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Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 105; Trusts Act, 1882 - Sections 3 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rules 9, 10 and 13 - Order 31, Rule 1; Specific Relief Act, 1963 - Sections 9, 20, 20(2) and 26; Evidence Act, 1872 - Sections 115; Contract Act, 1872 - Sections 2; Limitation Act, 1963 - Sections 3(2) - Schedule - Article 113

Reported in : 1993(2)BomCR329

that the title to the property Maneckabad vests in the trustees consequent to the provisions of the Indian Trusts Act, 1882(I.T.A.). Section 3 of the I.T.A. which is an interpretation clause defines a 'beneficiary' as the person for … purchasers are said to have paid to the vendor a sum of Rs. 5,000 as earnest money on 26th October 1950. Ex.B goes on to recite that for the consideration of Rs. 58,195/- the vendor has agreed

Rev. Fr. Farcisus Mascarenhas Vs. the State of Bombay

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1960)62BOMLR790

the Act, the words and expressions used but not defined in this Act, and defined in the Indian Trusts Act, 1882, shall have the meanings assigned to them in that Act. Now, Section 3 of the Indian Trusts Act … matter it would be ultra vires as being in conflict with the provisions of Articles 19, 25 and 26 of the Constitution.5. The first question to be considered is whether a church constitutes a trust. Now, the

Commissioner of Income-tax, Kanpur Vs. Kamla Town Trust

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Specific Relief Act, 1963 - Sections 26 and 31; Income-tax Act, 1922 - Sections 4(3) and 34; Income-tax Act, 1961 - Sections 2(15), 11, 148 and 256(1); Specific Relief Act, 1877 - Sections 31; Industrial Disputes Act, 1947; Trust Act, 1882 - Sections 34; Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913 ;Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913

Reported in : AIR1996SC620; (1996)130CTR(SC)112; [1996]217ITR699(SC); JT1995(8)SC364; 1995(6)SCALE517; (1996)7SCC349; [1995]Supp5SCR300

Money Trust had applied to the Chief Judge, City Civil Court, Hyderabad, under Section 34 of the Indian Trusts Act, 1882 seeking his opinion, advice and directions with respect to the utilisation of the income of the trust found … the powers of the Civil Court.(2) The condition precedent for invoking the jurisdiction of the Civil Court under Section 26 of the Specific Relief Act of 1963 or under Section 31 of the earlier Act that there should

Committee of Management of Pachaiyappa's Trust Vs. Official Trustee of ...

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Official Trustees Act, 1913 - Sections 7, 9, 25 and 26; Trusts Act, 1882 - Sections 15 and 36;

Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710

orders of the Court as any other trustee acting in the same capacity. According to the Indian Trust Act, 1882 a trustee is bound to deal with the trust property as carefully as a man of ordinary prudence … it thinks fit respecting any trust property vested in the Official Trustee, or the income or produce thereof.18. Section 26 of the said Act prescribes that any order under the Act may be made on the application of … long term lease in respect of immovable property vested in the Official Trustee as executor and trustee raise questions relating to the exercise of the

Namdev Shripati Nale Vs. Bapu Ganapati Jagtap and anr.

Court : Supreme Court of India

Subject : Property

Acts : Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950 - Sections 2, 3 and 4; Trusts Act, 1882 - Sections 90; Transfer of Property Act - Sections 65 and 76

Reported in : JT1997(3)SC562; (1998)IMLJ8(SC); 1997(2)SCALE741; (1997)5SCC185; [1997]2SCR980

appellant has lost his right to redeem the property. The plea that the first respondent was only a trustee and Section 90 of the Indian Trust Act, 1882 was attracted, was repelled. In appeal the District Judge … property. The plea that the first respondent was only a trustee and Section 90 of the Indian Trust Act, 1882 was attracted, was repelled. In appeal the District Judge held that the first respondent-mortgage failed to remit the … resumed by the Government and was regranted to the first respondent (Ext. 26). So, the appellant has not subsisting right to redeem. The first respondent

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, … viz., the old one No. 126 dated July 29, 1909, and the new one No. 308 dated May 26, 1920. Further, the old debenture like those in Appeal No. 32, was renewed by the Alliance Bank. The

Abdul Razack and ors. Vs. Mahammad Rahamatullah and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Trusts Act, 1882 - Sections 88

Reported in : AIR1964AP522

the plaintiffs in relation to that property just as the first defendant is. Section 88 of the Indian Trusts Act, 1882, based on the well-recognised principles of English law, is as follows :'Where a trustee, executor, partner, agent, director … have purchased, three other buses, which were M.D.D. Nos. 279, 460 and 278 with a seating capacity of 26, 38 and 25 respectively, that these buses have been substituted by the respondents in the place of the

Vasantkumar Radhakisan Vora Vs. the Board of Trustees of the Port of B ...

Court : Supreme Court of India

Subject : Property

Acts : Bombay Presedency Small Cause Courts Act, 1882 - Sections 41, 42(A) 43, 45 to 47 and 49; Provincial Small Cause Courts Act, 1887 - Sections 41; Transfer of Property Act, 1882 - Sections 2, 5, 57, 106, 109 and 111; Major Port Trust Act, 1963 - Sections 29(1) and 133(2A); General Clauses Act, 1897 - Sections 6 and 17; Bombay Port Trust Act, 1879 - Sections 87; Constitution of India - Articles 14, 15(4), 16(4), 136, 226 and 227; Bombay Tenancy Act, 1939; Agricultural Holdings Act, 1948 - Sections 2(1) and 23(1); Calcutta Port Act - Sections 142; Defence (General) Regulations, 1939 - Regulation 55; Maharashtra Presedency Small Cause Courts (Amendment) Act, 1976; Maharashtra Presedency Small Cause Courts (Amendment) Act, 1963 - Sections 2, 3 and 4

Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825

in the circumstances without costs. Property - estoppel - Sections 106, 109 and 111 of Transfer of Property Act, 1882, Section 26 of Bombay Port Trust Act, 1879 and Section 133 of Major Port Trust Act, 1963 - respondent statutory … pursuant to quit notice stood transferred to the respondent.Sub-section 2(A) of Section 133 'Repeal' of the Major Port Trusts Act, 1963 states that on the application of the Central Act to the Port of Bombay, except the provisions

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Official Trustees Act, 1913 - Sections 10, 13, 22, 25 and 26; Indian Succession Act, 1925 - Sections 302; Companies Act, 1913; Official Trustee (Amendment) Act, 1925; Registration Act; Indian Trusts Act, 1882 - Sections 3; Succession and Probate Duties Act, 1892 - Sections 4; Succession and Probate Duties (Amendment) Act, 1955; Trustee Act, 1850 - Sections 37, 356, 426; City Civil Courts Act; Transfer of Property Act - Sections 53A; Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Article 136

Reported in : 2006(14)SCALE285

a 'beneficiary', (Ranjit Singh v. Jaganath Prosad 12 Cal 375. But See 16 CWN 798' 'Beneficiary', defined, Indian Trusts Act (2 of 1882), Section 3 as 'the person for whose benefit the confidence of the author of the … before the Calcutta High Court by the said Company under Section 302 of the Succession Act read with Section 26 of the 1913 Act. The said application was entertained. The Official Trustee filed an affidavit in opposition wherein,

M/S. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu

Court : Chennai

Subject : Education

Counsel has relied on the meaning of the term "Trust" as defined in Section 3 of the Indian Trusts Act, 1882, which reads as follows: "Section 3. A ‘trust’ is an obligation annexed to the ownership of property, and … Section 3(42) of the General Clauses Act. 24. Now turning to the provisions of the Negotiable Instruments Act, Section 26 deals with capacity to make, etc. Promissory notes, etc. which reads as follows: "26.) Capacity to make, etc.