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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 … decree for specific performance is to be set aside.94. In our opinion, the present suit is governed by Section 31 as the plaintiff seeks to set aside the registered sale-deed. That section again lays down that that any

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 … defendant No. 1 for scrutiny and approval. The letter mentioned that the conveyance was to be 'completed' before 31st March 1967. Under Ex.N dated 29-3-1967 Lalchand's Solicitors communicated their approval to the draft as altered by them.

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 … a suit being suit No. 40 of 1945 in the Court of Civil and Sessions Judge, Kanpur under Section 31 of the Specific Relief Act, 1877 for rectification of the Trust Deed so as to bring it in

C.Nagamanickaya Vs. K.Syamanthakamma

Court : Chennai

Subject : Civil

Acts : Specific Relief Act - Section 31; Limitation Act - Section 10; Indian Trust Act, 1882 - Section 83, 3,; Indian Contract Act, 1872 - Section 229

legal principles which covers all trusts, private and public and merely because they find a place in the Trusts Act, they cannot become 'untouchable' where public trusts are involved. Care must certainly be exercised not to import by … the definition of Trust. It is settled law that a cue can be had from the Indian Trust Act, 1882 for understanding the various terms as well as the salient features attached to a Trust.24. It is just … differentiate this vital difference and adjudged the lis, warranting interference in these appeals. (d) The plaintiffs as per Section 31 of the Specific Relief Act, had no locus standi at all to seek the Relief No.1 for getting

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, … endorsements that have taken place are not in the form of Schedule D, or to the like effect. 31. On the whole, then, particularly in the absence of any evidence by the bank as to the custom

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 … an outsider. Howghtons case proceeded upon the wording of an English enactment 56 & 57 Vict. c. 53, Section 31 of which empowers an executor to compromise, compound, abandon and settle debts, accounts claims & c. without being

A.S. Krishna Murthy S/O Late Srinivasan Vs. C.N. Revanna S/O C.R. Naga ...

Court : Karnataka

Subject : PropertyTrusts and Societies

Acts : Karnataka Rent Control Act, 1961 - Sections 21(1) and 31; Transfer of Property Act - Sections 106, 111 and 116; Indian Trust Act, 1882 - Sections 55, 56, 59 and 77; Code of Civil Procedure (CPC) - Sections 47 and 146 - Order 1, Rule 8 - Order 21, Rules 10 and 16 - Order 22, Rules 1, 2, 3, 4, 7, 8 and 10; Karnataka Schemes (Regulation) Rules, 1971 - Rule 6

Reported in : 2009(5)KarLJ454; 2009(4)AIRKarR486; AIR2009NOC2692(D.B)

Section 59 of the Trust Act in support of his submission. Under Section 59 of the Indian Trust Act, 1882 where no trustees are appointed or all the Trustees die, disclaim or are discharged, or where for any … suit schedule premises is a non-residential one fetching rent of more than Rs. 500/-. Therefore, the exemption under Section 31 of the Rent Control Act was applicable which ousted the jurisdiction under the Rent Control Act, 1961 in … in law.12. learned Senior Counsel also adverted to Section 59 of the Trust Act to contend that there was non-compliance of the said provision in

K. Manga Raju Vs. Venugopalaswamivaru and anr.

Court : Andhra Pradesh

Subject : CivilTrusts and Societies

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 99 - Order 1, Rules 3 and 9 - Order 2, Rules 2 and 3 - Order 6, Rule 2 - Order 31, Rule 2; Trusts Act, 1882 - Sections 15 and 23

Reported in : AIR1964AP412

Reddy invited my attention to a large number of decided cases and leading text-books on the law of trusts. The rule is well settled, and so far as the present case is concerned, we have the additional … liable for all acts of omission and commission. That is why Oder 31, Rule 2, C. P. C. enacts:'Where there are several trustees, executors or … of Trustees of the Devasthanam authorised the then managing trustee (the second defendant in this suit) to take action against the 1st defendant for realising the arrears of rent. Accordingly he instituted O. S. No. 51 of … I do not thick the learned counsel is right in that contention. Section 99, Civil P. C. clearly states :--'No decree shall be reversed or

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 … enable the management to pay salaries to the employees regularly and the management shall comply with such directions.110. Section 31 of the Act, 1989 prescribes the mode of payment of salaries of employees of a recognized institution by

Shri Mukund Bhavan Trust and Ors. versus Shrimant Chhatrapati Udayan R ...

Court : Supreme Court of India

Subject : Land Acquisition

Reported in : [2024]12S.C.R.1445

appellants u/Or.VII, r.1(d) of CPC allowed, plaint rejected. [Paras 14, 19.1, 20, 23, 24, 26] Transfer of Property Act, 1882 - s.3 - Interpretation clause - “a person is said to have notice” - Presumption u/s.3 - When … to the effect that the Respondent No. 1 is the owner of the suit properties. 19. As per Section 31 of the Specific Relief Act, 1963, a declaration to adjudge the documents as void or voidable must be … [2024] 12 S.C.R. 1445 : 2024 INSC 1025 Shri Mukund Bhavan Trust and Ors. v. Shrimant Chhatrapati Udayan Raje Pratapsinh Maharaj Bhonsle and Another