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Jul 27 1976

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Decided on : Jul-27-1976

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 … this country now by the provisions of the Chapters IV to VI of the Specific Relief Act, 1963.93. Section 27 of that Act, lays down that any person interested in a contract may sue to have it rescinded,

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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

debt and had given or would give full value for it and I see no reason why under Section 27 of the Indian Trusts Act 1882 the second defendant, who is less guilty than his co-executor, should not … 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

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Nov 27 1951

Marina Appa Rao and ors. Vs. Marina Veeranna

Court : Chennai

Decided on : Nov-27-1951

Subject : ContractProperty

Acts : Transfer of Property Act, 1882 - Sections 40 and 54; Trusts Act, 1882 - Sections 91; Specific Relief Act, 1877 - Sections 27

Reported in : AIR1953Mad409; (1952)2MLJ166

prior agreement of sale - Sections 40 and 54 of Transfer of Property Act, 1882, Section 91 of Trusts Act, 1882 and Section 27 of Specific Relief Act, 1877 - whether sale deed executed by original owner in favour

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Mar 31 2006

Vaishnav Shorilal Puri and Vishal Vaishnav Puri Vs. Kishor Kundan Sipp ...

Court : Mumbai

Decided on : Mar-31-2006

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 81, 397, 398, 399, 399(1), 402, 403, 406, 433 and 492; Trust Act, 1882 - Sections 88 and 90; Partnership Act - Sections 54; Companies (Amendment) Act, 1913 - Sections 153C; Contract Act - Sections 27; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2

Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)

and seeking a direction to make good the advantage gained as provided under Section 88 of the Indian Trusts Act, 1882. The defence of Puri Group was that there were other prior disputes on financial aspects between Puris and … the agreement was enforceable whereas Kapur J. had held that it was not. Falshaw J. then referred to Section 27 of the Contract Act which provides that an agreement in restraint of trade is void. He however noted

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Mar 04 1965

Vazhakulangarayil Safiya Bi and anr. Vs. Ariyur Abdul Shukoor Sahib

Court : Chennai

Decided on : Mar-04-1965

Subject : PropertyContract

Acts : Indian Contract Act, 1872 - Sections 2; Transfer of Property Act, 1882 - Sections 54; Specific Relief Act, 1877 - Sections 27; Trusts Act, 1882 - Sections 91

Reported in : AIR1967Mad375

be bound under Sec. 27(b) of the Specific Relief Act, or the principle of S. 91 of the Trusts Act. This is all the more so, where as in this case the transfer of property to the third … owner in equity of the estate. has no application to any area governed by the Transfer of Property Act, 1882. We are here noting the argument in the form presented; we shall refer to the case law a … AIR 1938 P C. 245. It is clear that the language of Section 2(d) of the Indian Contract Act differs from the English law which

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Oct 01 1981

Commissioner of Wealth-tax Vs. Gangadhar Sikaria

Court : Guwahati

Decided on : Oct-01-1981

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 27, 27(1) and 27(3); Indian Trusts Act, 1882; Income Tax Act - Sections 256(1)

created under the said deed is valid and not inconsistent with any of the provisions of the Indian Trusts Act, 1882 (ii) If the answer to question No. (i) above is in the negative, whether the value of the … Lahiri, J. 1. We propose to dispose of these applications under Section 27(3) of the W.T. Act, 1957, by a common order, with the concurrence of the learned counsel for the

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Jul 24 2000

Chowgule Matrix Hobs Ltd., Patancheru Vs. Chowgule and Co. (Hind) Pvt. ...

Court : Andhra Pradesh

Decided on : Jul-24-2000

Subject : Company

Acts : Companies Act, 1956 - Sections 82, 108, 113 and 206-A; Constitution of India - Article 54; Securities Contracts (Regulation) Act, 1956 - Sections 27; Trusts Acts, 1882 - Sections 94

Reported in : 2000(5)ALD332; 2000(5)ALT776; [2003]115CompCas222(AP)

shares for she benefit of the transferee to the extent necessary to satisfy the demands of Section 94, Trusts Acts, 1882. As the transferee holds the whole beneficial interest and transferor has none, the transferor must comply … until the name of the transferee shall have been entered in the register of members in respect thereof. Section 27 of the Securities Contracts (Regulation) Act, 1956 says that it is the holder of any security whose name

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Dec 13 1998

Kodapalli Satyanarayana Vs. Kondapalli Mavullu and Others

Court : Andhra Pradesh

Decided on : Dec-13-1998

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 40 and 54; Indian Trust Act, 1882 - Sections 91; Specific Relief Act - Sections 27

Reported in : 1999(2)ALD175; 1999(2)ALT79

under Sections 40 and 54 of the Transfer of Property Act as also Section 91 of the Indian Trusts Act, 1882. Section 40 of the Transfer of Property Act reads:'Burden of obligation imposing restriction on use of land -- Where, … recites in him to the prior transferee(agreement holder). Section 40 of the Transfer of Property Act as also Section 27 of the Specific Relief Act were considered for arriving at the above proposition. The said legal principle enunciated

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May 12 1955

Deva Sharma Vs. Laxmi NaraIn Gaddodia and ors.

Court : Punjab and Haryana

Decided on : May-12-1955

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 54; Contract Act, 1872 - Sections 27; Trusts Act, 1882 - Sections 88

Reported in : AIR1956P& H49

the third question: 'Is the plaintiff entitled to the relief in respect of accounts?' Although Section 88, Indian Trusts Act was not specifically pleaded by the plaintiff, it is clear that it was this provision of law on … was of the opinion that it was not. 22. The statute law on the point is contained in Section 27, Contract Act and Section 54, Partnership Act. Section 27 reads: 'Every agreement by which any one is restrain-ed

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Sep 28 1999

G.E. Peter Paul and Others Vs. T. Chandramouli and Others

Court : Andhra Pradesh

Decided on : Sep-28-1999

Subject : Property

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3(1), 81, 82 and 84; Code of Civil Procedure (CPC), 1908 - Order 41, Rule 27; Indian Trusts Act, 1882 - Sections 82

Reported in : 1999(6)ALD207

latter case. The principle underlying the former case is also statutorily recognised in Section 82 of the Indian Trusts Act, 1882.'Now in the instant case we are concerned with the former category. As can be seen from the … in Civil Miscellaneous Petition No.17260 of 1999 in this Appeal. Since all the three ingredients enjoined under Rule 27 of Order 41 of the Civil Procedure Code are satisfied the same can now be received and I

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