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Jun 13 2008

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

Court : Karnataka

Decided on : Jun-13-2008

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

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Dec 20 2005

Chhotey Lal Dixit (D) Through L.Rs. Vs. Ist A.D.J. and ors.

Court : Allahabad

Decided on : Dec-20-2005

Subject : Trusts and SocietiesTenancy

Acts : Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - Sections 2, 2(1), 2(3), 3 and 21; Trusts Act, 1882 - Sections 1; Muslim Law; Code of Civil Procedure (CPC) - Sections 92

Reported in : 2006(74)AWC2730

Wakf under Muslim law is not a trust, even if it is for charitable purposes. Section 1 of Trusts Act 1882 expressly provides that nothing contained in the said Act shall affect the rules of Mahomedan Law as to … against original petitioner-tenant Chhotelal Dixit, since deceased and survived by legal representatives. The release application was filed under Section 21 of U.P. Act No. 13 of 1972 and was registered as Rent Case No. 626 of 1977 on

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Apr 03 2009

A.S. Krishna Murthy S/O Late Srinivasan Vs. C.N. Revanna S/O C.R. Naga ...

Court : Karnataka

Decided on : Apr-03-2009

Subject : PropertyTrusts and Societies

Acts : Karnataka Rent Control Act, 1961 - Sections 21(1) and 31; Transfer of Property Act - Sections 106, 111 and 116; Indian Trust Act, 1882 - Sections 55, 56, 59 and 77; Code of Civil Procedure (CPC) - Sections 47 and 146 - Order 1, Rule 8 - Order 21, Rules 10 and 16 - Order 22, Rules 1, 2, 3, 4, 7, 8 and 10; Karnataka Schemes (Regulation) Rules, 1971 - Rule 6

Reported in : 2009(5)KarLJ454; 2009(4)AIRKarR486; AIR2009NOC2692(D.B)

Section 59 of the Trust Act in support of his submission. Under Section 59 of the Indian Trust Act, 1882 where no trustees are appointed or all the Trustees die, disclaim or are discharged, or where for any … the Judgment and Decree is bad in law.12. learned Senior Counsel also adverted to Section 59 of the Trust Act to contend that there was non-compliance of the said provision in the instant case and the second … on the file of Xth Addl. Small Causes Judge, Bangalore under Section 21(1)(h) & (j) of the Karnataka Rent Control Act, 1961. The said petition

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Oct 24 1950

Vijaya Ramraj Vs. Dr. Sir Vijaya Ananda

Court : Allahabad

Decided on : Oct-24-1950

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 21 - Order 1, Rule 10; Madras Impartible Estates Act, 1904 - Sections 2(3); Trusts Act, 1882 - Sections 36 and 56; Madras Imparitible Estates (Amendment) Act, 1914 - Sections 4, 9, 10, 14 and 15; Hindu Law; Contract Act, 1872 - Sections 25 and 37; Madras Imparitible Estates (Amendment) Act, 1934

Reported in : AIR1952All568

he had attained majority though not attained the age of 21 by virtue of Section 36 of the Trusts Act, 1882. (iv) Agreement to pay - Sections 25 and 37 of Contract Act, 1872 - held, agreement to pay

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Sep 14 2007

Mahesh Centre and anr. Vs. People Charity Fund by Its Trustees

Court : Karnataka

Decided on : Sep-14-2007

Subject : PropertyContract

Acts : Indian Trust Act, 1882 - Sections 36; Partnership Act - Sections 69; Limitation Act, 1963 - Sections 21 and 21(1); Income Tax Act; Code of Civil Procedure (CPC) - Order 6, Rule 17; Limitation Act - Sections 22(1)

Reported in : 2007(4)KarLJ4344

In the background of this legal controversy it is necessary to notice the legal position on this question.11. Section 21 of the Limitation Act, 1963 reads as under:21. Effect of substituting or adding new plaintiff or defendant - … this appeal are referred to by their status before the Trial Court.3. First defendant is a public charitable trust. Defendants 2 to 4 are the Trustees. Defendants are the owners of schedule property. Plaintiffs are engaged in … to execute lease deed under Section 36 of the Indian Trust Act 1882?vi) Whether the plaintiffs are entitled for a decree for the specific performance?vii)

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Sep 14 2007

Mahesh Centre Joint Family Firm Represented by Father/Manager D.L. Nan ...

Court : Karnataka

Decided on : Sep-14-2007

Subject : Property

Acts : Indian Trust Act, 1882 - Sections 36; Partnership Act - Sections 69; Limitation Act, 1963 - Sections 21 and 21(1); Income Tax Act; Code of Civil Procedure (CPC) - Rules 6 and 17

In the background of this legal controversy it is necessary to notice the legal position on this question.11. Section 21 of the Limitation Act, 1963 reads as under:21. Effect of substituting or adding new plaintiff or defendant.-(1) Where … this appeal are referred to by their status before the Trial Court.3. First defendant is a public charitable trust. Defendants 2 to 4 are the Trustees. Defendants are the owners of schedule property. Plaintiffs are engaged in … to execute lease deed under Section 36 of the Indian Trust Act 1882?(vi) Whether the plaintiffs are entitled for a decree for the specific performance?(vii)

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Nov 27 1998

Arjun Dev Kohli Vs. State of J. and K. and anr.

Court : Jammu and Kashmir

Decided on : Nov-27-1998

Subject : Criminal

Acts : Jammu and Kashmir Public Men and Public Servants Declaration of Assets and Other Provisions Act, 1983 - Sections 12 and 14; ;Municipal Act - Section 229; ;Jammu and Kashmir Prevention of Corruption Act, 2006 Smvt. - Sections 5, 5(2), 5A(1) and 6; ;Indian Trusts Act, 1882 - Section 82; ;Ranbir Penal Code (IPC), 1989 Smvt. - Section 120B; ;Indian Penal Code (IPC) - Section 21

Reported in : 1999CriLJ4967

latter case. The principle underlying the former case is also statutorily recognised in Section 82 of the Indian Trusts Act, 1882 AIR 1957 SC 49, Relied on.The principle governing the determination of the question whether a transfer is a … a 'public servant.' Therefore, a Municipal Councillor is not a public servant within the meaning of Clause(12) of Section 21, I.P.C.The appellant-Municipal Councillor, not being a public servant, cannot be prosecuted under the Prevention of Corruption Act -

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Aug 31 2001

M.M. Nagalinga Nadar Sons Rep. by Its Partner D. Kanagasabai Vs. Sri L ...

Court : Chennai

Decided on : Aug-31-2001

Subject : Trusts and Societies

Acts : Tust Act, 1882 - Sections 11(1), 14, 19, 20, 55, 56, 75 and 77; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Sections 14(1); Code of Civil Procedure (CPC), 1908 - Sections 47, 146 and 462 - Order 1, Rule 10 - Order 21, Rule 16 - Order 22, Rules 3, 4 and 10 - Order 27, Rule 10 - Order 32, Rule 10; Tamil Nadu Buildings (Lease and Rent Control) (Amendment) Act, 1973; Indian Income-tax Act, 1922 - Sections 3, 6 and 9; Dowry Prohibition Act, 1961 - Sections 6; Stamp Act - Schedule - Article 62; Registration Act - Sections 17(1); Transfer of Property Act - Sections 8 and 130

Reported in : (2001)3MLJ523

will however be no order as to cost. Trusts and Societies - eviction - Section 14 (b) of Trusts Act, 1882 and Sections 14 (1) of Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 - trustees filed petition … and thereupon, the trust shall stand terminated, (iii) The period fixed is under Clause 20 and under Clause 21, the trustees are required to render to the beneficiaries a true account of all the dealings during the

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Nov 24 2003

R. Sai Bharathi Vs. J. Jayalalitha and ors.

Court : Supreme Court of India

Decided on : Nov-24-2003

Subject : Criminal

Acts : Companies Act, 1956; Indian Stamp Act - Sections 47A; Indian Penal Code (IPC) - Sections 43, 109, 119, 120B, 169, 175, 176, 177, 179, 181, 191, 202, 221, 222, 223, 225, 405, 409 and 420; Prevention of Corruption Act - Sections 13(1) and 13(2); Prevention of Undervaluation of Instruments Rules - Rules 2, 3, 4, 6 and 7; Tamil Nadu Stamp Act; Indian Trust Act, 1882 - Sections 52; Transfer of Property Act, 1882 - Sections 136; Code of Civil Procedure (CPC) - Order 21, Rule 73; Constitution of India - Articles 73, 136, 154, 162 and 309; Railways Act, 1989 - Sections 189; Cattle Trespass Act, 1871 - Sections 19; Code of Criminal Procedure (CrPC) - Sections 481

Reported in : 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9

an order of court, or by any fiduciary obligation imposed on a public servant by the law of trusts or otherwise. The words 'legally bound' do not necessarily only mean the law made by the legislature or … a loss to public or not. In this context, the provisions of Section 52 of the Indian Trust Act 1882, Section 136 of the Transfer of Property Act, 1882 and Order XXI, Rule 73 CPC are brought to our … of TANSI. Advertisements were caused to be published in leading newspapers on 21.11.1991 calling for offers through tenders for the purchase of the property of

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Dec 21 1979

Thakur Bhim Singh (Dead) by Lrs and anr. Vs. Thakur Kan Singh

Court : Supreme Court of India

Decided on : Dec-21-1979

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 82; Code of Civil Procedure (CPC) - 12; ;Evidence Act - Sections 21 and 32(3)

Reported in : AIR1980SC727; (1980)3SCC72; [1980]2SCR628; 1979()WLN788

latter case. The principle underlying the former case is also statutorily recognized in Section 82 of the Indian Trusts Act, 1882 which provides that where property is transferred to one person for a consideration paid or provided by another … under the provisions of the Indian Evidence Act being statements made by him against his proprietary interest under Section 21 and Section 32(3) of the Indian Evidence Act.27. The defendant cannot also derive any assistance from the decision

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