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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

The Mercantile Bank of India Limited Vs. Capt. Vincent L. D'silva

Court : Mumbai

Subject : Civil

Reported in : AIR1928Bom436; (1928)30BOMLR1225

acquiring the property in question has notice of the trust. That is borne out clearly by the Indian Trusts Act, 1882, Section 63 of which states :-Where trust-property comes into the hands of a third person inconsistently with the trust, … reference to forgery, which I have just alluded to, is now covered expressly by the Bills of Exchange Act, 1882 Section 24 provides that where a signature on a bill is forged, the forged signature is wholly inoperative, and no

Shiva Nath Prasad Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 190, 195 to 200, 202, 205, 476 and 482; ;Indian Penal Code (IPC), 1860 - Sections 24, 120B, 204, 406, 407, 415, 417, 420 and 511; ;Indian Trusts Act, 1882 - Sections 1, 11, 12, 13, 14, 15, 17, 18, 56, 77, 78 and 79; ;Evidence Act, 1872 - Sections 4, 32, 40 to 43, 91, 92, 92(1) and 111; ;Transfer of Property Act - Section 19; ;Code of Civil Procedure (CPC) - Section 92; ;Constitution of India - Article 226

Reported in : 2006(2)CHN88

meaning of Section 1 of the Indian Trusts Act and were clearly private trusts and provisions of Indian Trusts Act, 1882 are applicable.31. Mr. Shanti Bhusan submitted further that all the five trust deeds executed in 1988 had a … misappropriation or conversion to one's own use of the entrusted property. The expression dishonestly' has been defined in Section 24 of the IPC as whoever does anything with the intention of causing wrongful gain to one person or

Pravash Hazra Vs. Subrata Sen and ors.

Court : Kolkata

Subject : Trusts and Societies

Acts : Constitution of India - Article 227; ;Indian Trusts Act, 1882 - Sections 34 and 36; ;Charitable and Religious Trust Act, 1920 - Section 7

he has submitted that the impugned orders are not maintainable at all because Section 34 of the Indian Trusts Act, 1882 will not be applicable in the instant case because the intended sale does not come within the meaning … This application under Article 227 of the Constitution of India is directed against the order No. 11 dated 24.01.2006 and order No. 15 dated 04.03.2006 passed by the learned District Judge, South 24 Parganas in Misc. Case

Both of Bombay, Indian Inhabitants, Partners. Vs. the Trustees of F.E. ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trust Act, 1950 - Sections 36(1), (2), (3); Companies Act, 1956 ; Bombay Public Trusts Rules, 1951 - Rule 24; Transfer of Property Act, 1882 - Section 53A

order of the Charity Commissioner dated 27th April, 1994 passed under Section 36 (2) of the Bombay Public Trusts Act, 1950 (hereinafter "the Act"), by which the Charity Commissioner has revoked the sanction granted for sale of the … to be put in possession by virtue of the provisions of Section 53A of the Transfer of Property Act, 1882 as possession was taken from it by the Court Receiver. It is submitted that Krisha Developers was not … A Division Bench of this Court dismissed the said writ petition on 24th April, 1992, by holding that no interference is called for against the

P.N.George Wilson. Vs. the State Represented and ors.

Court : Chennai

Subject : Civil

Acts : Indian Stamp Act, 1899 - Section 2(24), 6, Article 64, 58; Indian Trust Act, 1882 - Section 5; Transfer of Property Act, 1882 - Section 8; Revenue Recovery Act - Section 58(a)(ii), 33A,

purpose of stamp duty, if it answers the definition of 'settlement' also. It is well settled that all trusts are not settlements, and all settlements are not trusts, but a deed of trust can also be a … also will not apply.7. The Learned Counsel for the Appellant refers to Section 5 of the Indian Trust Act, 1882 which reads as follows:- 5.Trust of immovable property:- No trust in relation to immovable property is valid unless declared

The Advocate-general of Bombay Vs. Yusuf Alli Ebrahim and ors.

Court : Mumbai

Subject : MRTP

Reported in : AIR1921Bom338; 84Ind.Cas.759

49 L.J. Ch. 415 Sir George Jessel said that the beneficiary was entitled to a charge. The Indian Trusts Act, 1882, Section 63, Illustration (b) is to the like effect. But in In re Hallett's Estate (1880) 13 Ch. D. … the Dawoodi Borahs.71. In Ibrahim Esmael v. Abdool Carrim Peermamode (1908) A.C. 526 : 99 L.T. 445 : 24 T.L.R. 790 the wakf properties were purchased 'for the whole Muhammadan congregation of the Island' of Mauritius. The

Commissioner of Gift Tax Vs. Nandkishore Sakarlal

Court : Gujarat

Subject : Direct Taxation

Acts : Indian Trusts Act - Sections 75 and 77; Gift-tax Act, 1958 - Sections 2, 6(2) and 23(11); Transfer of Property Act, 1882 - Sections 5, 122 and 126

Reported in : (2003)184CTR(Guj)27; [2003]264ITR453(Guj)

the trust property to the trustees. This is clear from the provisions of Section 6 of the Indian Trusts Act, 1882, which provides that a trust is created when the author of the trust indicates with reasonable certainty by

Dulal Chandra Chatterjee and ors. Vs. Moni Mohan Mukherjee and ors.

Court : Kolkata

Subject : Trusts and SocietiesFamily

Acts : Transfer of Property Act, 1882 - Sections 5, 6, 10, 122, 123, 126 and 197; ;Indian Stamp Act, 1899 - Section 2(24); ;Indian Trust Act, 1882 - Sections 3, 5 and 6; ;Partition Act; ;Religious and Charitable Endowment Act; ;Hindu Sucession Act, 1956; ;Income Tax Act, 1922 - Section 16(3)

Reported in : 2005(2)CHN563

Banerjee cannot be acceded to.7.6. A trust is an obligation as defined in Section 3 of the Indian Trusts Act, 1882 annexed to the ownership of the property arising out of a confidence reposed in and accepted by the

The Chief Controlling Revenue Authority, Madras Vs. P.A. Muthukumar

Court : Chennai

Subject : Trusts and Societies

Acts : Indian Stamp Act - Sections 2(24) - Schedule - Articles 55, 58 and 64; Indian Trusts Act, 1882 - Sections 3

Reported in : AIR1979Mad5

of the Act, for, they are not relevant for the purpose. According to Section 3 of the Indian Trusts Act, 1882, a 'trust' is an obligation annexed by the ownership of property, and arising out of a confidence reposed