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Bhai Hospital Trust and ors. Vs. Parvinder Singh and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act - Sections 32; Companies Act; Code of Civil Procedure (CPC), 1908 - Sections 11; Indian Trust Act, 1882 - Sections 10, 12, 18, 31(2), 3247, 48, 71, 73, 74 and 131

Reported in : 2002IIIAD(Delhi)833; AIR2002Delhi311; 2002(3)ARBLR19(Delhi)

the trustees within the provisions of Section 10, 12, 18, 47, 48, 71, 74 and 131 of the Trusts Act, 1882 - It was held that once the Law provides some powers to the trustees, which cannot be abdicated … V.S. Aggarwal, J.1. Vide the order passed by this court on 19th March, 2001 issues 1 and 2 were directed to be treated as preliminary issues. By virtue of the present order

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

Court : Gujarat

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

Soundararajan and Co. Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 82, 88 and 94; Income Tax Act, 1961 - Sections 2(47) and 45

Reported in : [1999]240ITR150(Mad)

of the abovesaid conclusion, reliance placed by learned counsel for the assessee on section 88 of the Indian Trusts Act, 1882, with regard to the advantage gained in a fiduciary character or on Section 94 of the said Act … and Co., was the assessee's capital gain resulting from the transfer of the shares within the meaning of Section 2(47) of the Income-tax Act, 1961 ?'2. The assessee purchased 7,866 shares in Beena Roller Flour Mills (P.) Ltd.,

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 … public trust on the strength of definition of Public Trust under Section 2(13) of the Bombay Public Trusts Act, 1950 ?Similarly, Justice C.L. Pangarkar, in

Chatrabhuj Mavji Merchant Vs. Sumati Morarjee and ors.

Court : Mumbai

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 … 3 complains of defendant No. 1 with the aid of defendant Nos. 2 and 3 misusing her position as a managing trustee. Defendant No. 1 … does not in terms signify the forum for suits alleging breach of trust and redress therefor. However, several section in the Act ordain access to a 'Principal Civil Court of original jurisdiction' (Principal Court) for various matters.

People Charity Fund and ors. Vs. K. Raghava Reddy and Associates

Court : Karnataka

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 230A; Indian Partnership Act, 1932 - Sections 69 and 69(2); Indian Trusts Act, 1882 - Sections 46 to 48; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 3, Rules 4 and 6 - Order 22, Rule 10 - Order 23, Rule 3 - Order 41, Rules 5 and 25

Reported in : 2009(3)KarLJ562; 2009(1)AIRKarR367; AIR2009NOC871(D.B)

hereunder:(1) The appeal filed by the appellants is not maintainable in view of Section 48 of the Indian Trusts Act, 1882 as all the trustees to the suit, who were defendants, have not filed the present appeal and that … K.L. Manjunath, J.1. This is a defendant's appeal challenging the judgment and decree dated 21-2-2007 in O.S. No. 2495 of 1987 passed by the XVIII Additional City Civil Judge, Bangalore.2. The aforesaid suit

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

Court : Andhra Pradesh

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' given

Narayani Amma Vilasini Amma Vs. Eyo Poulose of Vattathara

Court : Kerala

Subject : Property

Acts : Kerala Debt Relief Act, 1977 - Sections 2(3); Trust Act, 1882 - Sections 3

Reported in : AIR1982Ker198

and what the terms 'trust' and 'breach of trust' in the context could mean.6. Section 3 of the Trusts Act, 1882 defines 'trust' as an obligation annexed to the ownership of property, and arising out of confidence reposed in … was a liability exempted from the definition of 'debt' in the Kerala Debt Relief Act, 17 of 1977. Section 2 (3) of the Act defines 'debt' as any liability in cash or kind incurred by a debtor, whether

B. Ramachandra Adityan Vs. Educational Trustee Co. (P.) Ltd.

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 11, 11(1), 11(2), 12, 25, 33, 433 and 434(1); Indian Trusts Act, 1882 - Sections 32; Code of Civil Procedure (CPC) - Sections 92

Reported in : [2003]113CompCas334(Mad); [2003]41SCL385(Mad)

carrying on its object by acting as a trustee for the trust.31. Further, Section 32 of the Indian Trusts Act, 1882 also provides that the trustee is entitled to get reimbursement out of the trust property all expenses properly … as a private limited company, limited by shares. The authorised capital of the first respondent company is Rs. 20,000, divided into 2,000 shares of Rs. 10 each and its paid up capital is Rs. 3,335, divided into

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 … points had been covered by regulations, and the Acts, which were repealed either wholly or in part by Section 2 of the Transfer of Property Act but for the rest of the law, the Courts, in the absence