1994MhLJ280

against this Shri Apte, learned Counsel appearing for respondents places heavy reliance upon two sections of the Indian Trust Act, 1882. He relies upon section 47 and 48 of the Act. Section 47 is as follows :-'A trustee cannot

Duli Chand Vs. Mahabir Pershad Trilok Chand Charitable Trust

Court : Delhi

Subject : Trusts and Societies

Acts : Trust Act, 1882 - Sections 47

Reported in : AIR1984Delhi144; 25(1984)DLT70; 1984(6)DRJ153

a legal entity. It is the trustees who are the legal entities. Section 48 of the Indian Trusts Act, 1882, states:- 'WHENthere are more trustees than one, all must join in the execution of the trust, except where … Trust is not in this sense a legal entity. It is the trustees who are the legal entities. Section 48 of the Indian Trusts Act, 1882, states:- 'WHENthere are more trustees than one, all must join in … of the trust, except where the instrument of tst otherwise provides.' Section 47 reads: 'A trustee cannot delegate his office or any of his duties

Can Bank Mutual Fund Vs. Nuclear Power Corporation of India

Court : Delhi

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 37, Rule 2 - Order 1, Rule 10

Reported in : I(2008)BC330; 2007(98)DRJ464

Sanjay Kishan Kaul, J.1. The plaintiff is a trust constituted under the Indian Trusts Act, 1882 (hereinafter referred to as the 'Trusts Act') with the primary object of conducting the business of mutual fund … mentioned in the plaint.21. Learned Counsel submitted that a trust can file a litigation within the meaning of Section 47 of the Trusts Act. The said provision is as under:47. Trustee cannot delegate - A trustee cannot

Shyamabai and Others Vs. Madan Mohan Mandir Sanstha

Court : Mumbai Nagpur

Subject : Land Acquisition

questions of law which are reproduced as under: “(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently whether all the trustees of such Public Trust are required

Fatima Fauzia and anr. Vs. Syed Ui-mulk and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 15, 46, 47, 48 and 49; Contract Act, 1872 - Sections 2; General Clauses Act, 1897 - Sections 3(22)

Reported in : AIR1979AP229

accordingly, Trust and Societies - breach of trust - Sections 15, 46, 47, 48 and 49 of Trusts Act, 1882, Section 2 of Contract Act, 1872 and Section 3 (22) of General Clauses Act, 1897 - jewellery of

Shri Raimalbua Sansthan - Trust, a Registered Public Trust by Its Mana ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 47 and 48; Societies Registration Act, 1860 - Sections 2(13) and 6; Bombay Public Trusts Act; Code of Civil Procedure (CPC) - Order 31; Constitution of India - Article 227

Reported in : 2010(1)BomCR289

submits that the suit is not maintainable in view of the provisions of Section 47 of the Indian Trust Act as well as the decision rendered by this Court in 1994 Mh.L.J.280 Nagar Wachan Mandir, Pandharpur v. Akbaralli … this Shri Apte, learned Counsel appearing for respondents places heavy reliance upon two sections of the Indian Trusts Act, 1882. He relies upon Section 47 and 48 of the Act. Section 47 is as follows:A trustee cannot delegate

Mukund S/O Rambhau Pinjarkar Vs. Sarda Education Trust, Through Jugalk ...

Court : Mumbai

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 19(1); Indian Trust Act, 1882 - Sections 47 and 48

Reported in : 1996(5)BomCR520

19 (1) (d) of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 and Section 47 of Indian Trust Act, 1882 - whether application under Section 19 (1) (d) by Secretary of trust under delegated authority maintainable - under … trustee or delegation of any of the duties by the trustees to a co-trustee.11. The provisions contained in sections 47 and 48 of the Indian Trust Act and in any case the principle embodied in sections 47 and

Prem Prakash Johar Vs. His Highness Sri Maharaja Vibhuti NaraIn Singh ...

Court : Allahabad

Subject : Tenancy

Acts : Transfer of Property Act, 1882 - Sections 106; Trust Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : AIR1989All51

granted herein shall stand automatically discharged. Tenancy - notice by attorney - Section 106 of Transfer of Property Act, 1882 and Section 47 of Trusts Act, 1882 - lease deed in respect of property owned by religious trust … Transfer of Property Act. The argument was that in view of the provisions of Section 47 of the Trust Act, the decision to terminate the tenancy could not be delegated by the trustees to Raghubansh Sahai. It is … submissions on the validity of the notice given by Raghubans Sahai under Section 106 of the Transfer of Property Act. The argument was that in