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Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1907)9BOMLR606

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 … breach of trust is defined in Section 3 as a breach of duty imposed by law. But under Section 30 he is not liable save as provided in Sub- Section 23 and 26, for moneys, etc. which he

Paramount Bio-tech Industries Ltd. Vs. Union of India (Uoi)

Court : Allahabad

Subject : Company

Acts : Securities and Exchange Board of India Act, 1992 - Sections 11A, 11AA, 11(2), 12, 12(1B), 12(2), 16, 16(1), 20, 24, 27 and 30 ; Securities and Exchange Board of India (Collective Investment Scheme) Regulations, 1999 - Regulations 5 and 12; Companies Act, 1956; Income-Tax Act, 1961; Indian Trusts Act, 1882; Securities Contracts (Regulation) Act, 1956 - Sections 2(h); Security Laws (Amendment) Act, 1999; Companies (Amendment) Act, 2000 - Sections 292A

Reported in : [2004]120CompCas18(All); (2004)2CompLJ446(All); [2004]49SCL77(All)

Act, 1956, the Companies Act, 1956, the Income-tax Act, 1961, the Indian Trust Act, 1882 and the Constitution of India.17. It is alleged in paragraph … also the Securities Contract (Regulations) Act, 1956, the Companies Act, 1956, the Income-tax Act, 1961, the Indian Trust Act, 1882 and the Constitution of India.17. It is alleged in paragraph 24 that the power to frame regulations contained … the Constitution of India.17. It is alleged in paragraph 24 that the power to frame regulations contained in Section 30 of the SEBI Act does not authorise SEBI to make regulations to regulate collective investment schemes, but confines

Commissioner of Income-tax Vs. V.S. Kumaraswamy Reddiar Trust

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 160, 161, 161(1) and 161(2)

Reported in : (1982)26CTR(Ker)443; [1982]138ITR808(Ker)

the creation of a trust by or onbehalf of minors, as contemplated by Section 7 of the Indian Trusts Act, 1882,had not been obtained. In so doing, the ITO principally relied on paras. 2and 17 of the trust deed. … business should be conducted in future. The result of such discussions is evidenced by the agreement dated March 30, 1972, which is annex. B to the reference. It recites an agreement for the transfer of the business

L. Gouthamchand and anr. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trust Act, 1882 - Sections 83

Reported in : (1989)75CTR(Mad)156; [1989]176ITR442(Mad)

corpus and the accretions and that the trusts would, therefore, fail and under section 83 of the Indian Trusts Act, 1882, there would be a resulting trust in favour of the author of the trust and his wife, in … made in the first trust deed that if Suresh did not get married before attaining the age of 30, or died without marrying, the corpus of the trust as well as the accretions should be conveyed to

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. … page 28 as 'the richest, best organised, and most widely spread class of Gujarat Mussalmans,' and at page 30, 'though fierce sectarians, keenly hating and hated by the regular Sunnis and other Mussalmans not of the Daudi

Chikodi Large Size Multi-purpose Co-operative Society Limited, Chikodi ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Karnataka Co-Operative Societies Act, 1959 - Sections 30-B, 57(2) and 58; Karnataka Co-Operative Societies Act, 1960 - Rule 23; Indian Trusts Act, 1882 - Sections 20

Reported in : ILR1997KAR3163

a Government Savings Bank; or (b) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882 (Central Act II of 1882); or (c) in the shares or securities of any other Co-operative Society; or … have filed their counter inter alia contending that the impugned order at Annexure-A has been passed under Section 30-B of the Act and it is in the public interest. Respondent 3 has filed a separate statement of

Sri Shyam Sunder Kayal Vs. Mist Valley Binimoy Pvt. Ltd.

Court : Kolkata

Subject : Family

Acts : Trust Act, 1882 - Sections 3, 14, 77 and 78; ;Hindu Succession Act, 1956 - Sections 14, 14(1), 14(2) and 30; ;Contract Act, 1872 - Section 229; ;Hindu Adoptions and Maintenance Act; ;Transfer of Property Act - Section 39; ;West Bengal Estates Acquisition Act; ;Specific Relief Act, 1963 - Section 6; ;Code of Civil Procedure (CPC) - Section 151 - Order 39, Rule l; ;Constitution of India - Articles 136 and 227; ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Section 86

Reported in : (2007)3CALLT560(HC),2008(1)CHN900

the suit itself and as such the present revisional application should be dismissed.20. Section 3 of the Indian Trusts Act, 1882 is quoted below:3. Interpretation-clause.-'trust'.-A 'trust' is an obligation annexed to the ownership of property, and arising out of … including the right to devise or bequeath the property. He could thus dispose it of by a testament. Section 30 of the Act, not only does not curtail or affect this right, it actually reaffirms that right. Thus,

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 … by the rules made under this Act or by any other law for the time being in force.109. Section 30 of the Act, 1989 authorizes the District Education Officer or any other officer of the Education Department not

R.G. Lakhmidas and Co. Vs. Sir Dorab Tata

Court : Mumbai

Subject : PropertyContract

Reported in : AIR1927Bom195; (1927)29BOMLR19; 101Ind.Cas.229

by the surviving trustees or trustee. In support of these propositions Sections 76 and 44 of the Indian Trusts Act, 1882, and Lane v. Debenham (1853) 11 Hare 188 and Warburton v. Sandys (1845) 14 Sim. 622 were cited … may in certain events be carried out by the surviving trustees or trustee. In support of these propositions Sections 76 and 44 of the Indian Trusts Act, 1882, and Lane v. Debenham (1853) 11 Hare 188 and … the defendants kept the contract alive by the correspondence subsequent to October 30, 1924 ?5. Whether the defendants are entitled to a refund of Re.

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 … 28 shall be computed in accordance with the provisions contained in Sections 30 to 43D of the Act. Therefore, in case of an assessee carrying … 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