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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 … defendants agreed to obtain permission from the Urban Land Ceiling Authority and from the Income-tax Authority under Section 230-A of the Income-tax Act, 1961. Contending that the defendants failed to execute the sale deed in terms of

U.P. Oil Mills Agency, Kanpur Vs. Saraswati Soap and Oil Mills Ltd.

Court : Allahabad

Subject : Company

Acts : Company Act, 1913 - Sections 229 and 230; Trusts Act, 1882 - Sections 23; Provincial Insolvency Act, 1920 - Sections 28 and 48

Reported in : AIR1954All129; [1954]24CompCas450(All)

payment of interest. Reference was made by the learned counsel for the claimant to Section 23 of the Trusts Act. But this section instead of helping him goes against his claim. It is provided in this section that … costs. Company - applicability - Sections 229 and 230 of Companies Act, 1913 and Section 23 of Trust Act, 1882 - sum constituted a trust money in the company's hands - official liquidators had not received any interest

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law

Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115

declaration. The Court must also bear in mind the principle laid down in Section 84 of the Indian Trusts Act, 1882, which runs as follows:--'84. Where the owner of property transfers it to another for an illegal purpose and … to by him or to the law regarding the effect of immorality vitiating the agreements and transactions under Section 23 of the Indian Contract Act, read with Section 6. Clause (h) of the Transfer of Property Act.65. He

Appana Radha Sri Krishna Rao Vs. V.K.M. Kodandarama Chetti

Court : Andhra Pradesh

Subject : ContractProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 8; Indian Contract Act, 1872 - Sections 23 and 65; Trusts Act, 1882- Sections 84

Reported in : AIR1960AP190

these three heads; -- firstly, under Section 65 of the Contract Act; secondly, under Section 84 of the Trusts Act; and thirdly upon the equitable doctrine that a person who is less guilty of two parties to an … Contract Act, 1872, Order 6 Rule 8 of Code of Civil Procedure, 1908 and Section 84 of Trust Act, 1882 - plaintiff commission agent of defendant purchased certain goods on behalf of defendant - plaintiff claiming certain amounts … raised based upon this notification, it was contended for the defendants that the suit contracts were void under Section 23 of the Contract Act as being contracts the object of which was unlawful and the plaintiff could not

Vithal Das Vs. Rupchand and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 23, 90 and 95; Interest Act, 1839 - Sections 1

Reported in : AIR1967SC188; 1966MhLJ1129(SC); [1966]SuppSCR164

indicated in this judgment. 15. Appeals allowed in part. Trusts and Societies - interest - Section 90 of Trusts Act, 1882 - suit filed by respondents regarding ownership of properties decided in their favour - appellant directed to restore … permission of the Court, buy or become lessee or mortgagee of the property or any part thereof.' 8. Section 23 reads as follows : 'Where the trustee commits a breach of trust, he is liable to make good

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 … with the formalities, in or about July, 2005 MPS was merged with VIL and the defendant was issued 23,97,863 shares of VIL against the aforesaid 31,97,150 shares of MPS which were in his name, though under the

Rattan Chand Hira Chand Vs. Askar Nawaz Jung (Dead) by Lrs and ors.

Court : Supreme Court of India

Subject : PropertyContract

Acts : Trusts Act, 1882 - Sections 84; Contract Act, 1872 - Sections 23, 65, 69, 70 and 73

Reported in : JT1991(1)SC433; (1991)2MLJ14(SC); 1991(I)OLR(SC)504; 1991(1)SCALE200; (1991)3SCC67; [1991]1SCR327; 1991(2)LC36(SC); MANU/SC/0587/1991

had broken his contract. Shri Shah also referred us to the provisions of Section 84 of the Indian Trusts Act, 1882 which reads as follows: "84. Where the owner of property transfers it to another for an illegal purpose … provisions of Sections 23, 65, 69, 70 and Part (ii) of Section 73 of the Indian Contract Act. Section 23 states that the consideration or object of an agreement is lawful, unless it is forbidden by law; or

Crown Re-rollers Pvt. Ltd. Vs. the Orissa State Financial Corporation ...

Court : Orissa

Subject : Civil

Acts : State Financial Corporations Act, 1951 - Sections 29, 29(1) and 29(4); Transfer of Property Act, 1882 - Sections 54, 55(4), 57, 69, 69(4), 69A, 69A(1) and 69A(3); Indian Contract Act, 1872 - Sections 172 to 177; Indian Trust Act, 1982 - Sections 11, 17 and 23

Reported in : AIR2005Ori92

sale proceeds from the opposite party No. 4. He submitted that Section 69(4) of the Transfer of Property Act, 1882 is similar to Section 29 of the Act and provides Chat the money which is received by the … 1982 and in particular, to the provisions of Section 11, 17 and 23 and argued that a trustee committing a breach of trust is liable … and provides Chat the money which is received by the mortgagee is to be held by him in trust to be applied by him first, in payment of all costs, charges and expenses properly incurred by him

Ansal Properties and Industries Pvt. Ltd. Vs. Anand Nath and ors.

Court : Delhi

Subject : ContractProperty

Acts : Specific Relief Act, 1963 - Sections 10; Code of Civil Procedure (CPC), 1908 - Order 29; Transfer of Property Act, 1882 - Sections 118; Trust Act, 1882 - Sections 91; Indian Contract Act, 1872 - Sections 23; Delhi Rent Control Act, 1958 - Sections 5; Income tax Act, 1961 - Sections 269UC; Hindu Minority and Guardianship Act, 1956 - Sections 4

Reported in : ILR1992Delhi540

not just peripheral.'(36) The matter may be looked at from the angle of Section 91 of the Indian Trusts Act also which provides that where a person acquires property with notice that another person has entered into an … Section 269Uc of the Income Tax Act. This section is as follows:NOTWITHSTANDINGanything contained in the Transfer of Property Act, 1882 (4 of 1882), or in any other law for the time being in force, no transfer of any … the said house was given by Dr. Raghunath to the plaintiff on 23-3-1971. Dr. Raghunath is also alleged to have given vacant physical possession of

Seth Srenikbhai Kasturbhai and ors. Etc. Vs. Seth Chandulal Kasturchan ...

Court : Patna

Subject : Civil

Acts : Trusts Act, 1882 - Sections 48; Code of Civil Procedure (CPC) , 1908 - Sections 11, 105 and 115 - Order 1, Rules 8 and 9 - Order 3, Rule 1 - Order 6, Rules 15 and 17 - Order 7, Rule 11 - Order 27, Rule 1; Specific Relief Act, 1963 - Sections 34; Bihar Land Reforms Act, 1950 - Sections 2 and 3(1); Constitution of India - Articles 14, 25, 26, 27, 31A and 226; Validation Act, 1969; Places of Worship (Special Provisions) Act, 1991 - Sections 3; Contract Act, 1872 - Sections 20, 22 and 23; Bihar Land Reforms (Amendment) Act, 1954 - Sections 4, 13 and 14(3); Forest Act - Sections 29

of Bihar, by virtue of Notification under the Bihar Land Reforms Act, but the trustees of the above trusts are in possession, management and control of half a mile area around the top of the hill, by … 27 of the Constitution of India; (v) That it is violalive of Public Policy and hence hit by Section 23 of the Contract Act. 168. The State of Bihar has also challenged the validity of the agreement on … Civil Procedure Code 1908 - Order I, Rules 8 and 13--Trusts Act, 1882--Sections 48 and 38--Suit by Managing Trustees--Filed in representative capacity--Non-joinder of other trustees