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Bhai Hospital Trust and ors. Vs. Parvinder Singh and ors.
Delhi
Jan-18-2002
Arbitration
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
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
Tag this Judgment! AI Brief & AskB. Ramachandra Adityan Vs. Educational Trustee Co. (P.) Ltd.
Chennai
Nov-08-2002
Company
Companies Act, 1956 - Sections 11, 11(1), 11(2), 12, 25, 33, 433 and 434(1); Indian Trusts Act, 1882 - Sections 32; Code of Civil Procedure (CPC) - Sections 92
[2003]113CompCas334(Mad); [2003]41SCL385(Mad)
carrying on its object by acting as a trustee for the trust.31. Further, Section 32 of the Indian Trusts Act, 1882 also provides that the trustee is entitled to get reimbursement out of the trust property all expenses properly … business activity for several years from its inception to earn income. I am unable to accept the submission. Section 12 of the Companies Act deals with the mode of formation of incorporated companies and under Section 12, any
Tag this Judgment! AI Brief & AskVaishnav Shorilal Puri and Vishal Vaishnav Puri Vs. Kishor Kundan Sipp ...
Mumbai
Mar-31-2006
Company
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
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 … the period of four years provided for returning it. The CLB directed the Puris to pay interest at 12% for the period beyond four years until the amount was refunded. CLB directed exchange of shares of SSCO
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Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...
Mumbai
Dec-03-1992
Property
Transfer of Property Act, 1882 - Sections 105; Trusts Act, 1882 - Sections 3 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rules 9, 10 and 13 - Order 31, Rule 1; Specific Relief Act, 1963 - Sections 9, 20, 20(2) and 26; Evidence Act, 1872 - Sections 115; Contract Act, 1872 - Sections 2; Limitation Act, 1963 - Sections 3(2) - Schedule - Article 113
1993(2)BomCR329
that the title to the property Maneckabad vests in the trustees consequent to the provisions of the Indian Trusts Act, 1882(I.T.A.). Section 3 of the I.T.A. which is an interpretation clause defines a 'beneficiary' as the person for … the 'main bungalow', servants' quarters, out-house/guest-house, Secretary's house and garages. The area on which these structures stood covered 1292 sq. yds. A thousand sq. yds. to the west facing the Arabian Sea was required to be kept
Tag this Judgment! AI Brief & AskThe Weavers Mills Ltd., Rajapalayam Vs. Balkis Ammal and ors.
Chennai
Sep-01-1967
Trusts and Societies
Code of Civil Procedure (CPC) , 1908 - Sections 9 and 11 - Order 20, Rule 9; Trusts Act, 1882 - Sections 3, 88, 92 and 94; Contract Act, 1872 - Sections 182; Specific Relief Act, 1877 - Sections 3; Companies Act, 1956 - Sections 12 and 46; Transfer of Property Act, 1882 - Sections 5, 9 and 54; Registration Act, 1908 - Sections 17(1)
AIR1969Mad462; (1969)2MLJ509
it, he stands in a fiduciary position. For the plaintiff- company Sections 92 and 94 of the Indian Trusts Act, 1882, were relied upon. It seems to us that neither of these sections is of assistance to it. These … same without conveyance in favour of company by promotes after its incorporation-- Transfer of Property Act (IV of 1882), Section 9--If transaction amounts to transfer of property and no express provision of law requiring it to be in … liability company incorporated under the provisions of the Indian Companies Act, on 12-7-48, with its registered office at Raja-palayam. Two of Its promoters, one of
Tag this Judgment! AI Brief & AskFirestone Tyre and Rubber Co. Vs. Synthetics and Chemicals Ltd. and or ...
Mumbai
Nov-07-1969
Company
Companies Act, 1956 - Sections 2(11), 3, 4, 10, 10(1), 10E, 12, 12(1), 12(2), 16, 32, 34, 36, 71, 88, 91B, 172(1), 173, 173(2), 176(3), 176(5), 189(2), 203, 204, 204(4), 205, 207, 208, 209(4), 277, 283(1), 294, 294(2), 294(2A), 294(5), 294A, 294A(1), 295(5), 299, 299(1), 299(4), 300, 300(1), 300(3), 300(4), 314, 314(1), 314(2), 314(3), 397 and 398; Companies (Amendment) Act, 1965
[1971]41CompCas377(Bom); [1971]41ITR377(Bom)
a fiduciary position In India this fiduciary character has received statutory recognition in section 88 of the Indian Trusts Act, 1882. The reason underlying this rule is that the company has a right to the unbiased voice, advice and … the selling agent except that the rate of commission payable to the selling agents as provided in clause 12 hereof shall not be so modified.' 9. It appears that the plaintiffs were not happy at the idea
Tag this Judgment! AI Brief & AskParamount Bio-tech Industries Ltd. Vs. Union of India (Uoi)
Allahabad
Nov-25-2003
Company
Securities and Exchange Board of India Act, 1992 - Sections 11A, 11AA, 11(2), 12, 12(1B), 12(2), 16, 16(1), 20, 24, 27 and 30 ; Securities and Exchange Board of India (Collective Investment Scheme) Regulations, 1999 - Regulations 5 and 12; Companies Act, 1956; Income-Tax Act, 1961; Indian Trusts Act, 1882; Securities Contracts (Regulation) Act, 1956 - Sections 2(h); Security Laws (Amendment) Act, 1999; Companies (Amendment) Act, 2000 - Sections 292A
[2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)
Act, 1956, the Companies Act, 1956, the Income-tax Act, 1961, the Indian Trust Act, 1882 and the Constitution of India.17. It is alleged in paragraph … also the Securities Contract (Regulations) Act, 1956, the Companies Act, 1956, the Income-tax Act, 1961, the Indian Trust Act, 1882 and the Constitution of India.17. It is alleged in paragraph 24 that the power to frame regulations contained … collective investment schemes. A committee under the Chairmanship of Dr. S.A. Dave has already been constituted.The provisions of Section 12(1B) of the SEBI Act prohibits collective investment schemes including mutual funds from sponsoring any new scheme till the
Tag this Judgment! AI Brief & AskShyamabai Wd/O Surajkaran Joshi and ors. Vs. Madan Mohan Mandir Sansth ...
Mumbai
Dec-10-2009
Trusts and Societies
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
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 … owned field Survey No. 19 of village Wadali, Tahsil Daryapur, District Amravati. 12.20 acres of land out of the said survey number was in the
Tag this Judgment! AI Brief & AskM.R. Satwaji Rao (D) by L.Rs. Vs. B. Shama Rao (Dead) by L.Rs. and ors ...
Supreme Court of India
Apr-09-2008
Property
Limitation Act, 1963; Transfer of Property Act, 1882 - Sections 58, 60 and 83; Indian Trusts Act, 1882 - Sections 83 and 90; Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 21, Rule 92 - Order 34, Rule 14
AIR2008SC2328; JT2008(5)SC557; 2008(6)KarLJ1; 2008(3)KLT265(SC); (2008)5MLJ406(SC); 2008(6)SCALE554; (2008)5SCC124; 2008AIRSCW3833
suit notwithstanding anything contained in Order II, Rule 2.It is useful to refer Section 90 of the Indian Trusts Act, 1882 which reads as under:Section 90 - Advantage gained by qualified owner.- Where a tenant for life, co-owner, mortgagee … 97.50. As the mortgagors failed to pay the rent, on 19.5.1952, the mortgagee filed suit being O.S. No. 120/51-52 on the file of the Ist Munsif, Bangalore for arrears of rent. The said suit was decreed. In
Tag this Judgment! AI Brief & AskThangachi Nachial and anr. Vs. Ahmed HussaIn Malumiar and ors.
Chennai
Apr-05-1956
FamilyTrusts and Societies
Muhammadan Law; Trusts Act, 1882 - Sections 3, 59 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8; Contract Act, 1872 - Sections 17; Limitation Act, 1908 - Articles 12 and 144
AIR1957Mad194
of the charities. So he is certainly a beneficiary within the mean-ing. of S. 3 of the Indian Trusts Act 1882, i.e., one Of the persons fpr whose benefit the confidence is accepted by the trustee from the author … Court and here will come out of the estate. Decree modified. Trust and Societies - waqf property - Sections 3, 59 and 63 of Trust Act, 1882, Muhammadan Law, Order 1 Rule 8 of Code of Civil … It is contended by the learned advocate for the appellants that Art. 12 of the Ipdian Limitation Act would 'apply to this case and that
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