Advanced Search Results

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

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 … Girdharlal and Anr. v. Gulamnabi Jamalgbhai Motorowala and Ors. AIR 1973 Guj 131 held that provisions of Sections 47 and 48 of Indian Trusts Act,

Official Trustee, State of Maharashtra Vs. Maharashtra Housing and Are ...

Court : Mumbai

Subject : Land Acquisition

of the High Court to initiate legal proceedings. 45. Nor do we find any provision under the Indian Trusts Act, 1882, requiring him to do so. Section 13 of the Indian Trusts Act, 1882, provides that a trustee is

In Re: N.H.M. Pandian

Court : Chennai

Subject : PropertyCriminal

Acts : Trusts Act, 1882 - Sections 6; Public Debts (Central Government) Act, 1944 - Sections 19; Negotiable Instruments Act, 1881 - Sections 13; Securities Act, 1920 - Sections 5; Indian Penal Code (IPC), 1860 - Sections 405

Reported in : AIR1953Mad787; (1953)IIMLJ42

large. The fine if already paidwill be refunded. Criminal - criminal breach of trust - Section 6 of Trusts Act, 1882, Section 19 of Public Debts (Central Government) Act, 1944, Section 13 of Negotiable Instruments Act, 1881, Section 5 of

The Commissioner of Income-tax Vs. Brig. Kapil Mohan, New Delhi

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 256(1 and 2); Transfer of Property Act, 1882 - Sections 5 and 13

Reported in : (2001)169CTR(Del)251

this juncture, it would be also relevant to take note of Section 13 of the Transfer of Property Act, 1882 (in short 'T.P.Act'). Section 13 reads as follows:'13. Where, on a transfer of property, an interest therein is … in Section 5 is limited to living persons. Such transfer can only be made by the machinery of trusts. Possibly, to express this distinction, the expression 'for the benefit of' has been used, since trustees being the

Rev. Fr. Farcisus Mascarenhas Vs. the State of Bombay

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1960)62BOMLR790

the Act, the words and expressions used but not defined in this Act, and defined in the Indian Trusts Act, 1882, shall have the meanings assigned to them in that Act. Now, Section 3 of the Indian Trusts Act … locality. As has been pointed out by Story J. in The Town of Pawlet v. Daniel Clark (1815) 13 U.S.R. 292, 3 Law. ed. 735-a church cannot be consecrated without an endowment and that until consecration it

Krishna Kashinath Patil Vs. S. Mohandas Kamath

Court : Mumbai

Subject : Tenancy

Acts : Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 13(1); Constitution of India - Article 227

Reported in : 2002(1)ALLMR353; 2002(2)MhLj924

committed any act contrary to the provision of Clause (a) of Section 108 of the Transfer of Property Act, 1882; (b) .... (c) .... (d) .... (e) .... (f) .... (g) that the premises are reasonably and bona … cannot be evicted except by strict compliance with the provisions of the Bombay Rent Act. In his submission, Section 13 of the Bombay Rent Act gives only a restricted power to the Court to order eviction of a … whose benefit the premises are held or where the landlord is a trustee of public charitable trust that the premises are required for occupation for

Framroze Dadabhoy Madon Vs. Tehmina

Court : Mumbai

Subject : PropertyFamily

Reported in : (1947)49BOMLR882

held by the learned Judge to be void by reason of Section 13 of the Transfer of Property Act, 1882, as have also the subsequent trusts, with the result that a declaration has been made that there is

Shyamabai and Others Vs. Madan Mohan Mandir Sanstha

Court : Mumbai Nagpur

Subject : Land Acquisition

substantial 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 … to the possession of the suit house, tenability of suit for want of permission of Charity Commissioner under Section 51 of the Bombay Public Trusts Act, 1950 and decision of Rent Controller operating as resjudicata regarding the … canvassed in this behalf by Shri Gilda learned counsel for the appellants. 13. The Full Bench of this Court, while answering the questions relating to

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Subject : Property

Acts : 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

Reported in : 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 … on the property except as shown in the plan handed over by you to us.'The 1st defendant on 13-12-1965 under Ex. A-50 addressed a letter to the Attorneys of Zaveri offering to purchase from Zaveri Ratan Villa

Ardeshir Dadabhoy Baria Vs. Dadabhoy Rustomjee Baria

Court : Mumbai

Subject : Family

Reported in : AIR1945Bom395; (1945)47BOMLR287

at the date of the settlement. The principal relevant enactment is Section 13 of the Transfer of Property Act, 1882, viz.:Where, on a transfer of property, an interest therein is created for the benefit of a person not … J.1. This was an originating summons having the principal object of determining the validity or otherwise of certain trusts in favour of persons unborn at the date of the creation thereof.2. The facts are not in dispute