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M.E. Moolla Sons Limited Vs. the Official Assignee

Court : Mumbai

Subject : Property

Reported in : (1936)38BOMLR1011

property ' according to the law of India. It is further to be observed that by the Indian Trusts Act (II of 1882), Section 5, conformably to the general scheme of the other statute:-No trust in relation to … be governed by the provisions of Section 54 of the Transfer of Property Act (IV of 1882) and Section 17 of the Indian Registration Act (XVI of 1908). Maung Chit Maung's father, who executed the registered deed of

Stack (Appellant) Vs. Dowden (Respondent)

Court : House of Lords

Subject : Land Acquisition

couples, and many of them focus on the issue of whether section 17 of the Married Women's Property Act 1882 was purely procedural, or gave the court a discretion to vary the parties' beneficial interests to accord with … right framework. Traditionally, English law has always distinguished between legal ownership in land and its beneficial ownership. The trusts under which the land is held will determine the extent of each party's beneficial ownership. Where the parties

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 … Hussanali Jeevabhai.2. The first and second defendants are executors appointed by the will of Mahomedali, executed on the 17th December 1896, the day before his death. The third defendant is Mahomedali's daughter. The fourth is Mahomedali's widow.

Govind Ram Vs. Madan Gopal

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1945)47BOMLR612

called the said deed), was exempt from any requirement to be registered, notwithstanding that Section 5 of the Trusts Act, 1882, enacts that no trust in relation to immovable property is valid unless registered.6. The trial Judge decreed the … for the benefit of creditors.5. The point at issue can now be stated-it is whether by reason of Section 17 of the Registration Act, 1908, the deed of May 25, 1929 (hereinafter called the said deed), was exempt

Anna S/O Shriram Fate Vs. Joint Charity Commissioner and anr.

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trust Rules, 1951 - Rule 7; Bombay Public Trusts Act, 1950 - Sections 2(4), 17, 22, 70, 70A, 72 and 76; Presidency Small Causes Courts Act, 1951; Presidency Small Causes Courts Act, 1882; Code of Civil Procedure (CPC) ; Provincial Small Causes Courts Act, 1887

Reported in : 2005(2)ALLMR596; 2005(4)BomCR836; 2005(2)MhLj298

Courts Act, 1951, provides that the procedure of enquiry shall be as provided under Presidency Small Causes Courts Act, 1882 and under Provincial Small Causes Courts Act, 1887. While procedure prescribed in 76 of Bombay Public Trusts Act … challenge is that the said Rule is inconsistent with Section 76 read with Section 2(4) of Bombay Public Trusts Act, and has prayed for striking down thereof. Therefore, the petition came to be listed before the Division Bench.2. … though the procedure to be adopted for enquiry, is one prescribed under Provincial Small Causes Courts Act, 1887, Section 17 of the said Act, in turn, provides that the procedure prescribed in the Code of Civil Procedure shall

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 … the public charitable institutions and the nominations were made at her residence at 'Madhukunj' at Birla Park at 17B, Gurusaday Road, Calcutta. The nominations were communicated and known to all the trustees of five trusts including the

N.K. JaIn and Others Vs. C.K. Shah and Others

Court : Supreme Court of India

Subject : Labour and Industrial

Acts : Factories Act, 1948 - Seciton 8; Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 2, 4, 5, 6, 14(2A) and 17; Indian Trusts Act, 1882 - Sections 5; Employees' Provident Fund and Family Pension Fund Act, 1952; Companies Act, 1929 - Sections 74 and 380; Industrial Disputes Act, 1947; Minimum Wages Act, 1948; C.P. and Berar Industrial Disputes Settlement Act, 1947

Reported in : AIR1991SC1289; 1991CriLJ1347a; 1991(2)Crimes94(SC); [1991(62)FLR657]; (1991)2GLR910; JT1991(2)SC52; (1995)IIILLJ300bSC; 1991(1)SCALE519; (1991)2SCC495; [1991]1SCR938a

the interests of the employees and such instruments shall be duly registered under Section 5 of the Indian Trusts Act, 1882; (b) the Board of Trustees shall consist of an equal number of representatives of the employees and the … of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 ('Act' for short) against an establishment exempted under Section 17 of the Act for the contravention of the provisions of Section 6 of the Act?2. The appellants, who

Jayanta Mohan Chatterjee Vs. Jagat Mohan Chatterjee and ors.

Court : Kolkata

Subject : Trusts and SocietiesCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17 - Order 41, Rule 27; ;Trusts Act, 1882 - Sections 63, 64 and 66

Reported in : AIR1972Cal88,76CWN127

that being so the trustee could not treat the properties as their own. Under Section 63 of the Trusts Act, the beneficiary was entitled to follow the properties in the hands of the Society and thereafter of the … 'conveyance' means any deed which transfers a title in property. In Section 5 of the Transfer of Property Act, 1882, 'transfer of property' means an act by which one conveys a property. 'Conveyance' defined in Section 2(10) of … mortgage decree in enforcement of the said mortgage in Title Suit No. 171 of 1953. Thereafter the assets of the Society vested in the Life

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 … No.18); (xv) that the defendant however failed to do so and ultimately on much persuasion vide cheque dated 17.05.2006 transferred a small part of the dividend amount of Rs.5,50,000/- leaving a balance of Rs.18,47,863/-; (xvi) that the

Chandrashankar Pranshankar Vs. Bai Magan

Court : Mumbai

Subject : Property

Reported in : AIR1914Bom55; (1914)16BOMLR236; 24Ind.Cas.730

it, for the reasons given in Maluhchand's case, require registration under the provisions of Section 5 of the Trusts Act of 1882. I would, therefore, reverse the decree of the lower Court and remand the case for trial … a composition deed within the meaning to of the Registration Act it d as not require registration (see Section 17, Clause (e) This very document has twice come before the Previous litigation, on one occasion before a Bench