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Shiam Sunder Vs. L. Pratap Chandra

Court : Allahabad

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 16 and 46; Trusts Act, 1882 - Sections 51, 66 and 94

Reported in : AIR1952All330

7. I agree in dismissing the appeal. Commercial - partnership - Sections 51, 66 and 94 of Trust Act, 1882 and Sections 16 and 46 of Partnership Act, 1932 - dissolution of partnership - goods held by one … accounting partner may be able to distinguish them from those which were his own. 4. Under section 66, Trusts Act, the result of wrongful intermingling of trust property with the private property of the trustee, entitles the beneficiary

Suguna and K. Devi Vs. Vinod G. Nehemiah and ors.

Court : Chennai

Subject : Property

Acts : Indian Contract Act, 1872 - Sections 16, 16(2) and 16(3); Specific Relief Act, 1963 - Sections 34; Evidence Act - Sections 111 and 230A; Indian Trusts Act, 1882 - Sections 8; Code of Civil Procedure (CPC) - Order 6, Rules 2 and 4

Reported in : 2008(2)CTC433; 2008(2)CTLJ223(Mad); (2008)5MLJ167

and this is a clear case of a breach of trust as per Section 8 of the Indian Trusts Act, 1882.48. It is seen that in the plaint filed before the City Civil Court, the first appellant sought for … settlement on grounds of undue influence and fraud played on, it was pointed out that with reference to Section 16(3) of the Indian Contract Act, 1872, the first appellant admitted that she maintained a fiduciary relationship with the

Commissioner of Income-tax (Central) Vs. Shyamlal Bhuwalka

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Section 16 and 16(1); ;Indian Trusts Act, 1882

Reported in : [1978]113ITR127(Cal)

either in the purchase or mortgage of immovable properties or in such investments whether authorized by the Indian Trusts Act, 1882, or not or in dupostts with or loans to any company, person or firm including the firm or … the revenue, before us was that this trust should be deemed to bo revocable within the meaning of Section 16 of the Indian Income-tax Act, 1922, inasmuch as the settlement contained a provision which gave the settlor a

The Mercantile Bank of India Limited Vs. Capt. Vincent L. D'silva

Court : Mumbai

Subject : Civil

Reported in : AIR1928Bom436; (1928)30BOMLR1225

acquiring the property in question has notice of the trust. That is borne out clearly by the Indian Trusts Act, 1882, Section 63 of which states :-Where trust-property comes into the hands of a third person inconsistently with the trust, … to Government securities such as those which Mr. Justice Russell had to deal with, it is provided by Section 16 as follows :-(1) When a renewed Government promissory note has been issued under Section 12, or a new

Peeyush Aggarwal Vs. Sanjeev Bhavnani

Court : Delhi

Subject : Education

the real owner.28. It cannot be lost sight of that Section 81, 82 and 94 of the Indian Trusts Act, 1882 which have been repealed by the Benami Act expressly provided for the person in whose name the property

M.A. Abdul Malick Saheb Vs. T.P. Muhammad Yousuf Sahib and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Indian Contract Act, 1872 - Sections 16 and 19A; Trusts Act, 1882 - Sections 89

Reported in : AIR1961Mad190; (1960)2MLJ355

costs. Property - undue influence - Sections 16 and 19A of Contract Act, 1872 and Section 89 of Trusts Act, 1882 - mere existence of fiduciary relation raises presumption of undue influence - Court will hold transaction to be

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 … without fraud and by auction. Or to take a later case, Beningfield v. Baxter (1886) 12 App. Cas. 167 might be quoted where the purchase by an executor though openly at auction (palam et suh-hafta) was declared

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 … more conditions as dictated by plaintiffs 1 and 7. A reference to Exs.A.7, A.8, A.10, A.12 and A. 16 which are the notices issued by or on behalf of the plaintiffs to the second defendant reflect the

Dulal Chandra Chatterjee and ors. Vs. Moni Mohan Mukherjee and ors.

Court : Kolkata

Subject : Trusts and SocietiesFamily

Acts : Transfer of Property Act, 1882 - Sections 5, 6, 10, 122, 123, 126 and 197; ;Indian Stamp Act, 1899 - Section 2(24); ;Indian Trust Act, 1882 - Sections 3, 5 and 6; ;Partition Act; ;Religious and Charitable Endowment Act; ;Hindu Sucession Act, 1956; ;Income Tax Act, 1922 - Section 16(3)

Reported in : 2005(2)CHN563

Banerjee cannot be acceded to.7.6. A trust is an obligation as defined in Section 3 of the Indian Trusts Act, 1882 annexed to the ownership of the property arising out of a confidence reposed in and accepted by the … by a person to himself or to himself and another person or persons. In the context of Section 16(3)(b) of the Income-tax Act, 1922, the Supreme Court has observed in that decision that change of capacity makes

Controller of Estate Duty Vs. Veeran Wali

Court : Delhi

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 2(16), 5, 5(1), 6 to 15, 35 and 64(1); Indian Trusts Act, 1882 - Sections 82; Transfer of Property Act, 1882 - Sections 41; Constitution of India - Article 252

Reported in : 2001IIIAD(Delhi)283A; 91(2001)DLT213A

it were his own and the accountable person held it in trust under Section 82 of the Indian Trusts Act, 1882 (in short 'the Trusts Act'), for the benefit of the deceased. The benamidar subject to the equities flowing … any property (other than agricultural land) which passes on the death of any person on or after the 16th day of March, 1985. 6. Property within disposing capacity.--Property which the deceased was at the time of his