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Vatsala S. Aney Vs. National Education Society

Court : Mumbai

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 … criminal trial, preventive detention or imprisonment. Rule 34 deals with the various aspects of subsistence allowance, while Rule 35 lays down the conditions of suspension. It is in the following terms:35. Conditions of suspension:(1) In cases where

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

Saiyad Mohammad Bakar El-edroos (Dead) by Lrs. Vs. Abdulhabib Hasan Ar ...

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 35, 36, 37, 39, 40, 41(A and B), 47A, 50, 50A, 69 and 72(1); Bombay Public Trusts Act, 1951 - Rule 7; Presidency Small Causes Courts Act, 1882 - Sections 6 and 9; Provincial Small Cause Courts Act, 1887; Legal Practitioners Act, 1879 - Sections 6 and 15

Reported in : 1998IIIAD(SC)257; AIR1998SC1624; 1998(4)ALLMR(SC)82; (1998)2GLR1781; JT1998(3)SC76; (1998)IIIMLJ141(SC); 1998(2)SCALE621; (1998)4SCC343; [1998]2SCR648

of officers are created as watch dogs for effective control and supervision of Public Trusts of all kind. Section 35 confers power on the Charity Commissioner in a given circumstance to issue general or special order to permit … Misra, J.1. The short question for consideration is, whether the proceedings under Section 50A of the Bombay Public Trusts Act, 1950 would abate for the non-substitution of one of the applicants since deceased, and whether the Charity Commissioner … have been otherwise. Submission is this, Rule 7 read with Section 6 of the Presidency Small Causes Courts Act, 1882 (hereinafter referred as '1882 Act') makes it obligatory on the Charity Commissioner to follow the procedure as prescribed

Controller of Estate Duty Vs. Veeran Wali

Court : Delhi

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 2(16), 5, 5(1), 6 to 15, 35 and 64(1); Indian Trusts Act, 1882 - Sections 82; Transfer of Property Act, 1882 - Sections 41; Constitution of India - Article 252

Reported in : 2001IIIAD(Delhi)283A; 91(2001)DLT213A

it were his own and the accountable person held it in trust under Section 82 of the Indian Trusts Act, 1882 (in short 'the Trusts Act'), for the benefit of the deceased. The benamidar subject to the equities flowing … on the death of such person, a duty called 'estate duty' at the rates fixed in accordance with Section 35. (2) The Central Government may, by notification in the Official Gazette, add the names of any other State

Jmc Educational Trust Vs. Customs, Excise and Service Tax Appellate Tr ...

Court : Chennai

Subject : Service TaxConstitution

Acts : Indian Trust Act, 1882; Finance Act, 1994 - Sections 35(F), 65(26), 75A, 77 and 78

Reported in : (2008)217CTR(Mad)263; 2008[10]STR436; (2008)14VST307(Mad)

ORDERS. Nagamuthu, J.1. The petitioner is a trust, registered under the Indian Trust Act, 1882, and is engaged in promoting education and conducting classes to the … ORDERS. Nagamuthu, J.1. The petitioner is a trust, registered under the Indian Trust Act, 1882, and is engaged in promoting education and conducting classes to the students under the Distance Education Programme of … rendered by the petitioner's trust does not fall within the scope of Section 65(26) of Chapter V of the Finance Act, 1994 and so the … as follows:12. As noted above there are two important expressions in Section 35(F). One is undue hardship. This is a matter within the special knowledge

Sailesh Developers, a Registered Partnership Firm and Mr. Ramesh Bhava ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 18, 31A, 32, 34, 35, 36, 36(1), 37, 38, 39, 41A to 41E, 50, 50A, 51, 59, 73 and 73A; Code of Civil Procedure (CPC) , 1908 - Sections 92; Bombay Public Trusts (Amendment) Act, 1960 - Sections 36; Maharashtra Public Trusts (Amendment) Act, 1971; Presidency Small Cause Courts Act, 1882; Provincial Small Cause Court Act, 1887; Uttar Pradesh Agricultural Income Tax Act, 1948 - Sections 11(1); Official Trustees Act, 1913 - Sections 25 and 26; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966; Bombay Public Trusts Rules, 1951 - Rules 2, 7, 7A and 24; O.S. High Court Rules - Rule 28; Constitution of India - Articles 26, 226 and 227

Reported in : 2007(4)ALLMR100; 2007(3)BomCR7

Division Benches of this Court as regards powers of Charity Commissioner under Section 36(1) of The Bombay Public Trusts Act, 1950 (hereinafter referred to as the said Act of 1950). Therefore, a direction was issued to place the … as far as possible, follow the procedure prescribed for trial of suits under the Presidency Small Cause Courts Act, 1882. The enquiry under Section 36 is a quasi judicial enquiry. (b) He submitted that by virtue of Clause … under the said Act of 1950 can be broadly divided into four categories:(i) Advisory (Section 56); (ii) Administrative (Section 35, 36, 50, 50-A and 51 of the Act; (iii) Supervisory (Sections 31A, 32, 34, 37 and 38 )

Commissioner of Income-tax Vs. Rajasthan State Co-operative Bank

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80P

Reported in : [1997]223ITR55(Raj)

Rajasthan or other securities specified in Clauses (a), (b), (c) and (d) of Section 20 of the Indian Trusts Act, 1882, and to act as agents for co-operative institutions for purchase and sale of such securities ;(i) to open … and in the circumstances of the case, the Tribunal was justified in holding that the income of Rs. 35,69,868 from investment of reserve funds is exempt under Section 80P of the Income-tax Act, 1961 ?(2) Whether, on

Commissioner of Income-tax, Gujarat Vs. Jayantilal Amratlal

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 16(1)

Reported in : [1965]55ITR214(Guj)

lying invested with them in such of the investments as are authorised by section 20 of the Indian Trusts Act (11 of 1882). Lastly, clause 21 provides that all questions arising in the management and administration of the … charities and temples to receive the benefit would be chosen by him, and (2) that the infringement of section 35(1) of the Bombay Trust Act, 1950, entailed a small penalty which was hardly deterrent. Finding that the assessment

Dalim Kumar SaIn and ors. Vs. Smt. Nandarani Dassi and anr.

Court : Kolkata

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2 - Order 14, Rule 3 - Order 18, Rule 15 - Order 49, Rule 3(4); ;Evidence Act, 1872 - Sections 3, 33, 35, 47, 60, 73, 77 and 115; ;Trust Act, 1882 - Sections 34, 36 and 78; ;Limitation Act, 1908 - Schedule - Articles 91 and 120

Reported in : AIR1970Cal292,73CWN877

is included the power to take necessary steps for keeping the property in repair. Section 36 of the Trusts Act, 2 of 1882, provides as much too:'In addition to the power expressly conferred .................. by the instrument of … Officer, Municipal Corporation, Chandernagore, -- is automatic evidence as a public document under the conjoint effect of Sections 35 and 77 of the Evidence Act (1 of 1872). More, it 'is evidence and conclusive evidence unless disproved':

Pranballav Saha and anr. Vs. Sm. Tulsibala Dassi and anr.

Court : Kolkata

Subject : Civil

Acts : Evidence Act, 1872 - Sections 5, 32, 32(4) and 114; ;Transfer of Property Act, 1882 - Section 6; ;Contract Act, 1872 - Sections 23 and 65; ;Specific Relief Act, 1877 - Sections 35, 38, 39, 40 and 41; ;Trusts Act, 1882 - Section 84; ;Constitution of India - Articles 23 and 35; ;Bengal Suppression of Immoral Traffice Act, 1933 - Section 4(1); ;Suppression of Immoral Traffic in Women and Girls Act, 1956

Reported in : AIR1958Cal713,63CWN258

may recover possession of the property transferred at least in the following cases.105. Section 84 of the Indian Trusts Act recognises three exceptions to the rule denying relief to a particeps criminis. Where the owner of property transfers … of the Transfer of Property Act at all. The decision in T. P. Petherpermal Chetty v. R. Muniandi, 35 Ind App 98 (PC) (N) is also cited on behalf of the respondent. That again is a fraudulent