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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

Division Bench of this Court after taking into consideration the pros and cons as well as preamble and Section 1 of the Indian Trusts Act, 1882 as well as decision of the Apex Court in the case of … 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 the Trustees of such Public Trust are required

Dilip Kumar Bajaj Vs. Pradeep Kumar Bajaj

Court : Allahabad

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 1 and 34

Reported in : 2003(1)AWC247

to the office of shebait assumes considerable importance in the case of trusts, and, if the line of succession has been laid down by the … counsel for the revisionist is that trust was a private trust and. therefore, the provisions of Indian Trust Act. 1882, does not apply to the present trust and application under Section 34 of the Act was not maintainable. … provisions of Section 34 of Indian Trust Act do not apply. 6. Learned counsel has also referred to Section 1 of the Indian Trust Act which provides that nothing herein contained affects the Rules of Mohammedan law as

Krishnakumar Vs. Anandan and ors.

Court : Kerala

Subject : Trusts and SocietiesProperty

Acts : Trusts Act, 1882 - Sections 1 and 7

Reported in : AIR1994Ker175

the creation of such a trust is against the provisions of Section 7(a) & (b) of the Indian Trusts Act, 1882. It is further alleged that no trust with respect to Items Nos. 1 and 2 has ever come

C.i.T.-iii Vs. the Baroda Peoples Co-op. Bank Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80A, 80A(1), 80A(2), 80AB, 80B(5), 80P, 80P(2), 80 to 80U to 80VV; Gujarat Co-operative Societies Act, 1961 - Sections 2(7), 2(19), 2(24), 4, 5, 12A, 14, 28, 29, 43D, 65, 66, 67, 67(2), 67(3), 71, 71(1); Banking (Regulations) Act, 1949 - Sections 5, 6, 6(1), 6(2) and 8; Imposition of Ceiling on Land Holdings Act, 1960; Indian Trusts Act, 1882 - Sections 20; Indian Trusts Act, 1882; Income Tax Act, 1922 - Sections 14(3); Constitution of India - Articles 14 and 141

Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)

arose as to whether investment, of sums appropriated to the contingencies reserve, in securities authorised under the Indian Trusts Act,1882 and income derived by way of interest therefrom was attributable to profits and gains of the business of … D.A. Mehta, J. 1 In all these Tax Appeals the following substantial question of law which … the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in allowing deduction under Section 80-P(2)(a)(i) of the Income-tax Act,1961 on interest income as being attributable to the business of banking ?2 On

Vatsala S. Aney Vs. National Education Society

Court : Mumbai

Subject : Service

Reported in : (1982)84BOMLR569

that Act but not defined therein shall have the same meaning as assigned to them in the Indian Trusts Act, 1882. Section 3 of the Trusts Act, provides that a trust is an obligation annexed to the ownership of property … Arjun Khimji National High School and Junior College at Khamgaon, run by the National Education Society (respondent No. 1) challenges the constitution of the Committee set up to enquire into the charges framed against her and the

Lalta Prasad Vs. Brahmanand and ors.

Court : Allahabad

Subject : Trusts and SocietiesProperty

Acts : Hindu Law; Trusts Act, 1882 - Sections 1; Evidence Act, 1872 - Sections 115; Transfer of Property Act, 1882 - Sections 2 and 51

Reported in : AIR1953All449

document in writing Shyam Lal could not create a trust of the buildings made by him. Section 5, Trusts Act (2 of 1882) lays down the method for creating a trust of immoveable property, but it is provided … of 1882) lays down the method for creating a trust of immoveable property, but it is provided by Section 1 of the said Act that the Act does not apply to public or private religious or charitable endowments.

Sir Dinshaw Manockji Petit and ors. Vs. Sir Jamsetji Jeejeebhoy and or ...

Court : Mumbai

Subject : Trusts and Societies

Reported in : 2Ind.Cas.701

apply to Charities in India are wholly different from those that apply to Charities in England. The Indian Trusts Act II of 1882 specifically exempts from its operation all 'public or private, religious or charitable endowments.' No such … since then, at all events, Section 34 has ceased to have any force. But it is contended that Section 1 of the Indian Trusts Act says: Nothing herein contained...applies to public or private, religious or charitable Trusts.' Therefore,

Gopal L. Raheja of Mumbai, Indian Inhabitant and Vs. Vijay B. Raheja o ...

Court : Mumbai

Subject : Company

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 4, 4(1), 4(3) and 7; Trusts Act, 1882 - Sections 82, 88 and 94; Specific Relief Act; Transfer of Property Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 2

Reported in : 2007(4)BomCR288

that the property is held in trust. The law having been codified in the form of the Indian Trusts Act, 1882, Section 88 would be attracted only if a fiduciary duty is owed. In the present case parties entered into … D.Y. Chandrachud, J.1. This appeal arises out of an order passed by a Learned Single Judge on 14th March 2005 while disposing of a Motion for interim relief in the suit. The Plaintiffs are in appeal.

Vaishnav Shorilal Puri and Vishal Vaishnav Puri Vs. Kishor Kundan Sipp ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 81, 397, 398, 399, 399(1), 402, 403, 406, 433 and 492; Trust Act, 1882 - Sections 88 and 90; Partnership Act - Sections 54; Companies (Amendment) Act, 1913 - Sections 153C; Contract Act - Sections 27; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2

Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)

and seeking a direction to make good the advantage gained as provided under Section 88 of the Indian Trusts Act, 1882. The defence of Puri Group was that there were other prior disputes on financial aspects between Puris and … oppression in SSTS as well as in SSCO within the meaning of Section 397 of the Companies Act, 1956 (for short 'the Act'). This grievance was the main cause leading to filing of two company petitions under

Official Trustee, West Bengal and ors. Vs. Sachindra Nath Chatterjee a ...

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 34; Official Trustees Act, 1913 - Sections 10(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43

Reported in : AIR1969SC823; [1969]3SCR92

the learned judge jurisdiction to entertain those pleas ?19. Reliance was placed on s. 34 of the Indian Trusts Act, 1882 as conferring power on the judge to make the order in question. That section reads: 'Any trustee may, … Hegde J. 1. Two important questions of law arise for decision in this appeal, by certificate. It will be convenient to