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Dec 10 2009

Shyamabai Wd/O Surajkaran Joshi and ors. Vs. Madan Mohan Mandir Sansth ...

Court : Mumbai

Decided on : Dec-10-2009

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 … under Section 129 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, filed an application under Section 19(1)(d) of the said Act for recovery of possession of 4 acres of land, which was with Mukund on

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Feb 16 1996

Mukund S/O Rambhau Pinjarkar Vs. Sarda Education Trust, Through Jugalk ...

Court : Mumbai

Decided on : Feb-16-1996

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 19(1); Indian Trust Act, 1882 - Sections 47 and 48

Reported in : 1996(5)BomCR520

(1) (d) of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 and Section 47 of Indian Trust Act, 1882 - whether application under Section 19 (1) (d) by Secretary of trust under delegated authority maintainable - under … in revision before the Maharashtra Revenue Tribunal.3. Sarda Education Trust is a Public Trust under the Bombay Public Trusts Act, 1950 (hereinafter referred to as the 'Trust'). The said Trust has six trustees and it owns agricultural lands

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Dec 12 1952

In Re: N.H.M. Pandian

Court : Chennai

Decided on : Dec-12-1952

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 Securities

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Jul 21 1983

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. Union of India (Uo ...

Court : Supreme Court of India

Decided on : Jul-21-1983

Subject : CommercialConstitution

Acts : Constitution of India - Articles 13, 14, 19, 19(1), 32, 38, 39, 46, 136, 226 and 285(1); Companies (Acceptance of Deposits) Rules, 1975 - Rules 2, 2-B, 3, 3-A, 3-A(1), 4, 5, 6 and 7; Companies Act, 1956 - Sections 3, 45(1), 58-A, 591 and 642; Companies (Amendment) Act, 1960; Companies (Amendment) Act, 1965; Companies (Amendment) Act, 1974; Reserve Bank of India Act, 1934 - Sections 45-J and 45-K; Rent Restriction Acts; Indian Trust Act, 1882 - Sections 20; Electricity (Supply) Act; Indian Trusts Act, 1882 - Sections 20; Joint Stock Companies Act, 1850; Joint Stock Companies (Amendment) Act, 1857; Indian Companies Act, 1913

Reported in : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438

(c) in unencumbered securities mentioned in Clauses (a) to (d) and (ee) of Section 20 of the Indian Trusts Act, 1882(2 of 1882).Provided that with relation to the deposits maturing during the year ending on the 31st day … under Article 136 of the Constitution, constitutional validity of Rule 3A of the Companies (Acceptance of Deposit) Rules, 1975 ('Deposits Rules' for short) introduced by Companies (Acceptance of Deposits) Amendment Rules, 1978 which became operative from April

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Mar 08 1989

Shree Arya Dharma Seva Sangh and ors. Vs. Jai Iron and Steel Industrie ...

Court : Kolkata

Decided on : Mar-08-1989

Subject : Tenancy

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2(2) and 115; ;West Bengal Societies Registration Act, 1860 - Sections 6, 19 and 36; ;Trusts Act, 1882 - Sections 44 and 76

Reported in : (1989)2CALLT196(HC)

case appears to be a religious and charitable trust, the principles of Sections 44 and 76 of the Trusts Act, 1882 are applicable in this case also.10. In the present case Clause (2) of the Regulations of the Society … also not maintainable as it had not been instituted by any of such persons as are mentioned in Section 19 of the West Bengal Societies Registration Act of 1961. With these findings the Court below dismissed the suit

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Aug 10 1965

Christine Pais Vs. K. Ugappa Shetty and anr.

Court : Karnataka

Decided on : Aug-10-1965

Subject : Property

Acts : Transfer of Property Act - Sections 54, 55 and 55(4); Indian Trusts Act, 1882 - Sections 91 and 95; Specific Relief Act - Sections 19

Reported in : AIR1966Kant299; AIR1966Mys299; (1965)2MysLJ692

for the applicability of equitable principles or of the provisions of Ss. 91 and 95 of the Indian Trusts Act, 1882, to the case. He submitted that Section 19 of the Specific Relief Act is itself a bar to

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Feb 23 2005

A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...

Court : Andhra Pradesh

Decided on : Feb-23-2005

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 … V.V.S. Rao, J.1. These two appeals are filed against the judgment and decree in O.S. No. 31 of 1985 dated 25.8.1993 passed by the Court of the Principal Subordinate Judge, Ranga Reddy District. C.C.C.A. No. 88 of

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Jul 29 2005

C.i.T.-iii Vs. the Baroda Peoples Co-op. Bank Ltd.

Court : Gujarat

Decided on : Jul-29-2005

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80A, 80A(1), 80A(2), 80AB, 80B(5), 80P, 80P(2), 80 to 80U to 80VV; Gujarat Co-operative Societies Act, 1961 - Sections 2(7), 2(19), 2(24), 4, 5, 12A, 14, 28, 29, 43D, 65, 66, 67, 67(2), 67(3), 71, 71(1); Banking (Regulations) Act, 1949 - Sections 5, 6, 6(1), 6(2) and 8; Imposition of Ceiling on Land Holdings Act, 1960; Indian Trusts Act, 1882 - Sections 20; Indian Trusts Act, 1882; Income Tax Act, 1922 - Sections 14(3); Constitution of India - Articles 14 and 141

Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)

arose as to whether investment, of sums appropriated to the contingencies reserve, in securities authorised under the Indian Trusts Act,1882 and income derived by way of interest therefrom was attributable to profits and gains of the business of … the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in allowing deduction under Section 80-P(2)(a)(i) of the Income-tax Act,1961 on interest income as being attributable to the business of banking ?2 On … Court.3 The Assessment Year in Tax Appeal No. 208 of 2003 is 1995-96 and the relevant accounting period is Financial Year 1994-95. The assessee, a

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Nov 30 1977

Digambar Pralhad Jot and ors. Vs. Satyanarayan Biharilal Zunzunwala an ...

Court : Mumbai

Decided on : Nov-30-1977

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 2(10), 19, 22, 22A, 28, 29, 36, 39, 41D, 41E(3), 43(2), 47, 50, 50A, 51, 51(1), 54(3) and 79AA(2); Constitution of India - Articles 226 and 227; Societies Registration Act, 1860; Presidency Small Cause Courts Act, 1882; Provincial Small Cause Courts Act, 1887; Bombay Public Trust Rules, 1951

Reported in : AIR1978Bom196

Nagpur who is empowered with the powers of the Charity Commissioner under Section 51 of the Bombay Public Trusts Act, 1950, referred to hereinafter as the Act, granting permission to the respondents Nos. 1 to 12 to file … Region in accordance with the Procedure prescribed for the trial of suit under the Presidency Small Cause Courts Act, 1882, and elsewhere under the Provincial Small Cause Courts Act, 1887. In any inquiry a party may appear in … petition is filed by the petitioners challenging the order dated 29th Oct. 1971 passed by the Deputy Charity Commissioner, Nagpur Region, Nagpur who is empowered

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Aug 24 2006

Jai NaraIn Parasrampuria (Dead) and ors. Vs. Pushpa Devi Saraf and ors ...

Court : Supreme Court of India

Decided on : Aug-24-2006

Subject : PropertyCompany

Acts : Code of Civil Procedure (CPC) - Order 21, Rule 99 - Order 23, Rule 1; Uttar Pradesh Rent Control Act; Specific Relief Act, 1963 - Sections 15, 19, 20 and 20(2); Evidence Act - Sections 44 and 116; Companies Act, 1956 - Sections 132 and 138; Transfer of Property Act - Sections 5 and 54; Indian Trusts Act, 1882 - Sections 3, 92 and 94; Specific Relief Act, 1877 - Sections 27; Urban Land Ceiling Act; Urban Land Ceiling (Regulation) Act, 1976 - Sections 26; Income Tax Act; Cantonment (House Accommodation) Act, 1923 - Sections 2; Orissa House Rent Control Act, 1967 - Sections 2(3); Housing Act, 1996 - Sections 6B(1)

Reported in : (2007)1CompLJ69(SC); 2006(2)CTLJ130(SC); (2006)4MLJ1224(SC); 2006(8)SCALE477; (2006)7SCC756

of 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 … the proviso that the company should accept the said transaction. In the instant case, indisputably it was done. Section 19(e) of the Act provides for grant of a decree of specific performance of a contract against a company

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