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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 … final hearing by a Division Bench of this Court and thereafter I.A. No. X was filed under Order 22, Rule 10 of the Civil Procedure Code, 1908 by the appellant seeking permission of the Court to grant

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Apr 19 1983

Raja Sir M.A. Mutthiah Chettiar Vs. Commissioner of Income-tax, Madras

Court : Chennai

Decided on : Apr-19-1983

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 3; Indian Income-tax Act, 1922 - Sections 6, 9 and 22; Income Tax Act, 1961; Indian Succession Act - Sections 57; Transfer of Property Act - Sections 5, 122 and 123; Registration Act; Indian Stamp Act, 1899 - Sections 99

Reported in : (1984)38CTR(Mad)76; [1984]148ITR532(Mad)

being one made to a living person must, however, comply with the requirement of this section. The Indian Trusts Act, 1882, does not apply to public or private religious or charitable endowments.' 14. It is thus well established that … 1971, and had it registered. 3. The assessee filed a return disclosing, inter alia, a sum of Rs. 22,104 as income from the property for the assessment year 1970-71. In so doing, he had not included the

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Jun 05 2012

K.Nallathambi. Vs. the State of Tamilnadu and ors.

Court : Chennai

Decided on : Jun-05-2012

Subject : Constitution

Acts : Registration Act - Section 22-A; Trusts Act, 1882 - Section 1, 34,; Constitution of India - Articles 226

it would still be a religious trust or endowment and certainly not a private trust to which the Trusts Act, 1882 would apply. Section 1 of the Trusts Act, 1882 itself provides that nothing contained therein applies to public … Prayer :Petition under Article 226 of the Constitution of India praying for a Writ of Certiorari calling for the records of the 2nd

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Feb 28 1979

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

Court : Andhra Pradesh

Decided on : Feb-28-1979

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'

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Nov 08 1990

Brijmohanlal Rathi Vs. Smt. Gita Devi Rathi and Others

Court : Kolkata

Decided on : Nov-08-1990

Subject : CivilCommercial

Acts : Code of Civil Procedure (CPC), 1908 - Order 7, Rule 11 - Order 20, Rule 12;; Limitation Act, 1963 - Sections 2 and 10;; Specific Relief Act, 1963 - Section 22;; West Bengal Court-fees Act, 1970;; Indian Trust Act, 1882 - Sections 82 and 88;; Benami Transactions (Prohibition) Act, 1988 - Section 4(1) and (3)

Reported in : AIR1992Cal67,96CWN591

property for the benefit of the person paying or providing the consideration.' .38. Section 82 of the Indian Trusts Act, 1882 gave statutory recognition to benami transaction. It has been repealed by the Benami Transactions (Prohibition) Act, 1988 (vide … allowed at the execution stage by inclusion of a prayer for possession. The Supreme Court held that under Section 22 of the Specific Relief Act such a prayer should be deemed to have been included. The question whether

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Feb 05 2005

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

Court : Mumbai

Decided on : Feb-05-2005

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. … as follows :'(6) It is crystal clear legal position that against the final orders in Change reports under Section 22 of the B.P.T. Act remedy is provided either to file appeal under Section 70 or to file revision

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Nov 26 1979

Jagatnarayansingh Swarupsingh Chithere and ors. Vs. Swarupsingh Educat ...

Court : Mumbai

Decided on : Nov-26-1979

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 6, 22, 70, 72, 72(1), 73 and 76; Bombay Public Trusts Rules - Rule 7; Code of Civil Procedure (CPC) , 1908 - Sections 96; Presidency Small Causes Courts Act, 1882; Provincial Small Causes Courts Act, 1887

Reported in : 1980MhLJ372

Education Society, by its President and Manager Smt. Meenabai Amarsingh Chithore, under section 72 of the Bombay Public Trusts Act raises inter alia, a question of some importance to all public trusts viz. :In inquiry under section 22 … Region in accordance with the procedure prescribed for the trail of suits under the Presidency Small Cause Courts Act, 1882 and else where under the Provincial Small Cause Courts Act, 1887.'8. Therefore, though prima facie it appears to

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May 05 2009

Hidayatkhan Bismillakhan Pathan Vs. Vaijnath and ors.

Court : Supreme Court of India

Decided on : May-05-2009

Subject : ElectionTrusts and Societies

Acts : Bombay Public Trust Act, 1950 - Sections 17, 22, 70, 70A, 71 and 72(4); Societies Registration Act, 1850; Small Causes Courts Act, 1882; Bombay Public Trusts Rules, 1951; Mineral Concession Rules, 1960 - Rules 54 and 55; Constitution of India - Articles 136 and 142

Reported in : AIR2009SC2426; 2009(4)BomCR27; (2009)3GLR2288(SC); JT2009(9)SC127; 2009(6)MhLJ1(SC); 2009(7)SCALE26(1); (2009)7SCC506; 2009(5)LC2303(SC):2009AIRSCW4537

an enquiry is required to be conducted in terms of the procedure prescribed under the Small Causes Courts Act, 1882. Other procedures laid down in the Bombay Public Trusts Rules, 1951 are also required to be followed.15. Section … Indisputably a trust should be administered strictly in accordance with law. A change report filed in terms of Section 22 of the Act must be considered on its own merit. Section 17 of the Act provides for maintenance

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Apr 09 1907

Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Decided on : Apr-09-1907

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 … may appear to favour the one or the other extreme.14. Thus, for instance, in Wedderburn v. Wedderburn (1856) 22 Beav. 84 it was said ' Executors cannot buy at any price the shares of their testator. Such

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Jun 21 2001

Mrs. Monalisa Rohinton Irani Vs. Naval H. Tata and ors.

Court : Mumbai

Decided on : Jun-21-2001

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 22, Rule 11(2)

Reported in : AIR2001Bom495; 2001(4)BomCR330; 2001(4)MhLj73

discharged. Trusts and Societies - validity of execution petition - Section 47 of Trusts Act, 1882 and Order 22 Rule 11 (2) of Code of Civil Procedure, 1908 - execution petition filed against petitioner - petitioner raised … to file execution proceedings. In support of this contention reliance is placed on Section 47 of the Indian Trusts Act, 1882.6. The consent terms clearly indicate that the trust had obtained a decree for ejectment against the original licensor.

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