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Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1907)9BOMLR606

of Section 96.57. I think as the question of good faith arises under Section 90 of the Indian Trusts Act 1882, Section lllof the Evidence Act clearly applies. And this view is taken by Sir Whitley Stokes in his comments … in the other direction.26. They rely on Garrett v. Noble (1834) 6 Sim. 504, Chambers v. Howell (1847) 11 Beav. 6, In re Hougldon (1904) 1 Ch. 623, Lindley on Partnership, page 532, Section 43 of the

LaxminaraIn Lath Trust Vs. Commissioner of Income-tax

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11; Indian Trusts Act, 1882 - Sections 1, 2 and 11

Reported in : (1987)65CTR(Raj)91; [1988]170ITR375(Raj)

and 78 of the Indian Trusts Act, 1882.12. We have looked into the said provisions of the Indian Trusts Act, 1882. Section 9 makes provision with regard to persons who may be beneficiaries. Section 11 relates to the duties of

Assembly Rooms Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15), 11 and 11(1); ;Indian Trusts Act, 1882 - Sections 20

Reported in : [2000]241ITR76(Mad)

- Sections 2 (15), 11 and 11 (1) of Income Tax Act, 1961 and Section 20 of Indian Trusts Act, 1882 - whether Tribunal right in holding that assessee-trust not entitled to exemption under Section 11 - for purpose

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

S.B. SINHA, J : Leave granted. INTRODUCTION : Interpretation of Section 34 of the Indian Trusts Act, 1882 (for short, 'the Act') is involved in this appeal which arises out of a judgment and order dated … provides for administration of the Trust. Whereas part III provides for membership, part IV provides for contributions. Rule 11(a) of the said deed reads as under : "The employers may at their absolute discretion pay to the

W.O. Holdsworth and ors. Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Uttar Pradesh Agricultural Income-tax Act, 1948 - Sections 2(11), 3, 11(1) and 44(2); Uttar Pradesh Agricultural Income-tax (Amendment) Act, 1949 ; Constitution of India - Article 133(1); Indian Trusts Act, 1882

Reported in : AIR1957SC887; [1958]33ITR472(SC); [1958]1SCR296

hold it for the benefit of the beneficiaries. 22. Whatever be the position in English Law, the Indian Trusts Act, 1882 (II of 1882) is clear and categoric on this point. Section 3 of that Act defines a Trust … to be jointly interested in the land or in the agricultural income derived therefrom within the meaning of Section 11(1) of the U.P. Agricultural Income-tax Act, 1948 ?' 10. The said reference was heard by the High Court

Shiva Nath Prasad Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 190, 195 to 200, 202, 205, 476 and 482; ;Indian Penal Code (IPC), 1860 - Sections 24, 120B, 204, 406, 407, 415, 417, 420 and 511; ;Indian Trusts Act, 1882 - Sections 1, 11, 12, 13, 14, 15, 17, 18, 56, 77, 78 and 79; ;Evidence Act, 1872 - Sections 4, 32, 40 to 43, 91, 92, 92(1) and 111; ;Transfer of Property Act - Section 19; ;Code of Civil Procedure (CPC) - Section 92; ;Constitution of India - Article 226

Reported in : 2006(2)CHN88

meaning of Section 1 of the Indian Trusts Act and were clearly private trusts and provisions of Indian Trusts Act, 1882 are applicable.31. Mr. Shanti Bhusan submitted further that all the five trust deeds executed in 1988 had a … properties to public charitable trusts the said trusts were created. The trust deeds can be found in pages 114-134 of volume 2 of the paper book (trust by MPB) and the trust deeds created by PDB can

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

to 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. … the execution proceedings and who should verify the execution proceedings is concerned, the provisions of Order 21, Rule 11(2) of the Code of Civil Procedure, 1908 are most relevant. The relevant provision reads as under :'Written application--

A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 19(1); Indian Trusts Act, 1882 - Sections 46, 47 and 48; Specific Relief Act, 1963 - Sections 11(2), 13, 13(1) and 16; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987; ;Transfer of Property Act, 1882 - Sections 54, 55, 55(1), 55(2) and 55(6); Specific Relief Act, 1877 - Sections 18; Contract Act, 1872 - Sections 55 and 74

Reported in : 2005(5)ALD658; 2005(6)ALT238

suit agreement is void and unenforceable under the provisions of Sections 46, 47 and 48 of the Indian Trusts Act, 1882 read with Section 11(2) of the Specific Relief Act.5. The plaintiffs also filed rejoinder denying various counter allegations

Raja Baldeodas Birla Santati Kosh and ors. Vs. Commissioner of Income- ...

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 256(1) and 256(2); Indian Trusts Act, 1882 - Sections 11

Reported in : [1987]164ITR551(Raj)

Trust in favour of Jankalyan Trust was in contravention of the provisions of Section 11 of the Indian Trusts Act, 1882, and that the trustees did not have any power to gift or alienate any portionof the property of

Commissioner of Income-tax Vs. Lucknow Diocesan Trust Association

Court : Allahabad

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11; Charitable and Religious Trusts Act, 1922; Indian Trusts Act, 1882

Reported in : (1980)17CTR(All)94; [1980]123ITR38(All); [1980]4TAXMAN90(All)

charitable and religious trust governed by the Charitable & Religious Trusts Act, 1922, and not by the Indian Trusts Act, 1882, and that there is no restriction placed in the aforesaid Act in regard to payment to the trustees … trust known as B.I.G. Mission, Kanpur Trust, which is a religious and charitable trust within the meaning of Section 11 of the Act. The affairs of the assessee are managed by the Lucknow Diocesan Trust Association, hereafter the