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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 Where the owner of property transfers it to another for an illegal purpose and … is sought to be rescinded and such part is not several able from the rest of the contract. Section 28 lays down that equities should be done by the Court between the parties where a decree for specific

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. … from Hindu converts to Islam. In Campbell's Bombay Gazetteer, Vol. 9, Part 2, they are described at page 28 as 'the richest, best organised, and most widely spread class of Gujarat Mussalmans,' and at page 30, 'though

Vellore Electric Corporation Ltd. Vs. Commissioner of Income Tax, Madr ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Electricity (Supply) Act, 1948 - Sections 57; Income Tax Act, 1961 - Sections 28, 29 and 80I; Indian Trusts Act, 1882 - Sections 20

Reported in : [1997]227ITR557(SC); JT1997(6)SC413; 1997(4)SCALE627; (1997)6SCC705; [1997]Supp1SCR586

assessee was required to invest the sums appropriated in the 'Contingencies Reserve' in securities authorised under the Indian Trusts Act, 1882. In respect of the assessment years 1967-68 and 1968-69 the assessee claimed deduction of the sums of Rs. … been filed against the judgment of the Madras High Court dated November 28, 1978 in T.C. No. 116 of 1974 on the basis of certificate … T.C. No. 116 of 1974 on the basis of certificate of fitness granted by the High Court under Section 261 of the Income Tax Act, 1961 (hereinafter referred to as 'the Income Tax Act'). In these appeals

Official Trustee of Tamil Nadu Vs. Udavumkarankal and Others

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 2(2); Official Trustees Act, 1913 - Sections 15 and 28

Reported in : AIR1993SC1472; JT1993(1)SC592; 1993(1)SCALE566; 1993Supp(3)SCC509; [1993]1SCR380

the appellant himself pay for the excess expenditure involved in the proposal.16. Under Section 2(2) of the Indian Trusts Act, 1882, 'breach of trust' for which alone a trustee is liable is defined as 'a breach of any duty … any duty imposed on the trustee, as such, by any law for the time being in force'. Section 28(b) of the Official Trustees Act, 1913 states that28. General Powers of administration. - The Official Trustee may, in

Sir Dinshaw Manockji Petit and ors. Vs. Sir Jamsetji Jeejeebhoy and or ...

Court : Mumbai

Subject : Trusts and Societies

Reported in : 2Ind.Cas.701

apply to Charities in India are wholly different from those that apply to Charities in England. The Indian Trusts Act II of 1882 specifically exempts from its operation all 'public or private, religious or charitable endowments.' No such … very limited.10. These, shortly, are the contentions of the parties to this suit, which is a suit under Section 539 of the Civil Procedure Code, the Advocate-General's consent having been obtained previous to its being filed. After … the proceedings of the meeting of the whole punchayet held on the 28th of November, 1823. At this meeting, 4 of the members of the

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. Union of India (Uo ...

Court : Supreme Court of India

Subject : CommercialConstitution

Acts : Constitution of India - Articles 13, 14, 19, 19(1), 32, 38, 39, 46, 136, 226 and 285(1); Companies (Acceptance of Deposits) Rules, 1975 - Rules 2, 2-B, 3, 3-A, 3-A(1), 4, 5, 6 and 7; Companies Act, 1956 - Sections 3, 45(1), 58-A, 591 and 642; Companies (Amendment) Act, 1960; Companies (Amendment) Act, 1965; Companies (Amendment) Act, 1974; Reserve Bank of India Act, 1934 - Sections 45-J and 45-K; Rent Restriction Acts; Indian Trust Act, 1882 - Sections 20; Electricity (Supply) Act; Indian Trusts Act, 1882 - Sections 20; Joint Stock Companies Act, 1850; Joint Stock Companies (Amendment) Act, 1857; Indian Companies Act, 1913

Reported in : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438

(c) in unencumbered securities mentioned in Clauses (a) to (d) and (ee) of Section 20 of the Indian Trusts Act, 1882(2 of 1882).Provided that with relation to the deposits maturing during the year ending on the 31st day … of a Govt. company are exempt from levy of tax imposed by state or its delegate under Article 285(1). The contention raised in these two cases does not touch the question under examination. Thus apart from the

Prakash Chaturvedi and anr. Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Constitution

Acts : Rajasthan Private Universities Act, 2005; Rajasthan Act, 2005 - Sections 2, 4, 4(1), 4(2), 5, 5(2), 6, 6(1), 8, 13, 15, 19, 20, 28, 29, 30 31, 34 and 43; Chhatisgarh Act, 2002 - Sections 4(3), 4(4), 4(5) and 5(1); Chhatisgarh (Amendment) Act, 2004 - Sections 4, 5 and 24; University Grants Commission Act, 1956 - Sections 3, 22 and 24; Companies Act, 1956 - Sections 25; Rajasthan Societies Registration Act, 1958; Societies Registration Act, 1860; Rajasthan Public Trusts Act, 1959; Indian Trust Act, 1882; Technical Education Act, 1987; Indira Gandhi National Open University Act, 1985 - Sections 28; University Grants Commission Act, 1991; Amity University Act; GATS Rules; University Grants Commission (Returns of Information by Universities) Rules, 1979; Rajasthan U.I.T. (Disposal

Reported in : RLW2006(3)Raj2424; 2006(4)WLC515

25 of the Companies Act, 1956 (No. (ii) any Pubiic Trust registered under the1 o( 195(i): Rajasthan Public Trusts Act, 1959 (Act(c) 'Statute means a Statute of the Uni No. 42 of 1959) or the Indian Trus, Act,versity: … of the Uni No. 42 of 1959) or the Indian Trus, Act,versity: 1882 (Central Act No. 2 of 1882 or under(d) University means a University … intellectual Government;abilities; - (c)'DEC' means the Distance Education3. to establish state of the art facilities Council established under Section 28 offor education and training; the Indira Gandhi National Open Unive-4. to carry out teaching and research rsity Act,

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

Viswanath Sharma (Shri) Vs. State of Rajasthan and 3 ors.

Court : Rajasthan

Subject : Service

Acts : Rajasthan Non-Government Educational Institution Act, 1989 - Sections 2, 3, 3(1), 4, 5, 6, 6(7), 7, 9, 10, 14, 13, 15, 15(3), 15(4), 15(23), 15(4), 16, 16(1), 16(2), 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 27A, 28, 29, 29(1), 30, 31, 32, 33, 34, 35, 36, 40 and 43; Rajasthan Societies Registration Act, 1958; Rajasthan University Act, 1946 - Sections 4, 17, 20, 22, 27 and 29; Rajasthan Public Trusts Act, 1959; Indian Trusts Act, 1882; Rajasthan Land Revenue Act, 1956; Arbitration Act, 1940; Rajasthan Non-Government Educational Institution (Amendment) Act, 1992; Rajasthan Grant-in-Aid to Education and Cultural Institutions Rules, 1963 - Rules 3, 3(16), 4, 10, 13, 14 and 15; Rajasthan Non-Government Educational Institution Rules, 1993 - Rules 2, 9, 14, 15, 16, 27, 28, 29, 30, 32,

Reported in : RLW2006(1)Raj350

Societies Registration Act, 1958 or it is being run by a public trust registered under the Rajasthan Public Trusts Act, 1959 or by a trust created in accordance with the provisions of the Indian Trusts Act, 1882.79. Section … carries on business or personally works for gain and shall be executed as such by such Civil Court.107. Section 28 of the Act, 1989 lays down that every employee of a recognized institution shall be governed by the

Gyanambal Vs. Administrator-general of Madras

Court : Chennai

Subject : FamilyProperty

Acts : Administrator-General's Act, 1913 - Sections 28

Reported in : AIR1955Mad419

this Section 28 is analogous to Section 43 of the Trustees and Mortgagees Act and Section 34, Indian Trusts Act, 1882, and Section 302, Indian Succession Act and an Originating Summons of this Court, the case law thereunder indicating