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Nov 29 1922

E.D. Sassoon and Co. Ltd. Vs. K.A. Patch

Court : Mumbai

Decided on : Nov-29-1922

Subject : Company

Reported in : (1943)45BOMLR46

to the plaintiffs.6. This severance of interest leads to the result enacted in Section 94 of the Indian Trusts Act, 1882, which is as follows :-In any case not coming within the scope of the preceding sections, where there … was suggested that a share could not be the) subject of a trust. That is. quite contrary to Section 33 of the Indian Companies Act, which when it forbids notice of a trust to be received on the

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Oct 17 2008

Foreshore Co-operative Housing Society Limited, a Co-operative Society ...

Court : Mumbai

Decided on : Oct-17-2008

Subject : PropertyCivil

Acts : Limitation Act, 1963 - Sections 3, 14, 27 and 58; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 32; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Sections 9, 9A, 115 - Order 2, Rule 2 - Order 7, Rules 6 and 11 - Order 14, Rule 2; Industrial Disputes Act, 1947; Indian Trusts Act, 1882; Maharashtra Rent Control Act, 1999 - Sections 33; Maharashtra Co-operative Societies Act, 1960 - Sections 164

Reported in : 2008(6)ALLMR600; 2009(1)BomCR757; (2008)110BOMLR3696; 2009(2)MhLj28

These judgments pertain to matters under tribunals, statutory authorities under the Industrial Disputes Act, 1947 and the Indian Trusts Act, 1882.v) In Smithkline Beechan's case, Mr. Doctor submitted that the question raised was as to whether a bar … the distinction between limitation and a complete bar to jurisdiction by citing the provisions in several statutes, including Section 33, Maharashtra Rent Control Act, 1999 and Section 164 of the Maharashtra Co-operative Societies Act, 1960.vii) The learned Senior

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Mar 16 1982

Vatsala S. Aney Vs. National Education Society

Court : Mumbai

Decided on : Mar-16-1982

Subject : Service

Reported in : (1982)84BOMLR569

that Act but not defined therein shall have the same meaning as assigned to them in the Indian Trusts Act, 1882. Section 3 of the Trusts Act, provides that a trust is an obligation annexed to the ownership of property … classifies them into minor and major penalties, reduction in rank and termination of service being major penalties. Rule 33 prescribes the procedure for inflicting major penalties. Sub-rule (1) thereof which alone is relevant for our purpose is

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Jul 12 1979

Radhas Printers Vs. Commissioner of Income-tax and ors.

Court : Kerala

Decided on : Jul-12-1979

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33(1), 34(3) and 155(5); Indian Trusts Act, 1882 - Sections 5 and 6; Transfer of Property Act, 1882

Reported in : [1981]132ITR300(Ker)

33 (1), 34 (3) and 155 (5) of Income Tax Act, 1961, Sections 5 and 6 of Indian Trusts Act, 1882 and Transfer of Property Act, 1882 - whether conclusion that transfer of assets and liabilities as a going … J. 1. For the assessment years 1966-67 to 1971-72, the petitioner-firm got the benefit of development rebate under Section 33(1) of the I.T. Act, 1961. On the ground that it transferred its assets and liabilities to one 'N.R.

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Mar 13 2007

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Decided on : Mar-13-2007

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

S.B. SINHA, J : Leave granted. INTRODUCTION : Interpretation of Section 34 of the Indian Trusts Act, 1882 (for short, 'the Act') is involved in this appeal which arises out of a judgment and order dated … (1969) 3 SCR 92 : AIR 1969 SC 823]. Therein, it was clearly held that in terms of Section 33 of the Act, the rate of interest cannot be directed to be altered, stating : "21. It was

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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

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 … in the interests of those concerned, his conduct and immunity might not have been open to question. ' 33. This passage is of importance as showing that even in dealings between an executor who has no connection

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Nov 08 2002

B. Ramachandra Adityan Vs. Educational Trustee Co. (P.) Ltd.

Court : Chennai

Decided on : Nov-08-2002

Subject : Company

Acts : Companies Act, 1956 - Sections 11, 11(1), 11(2), 12, 25, 33, 433 and 434(1); Indian Trusts Act, 1882 - Sections 32; Code of Civil Procedure (CPC) - Sections 92

Reported in : [2003]113CompCas334(Mad); [2003]41SCL385(Mad)

carrying on its object by acting as a trustee for the trust.31. Further, Section 32 of the Indian Trusts Act, 1882 also provides that the trustee is entitled to get reimbursement out of the trust property all expenses properly … and incorporation of a company is that the company must be formed with certain objects which are lawful. Section 33 deals with the registration of memorandum and articles of association. In my view, so long as a company

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Apr 12 2007

KamaruddIn Saheb Vs. K.T. Palaniappa Nadar and ors.

Court : Chennai

Decided on : Apr-12-2007

Subject : Property

Acts : Transfer of Property Act - Sections 33, 122 and 126; Trust Act, 1882 - Sections 3 and 77; Contract Act - Sections 61, 62 and 63

Reported in : (2007)3MLJ226

public purpose and inasmuch as the purpose has not been accomplished, under Section 77(c) of the Indian Trust Act, 1882, the trust stands extinguished. To support his contention he would also rely upon the judgement reported in AIR … stated above and also in case of rescission, a gift cannot be revoked. He would also rely upon Section 33 of the Transfer of Property Act, to contend that inasmuch as there is no time limit prescribed under … possidendi is lacking. According to him under Section 77(c) of the Indian Trust Act, the plaintiffs have a right to revoke trust as long as

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Nov 17 2005

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

Court : Rajasthan

Decided on : Nov-17-2005

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 … the management as an arrears of land revenue under the provisions of the Rajasthan Land Revenue Act, 1956.112. Section 33, 34 and 35 of the Act, 1989 are the provisions for penalties for transfer or closure of a

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May 30 2002

V.D. Vachhani (Huf) Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Decided on : May-30-2002

Subject : Land Acquisition

Reported in : (2003)86ITD652(Ahd.)

ostensible owner is not the real owner. This concept is directly contrary to Section 88 of the Indian Trust Act,1882 see 1994: 6 SCC 68. * It is not disputed that the Companies are genuine entities and … 374603 48828 599449 268719 3736301988-89 275205 194379 285349 403687 3182001989-90 392741 2522549 285125 434112 5359731990-91 694575 2343439 411425 334469 3718261991-92 1464677 2195751 1127731 864416 5948751992-93 2655111 6414199 2586072 3828112 35379351993-94 744397 2730902 1232088 1536562 8958611994-95 2160820 2038557

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