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Dec 20 1957

Vankamamidi Balakrishnamurthi Vs. Gogineni Sambayya and ors.

Court : Andhra Pradesh

Decided on : Dec-20-1957

Subject : Trusts and SocietiesLimitation

Acts : Limitation Act, 1908 - Sections 10 - Schedule - Article 120; Trusts Act, 1882 - Sections 3; Limitation (Amendment) Act, 1929

Reported in : AIR1959AP186

to all trustees whether express or constructive, 13. We are now dealing with a public trust. The India Trusts Act, 1882, does not apply to public trusts. Nevertheless, the expression 'trust' in Section 10 has been construed in Chidambara

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Jan 13 1993

T.C. Chacko Vs. Annamma and ors.

Court : Kerala

Decided on : Jan-13-1993

Subject : FamilyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100; Code of Criminal Procedure (CrPC) , 1974 - Sections 125; Limitation Act, 1963 - Sections 10; Trusts Act, 1882 - Sections 3

Reported in : AIR1994Ker107

to how an express trust has to be found from the unfolded facts in the case. The Indian Trusts Act 1882 doesn't apply to public trust. Nevertheless, the expression trust in Section 10 of the Limitation Act has been

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Dec 13 1968

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

Court : Supreme Court of India

Decided on : Dec-13-1968

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, … High Court this appeal is dismissed. Trust and Societies - custodian of property - Section 34 Indian Trust Act, 1882, Section 10 (1) of Official Trustees Act, 1913 and Section 43 of Trustees and Mortgagees Powers Act, 1866 - relief

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Jan 18 2002

Bhai Hospital Trust and ors. Vs. Parvinder Singh and ors.

Court : Delhi

Decided on : Jan-18-2002

Subject : Arbitration

Acts : Arbitration Act - Sections 32; Companies Act; Code of Civil Procedure (CPC), 1908 - Sections 11; Indian Trust Act, 1882 - Sections 10, 12, 18, 31(2), 3247, 48, 71, 73, 74 and 131

Reported in : 2002IIIAD(Delhi)833; AIR2002Delhi311; 2002(3)ARBLR19(Delhi)

the trustees within the provisions of Section 10, 12, 18, 47, 48, 71, 74 and 131 of the Trusts Act, 1882 - It was held that once the Law provides some powers to the trustees, which cannot be abdicated

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Oct 08 1953

Allahabad Bank Ltd. Vs. Commissioner of Income-tax, West Bengal

Court : Supreme Court of India

Decided on : Oct-08-1953

Subject : Direct Taxation

Acts : Indian Income-Tax Act, 1922 - Sections 10(2), 10(4) and 66(1); Indian Trusts Act, 1882 - Sections 3

Reported in : AIR1953SC476; [1953]24ITR519(SC); [1954]1SCR195

Sections 10 (2), 10 (4) and 66 (1) of Indian Income-tax Act, 1922 and Section 3 of Indian Trusts Act, 1882 - appeal from the judgment and Order of the High Court on a reference made by the Income-tax

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Mar 23 1976

Controller of Estate Duty Vs. Smt. S.M. Muthukaruppi Achi

Court : Chennai

Decided on : Mar-23-1976

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 5 and 10; Transfer of Property Act, 1882 - Sections 41; Indian Trusts Act, 1882 - Sections 82

Reported in : [1977]109ITR345(Mad)

we may refer to two statutory provisions relating to 'benami transactions '.14. Under Section 82 of the Indian Trusts Act, 1882, the benamidar shall hold the property for the benefit of the person paying the consideration unless the person … account, possessing and enjoying the income therefrom, as if they were, his own, clearly attracted the provisions of Section 10 of the Estate Duty Act. Accordingly, he included these assets in the principal value of the estate of

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Jun 13 2008

People Charity Fund and ors. Vs. K. Raghava Reddy and Associates

Court : Karnataka

Decided on : Jun-13-2008

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 230A; Indian Partnership Act, 1932 - Sections 69 and 69(2); Indian Trusts Act, 1882 - Sections 46 to 48; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 3, Rules 4 and 6 - Order 22, Rule 10 - Order 23, Rule 3 - Order 41, Rules 5 and 25

Reported in : 2009(3)KarLJ562; 2009(1)AIRKarR367; AIR2009NOC871(D.B)

hereunder:(1) The appeal filed by the appellants is not maintainable in view of Section 48 of the Indian Trusts Act, 1882 as all the trustees to the suit, who were defendants, have not filed the present appeal and that … dated 13-6-1984 agreed to sell the same in favour of the plaintiff for a sale consideration of Rs. 10,00,000/- and the plaintiff paid an advance sale consideration a sum of Rs. 2,00,000/- on the date of agreement.

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Aug 04 1978

Commissioner of Income-tax Vs. Trustees of H.E.H. the Nizam's Dependan ...

Court : Andhra Pradesh

Decided on : Aug-04-1978

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 5, 6 and 10(2); Transfer of Property Act; Mohamedan Law; Gift Tax Act - Sections 15(1)

Reported in : [1983]139ITR517(AP)

the Revenue are with regard to the validity of the trust. Sections 5 and 6 of the Indian Trusts Act, 1882, which deal with the creation of a valid trust, read as under .. '5. Trust of immovable property.--No … the settlor. 5. Thus, the contention of the learned counsel for the Revenue is that the provisions of Sections 5 and 6 of the Indian Trusts Act are not satisfied and, therefore, no valid trust is created. … is himself to be the trustee) transfers the trust-property to the trustee.' 10. We have to examine now whether Rs. 23,50,000 was transferred by the

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Jun 30 1983

Commissioner of Income-tax Vs. Sijua (Jharriah) Electric Supply Co. Lt ...

Court : Kolkata

Decided on : Jun-30-1983

Subject : Direct Taxation

Acts : Electricity Supply Act, 1948; ;Indian Trusts Act, 1882

Reported in : (1983)37CTR(Cal)319,[1984]145ITR740(Cal)

maximum. (2) The sums appropriated to the Contingencies Reserve shall be invested in securities authorised under the Indian Trusts Act, 1882, and such investment shall be made within a period of six months of the close of the year … asset has been written down in the books of the undertaking to 10 per cent. or less of its original cost, no further depreciation shall … J.1. The following question of law has been referred at the instance of the Commissioner of Income-tax under Section 256(1) of the I.T. Act, 1961:'Whether, on the facts and in the circumstances of the case, the Tribunal

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Dec 10 2009

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

Court : Mumbai

Decided on : Dec-10-2009

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

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 … 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 … Law of Religious and Charitable Trusts, 5th Edn. By A.C. Sen, pp. 102-103).The above referred observations of the Apex Court clearly demonstrate that the Apex

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