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Feb 28 1979

Fatima Fauzia and anr. Vs. Syed Ui-mulk and ors.

Court : Andhra Pradesh

Decided on : Feb-28-1979

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 15, 46, 47, 48 and 49; Contract Act, 1872 - Sections 2; General Clauses Act, 1897 - Sections 3(22)

Reported in : AIR1979AP229

Finding accordingly, Trust and Societies - breach of trust - Sections 15, 46, 47, 48 and 49 of Trusts Act, 1882, Section 2 of Contract Act, 1872 and Section 3 (22) of General Clauses Act, 1897 - jewellery of 'Nizam'

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Jan 29 1993

Official Trustee of Tamil Nadu Vs. Udavumkarankal and Others

Court : Supreme Court of India

Decided on : Jan-29-1993

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 2(2); Official Trustees Act, 1913 - Sections 15 and 28

Reported in : AIR1993SC1472; JT1993(1)SC592; 1993(1)SCALE566; 1993Supp(3)SCC509; [1993]1SCR380

the appellant himself pay for the excess expenditure involved in the proposal.16. Under Section 2(2) of the Indian Trusts Act, 1882, 'breach of trust' for which alone a trustee is liable is defined as 'a breach of any duty … of Rs. 4 lakhs over and above that sanctioned earlier, he did commit a breach of trust. However, Section 15 of the same Act absolves an Official Trustee from any personal liability in the event of a breach

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Apr 20 1992

P. Somasundaram Chettiar and Etc. Vs. Committee of Management of P.T. ...

Court : Chennai

Decided on : Apr-20-1992

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 15 and 36

Reported in : AIR1992Mad341

3 of 1874 is dismissed.9. Order accordingly. Trusts and Societies - pension - Sections 15 and 36 of Trusts Act, 1882 - testator in his will created trust and provided for giving pension to his descendants - trust was … of 1991 in T.O.S. No. 3 of 1874 is dismissed.9. Order accordingly. Trusts and Societies - pension - Sections 15 and 36 of Trusts Act, 1882 - testator in his will created trust and provided for giving

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Jan 08 1963

K. Manga Raju Vs. Venugopalaswamivaru and anr.

Court : Andhra Pradesh

Decided on : Jan-08-1963

Subject : CivilTrusts and Societies

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 99 - Order 1, Rules 3 and 9 - Order 2, Rules 2 and 3 - Order 6, Rule 2 - Order 31, Rule 2; Trusts Act, 1882 - Sections 15 and 23

Reported in : AIR1964AP412

with costs. Leave refused. (i) Civil - parties to suit - Sections 15 and 23 of Trusts Act,1882 and Section 99 and Order 2 Rules … Reddy invited my attention to a large number of decided cases and leading text-books on the law of trusts. The rule is well settled, and so far as the present case is concerned, we have the additional … of Trustees of the Devasthanam authorised the then managing trustee (the second defendant in this suit) to take action against the 1st defendant for realising the arrears of rent. Accordingly he instituted O. S. No. 51 of … I do not thick the learned counsel is right in that contention. Section 99, Civil P. C. clearly states :--'No decree shall be reversed or

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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 … face value of the shares declared in the return as the market value. The assessment is completed under Section 15(1) of the G.T. Act.' 58. After giving the basic exemption the taxable gift was arrived at Rs. 23,40,000.

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Aug 24 1998

Assembly Rooms Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Aug-24-1998

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

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Nov 17 1993

Committee of Management of Pachaiyappa's Trust Vs. Official Trustee of ...

Court : Supreme Court of India

Decided on : Nov-17-1993

Subject : Trusts and Societies

Acts : Official Trustees Act, 1913 - Sections 7, 9, 25 and 26; Trusts Act, 1882 - Sections 15 and 36;

Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710

orders of the Court as any other trustee acting in the same capacity. According to the Indian Trust Act, 1882 a trustee is bound to deal with the trust property as carefully as a man of ordinary prudence … as carefully as a man of ordinary prudence would deal with such property if it were his own (Section 15) and a trustee can be do all acts which are reasonable and proper for the realisation, protection or … long term lease in respect of immovable property vested in the Official Trustee as executor and trustee raise questions relating to the exercise of the

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Jun 04 2007

Shri Vasant Bhaskar Parulkar and ors. Vs. Shri Mahesh Shivram Rege

Court : Mumbai

Decided on : Jun-04-2007

Subject : Tenancy

Acts : Bombay Public Trusts Act, 1948; Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 - Sections 5(11), 13, 13(1), 15 and 15(2); Bombay Rents, Hotel and Lodging House (Amendment) Act, 1959; Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Act, 1973; Transfer of Property Act, 1882 - Sections 105 and 108; Code of Criminal Procedure (CrPC) - Sections 145; Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 23, Rule 1 and 1(4)

Reported in : 2007(4)ALLMR446; 2007(4)BomCR39; 2007(5)MhLj674

Vidyamandir Trust ( hereinafter referred to as 'the Trust'), a public charitable trust registered under the Bombay Public Trusts Act, 1948. They filed a suit against the respondent for possession of a flat (hereinafter referred to as the … the tenant was invalid and not binding on the respondent. 8. Section 105 of the Transfer of Property Act 1882, defines the lease of an immovable property as a transfer of a right to enjoy such property, made … transfer of tenancy rights in the suit flat by Shivram in favour of the Trust, being prohibited by Section 15 of the Bombay Rent Act, was illegal and void. He further held that as the transfer of tenancy

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Mar 23 2005

Commissioner of Income Tax Vs. Mehra Trust

Court : Allahabad

Decided on : Mar-23-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 164, 164(3) and 256(1); Hindu Succession Act - Sections 15; Indian Trusts Act, 1882 - Sections 77

Reported in : (2005)199CTR(All)603; [2006]284ITR148(All)

the majority is concerned, that would not render the trust invalid inasmuch as Section 77 of the Indian Trusts Act, 1882 takes care of the said situation. For the ready reference provisions of Section 77 of the Indian Trust … the eventuality of both the minor beneficiaries expiring before attaining majority. He also noted that the provisions of Section 15 of the Hindu Succession Act would come into play only when the minors attained majority and became absolute

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Dec 13 1991

Chatrabhuj Mavji Merchant Vs. Sumati Morarjee and ors.

Court : Mumbai

Decided on : Dec-13-1991

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 7, 11, 22, 32, 34, 36, 46, 72 and 74; Code of Civil Procedure (CPC) , 1908 - Sections 2(4) and 15; Bombay High Court (Original Side) Rules, 1980 - Rules 26 and 27; Bombay City Civil Court Act, 1948 - Sections 3 and 12; Bombay Civil Courts Act, 1869 - Sections 5 and 8

Reported in : 1991(4)BomCR289

and that defendant No. 1 had committed several breaches of trust vis-a-vis the trust deed and the Indian Trusts Act, 1882 (Trusts Act). The jurisdiction clause in the plaint ascribes jurisdiction to the City Court because the actionable causes … limits of the ordinary original civil jurisdiction of the High Court, in the definition of the word 'district. Section 15 mandates the institution of a suit in the Court of the lowest grade competent to try it. Clauses

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