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Kamarbai and ors. Vs. Badrinarayan and anr.
Mumbai
Jul-27-1976
Property
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
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 Section 27 of that Act, lays down that any person interested in a contract may sue to have it rescinded,
Tag this Judgment! AI Brief & AskHasanali Mahomedali Vs. Esmailji Sulemanji
Mumbai
Apr-09-1907
Trusts and Societies
(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
Tag this Judgment! AI Brief & AskMarina Appa Rao and ors. Vs. Marina Veeranna
Chennai
Nov-27-1951
ContractProperty
Transfer of Property Act, 1882 - Sections 40 and 54; Trusts Act, 1882 - Sections 91; Specific Relief Act, 1877 - Sections 27
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
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Vaishnav Shorilal Puri and Vishal Vaishnav Puri Vs. Kishor Kundan Sipp ...
Mumbai
Mar-31-2006
Company
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
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
Tag this Judgment! AI Brief & AskVazhakulangarayil Safiya Bi and anr. Vs. Ariyur Abdul Shukoor Sahib
Chennai
Mar-04-1965
PropertyContract
Indian Contract Act, 1872 - Sections 2; Transfer of Property Act, 1882 - Sections 54; Specific Relief Act, 1877 - Sections 27; Trusts Act, 1882 - Sections 91
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
Tag this Judgment! AI Brief & AskCommissioner of Wealth-tax Vs. Gangadhar Sikaria
Guwahati
Oct-01-1981
Direct Taxation
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
Tag this Judgment! AI Brief & AskChowgule Matrix Hobs Ltd., Patancheru Vs. Chowgule and Co. (Hind) Pvt. ...
Andhra Pradesh
Jul-24-2000
Company
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
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
Tag this Judgment! AI Brief & AskKodapalli Satyanarayana Vs. Kondapalli Mavullu and Others
Andhra Pradesh
Dec-13-1998
Property
Transfer of Property Act, 1882 - Sections 40 and 54; Indian Trust Act, 1882 - Sections 91; Specific Relief Act - Sections 27
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
Tag this Judgment! AI Brief & AskDeva Sharma Vs. Laxmi NaraIn Gaddodia and ors.
Punjab and Haryana
May-12-1955
Commercial
Partnership Act, 1932 - Sections 54; Contract Act, 1872 - Sections 27; Trusts Act, 1882 - Sections 88
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
Tag this Judgment! AI Brief & AskG.E. Peter Paul and Others Vs. T. Chandramouli and Others
Andhra Pradesh
Sep-28-1999
Property
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
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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