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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

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 … 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

Ramabai Govind Vs. Raghunath Vasudeo

Court : Mumbai

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 36, 37, 63, 64 and 66; Evidence Act, 1872 - Sections 101 and 103; Succession Act, 1925 - Sections 307; Code of Civil Procedure (CPC), 1908 - Sections 100 and 101; Limitation Act, 1908 - Schedule - Articles 120, 134 and 144; Transfer of Property Act - Sections 41 and 53

Reported in : AIR1952Bom106; (1951)53BOMLR883; ILR1952Bom226

any person claiming to be entitled to that property.; There is no express power conferred by the Indian Trusts Act, 1882, upon the trustee to sell the trust property.; It is the primary duty of a trustee to recover … really limited and, as a matter of fact, it is laid down in the further provision contained in Section 36, Trusts Act that'Except with the permission of a principal Civil Court of original jurisdiction, no trustee shall lease

Vijaya Ramraj Vs. Dr. Sir Vijaya Ananda

Court : Allahabad

Subject : FamilyProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 21 - Order 1, Rule 10; Madras Impartible Estates Act, 1904 - Sections 2(3); Trusts Act, 1882 - Sections 36 and 56; Madras Imparitible Estates (Amendment) Act, 1914 - Sections 4, 9, 10, 14 and 15; Hindu Law; Contract Act, 1872 - Sections 25 and 37; Madras Imparitible Estates (Amendment) Act, 1934

Reported in : AIR1952All568

he had attained majority though not attained the age of 21 by virtue of Section 36 of the Trusts Act, 1882. (iv) Agreement to pay - Sections 25 and 37 of Contract Act, 1872 - held, agreement to pay

Mahesh Centre and anr. Vs. People Charity Fund by Its Trustees

Court : Karnataka

Subject : PropertyContract

Acts : Indian Trust Act, 1882 - Sections 36; Partnership Act - Sections 69; Limitation Act, 1963 - Sections 21 and 21(1); Income Tax Act; Code of Civil Procedure (CPC) - Order 6, Rule 17; Limitation Act - Sections 22(1)

Reported in : 2007(4)KarLJ4344

greater hardship by grant of refusal of decree?v) Whether the defendant is liable to execute lease deed under Section 36 of the Indian Trust Act 1882?vi) Whether the plaintiffs are entitled for a decree for the specific performance?vii) … this appeal are referred to by their status before the Trial Court.3. First defendant is a public charitable trust. Defendants 2 to 4 are the Trustees. Defendants are the owners of schedule property. Plaintiffs are engaged in

Mahesh Centre Joint Family Firm Represented by Father/Manager D.L. Nan ...

Court : Karnataka

Subject : Property

Acts : Indian Trust Act, 1882 - Sections 36; Partnership Act - Sections 69; Limitation Act, 1963 - Sections 21 and 21(1); Income Tax Act; Code of Civil Procedure (CPC) - Rules 6 and 17

greater hardship by grant of refusal of decree?(v) Whether the defendant is liable to execute lease deed under Section 36 of the Indian Trust Act 1882?(vi) Whether the plaintiffs are entitled for a decree for the specific performance?(vii) … this appeal are referred to by their status before the Trial Court.3. First defendant is a public charitable trust. Defendants 2 to 4 are the Trustees. Defendants are the owners of schedule property. Plaintiffs are engaged in

R. Rajagopal Reddy (Dead) by L.Rs. and Others Vs. Padmini Chandrasekha ...

Court : Supreme Court of India

Subject : Commercial

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3(1 and 3) and 4(1 and2); Indian Trust Act, 1882 - Sections 7(1), 81, 82 and 94; Code of Civil Procedure (CPC) - Sections 36, 66 and 317; Transfer of Property Act, 1882; Indian Penal Code; Income Tax Act, 1961 - Sections 281A; Code of Criminal Procedure (CrPC) , 1973; General Clauses Act, 1897 - Sections 6

Reported in : AIR1996SC238; 1996(1)BLJR116; (1995)124CTR(SC)311; 1996(6)KarLJ531; 1995(0)MPLJ402; [1995]1SCR715

this Act, benami transactions were a recognised specie of legal transactions pertaining to immovable properties. Under the Indian Trusts Act, 1882 almost 113 years back the then legislature enacting the law laid down in Section 82 as under :-Transfer … relating to sales of land for arrears of revenue in the Lower Provinces under the Bengal Presidency), Section 36.9. Therefore, it was a legal right of the plaintiff to contend in those days that even though the

Milan Commercial Pvt. Ltd. Vs. Asian Healthcare Services Limited and o ...

Court : Mumbai

Subject : CivilCompany

Acts : Bombay Public Trusts Act, 1950 - Sections 36; Societies Registration Act, 1860; Indian Trust Act, 1882; Companies Act - Sections 209A and 234; Arbitration Act - Sections 8 and 11; Specific Relief Act; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 11, Rule 1 - Order 39, Rules 1 and 2 - Order 40, Rules 1 and 2; Joint Venture Agreement - Article 7.2

Reported in : 2010(112)BomLR218

company for offering the use of the land for hospital.8. On 6.09.2004, the Charity Commissioner granted permission under Section 36 of the Bombay Public Trusts Act, allowing defendant No. 2 to develop the Trust property in collaboration with … a hospital. Defendant No. 2/Konkan Unnati Mitra Mandal (KUMM) is a public charitable trust under the Bombay Public Trusts Act, 1950 and a society registered under the Societies Registration Act, 1860. Defendant No. 3/Shristi Infrastructure Development Corporation Ltd. … No. 1. Defendant No. 4/Opulent Venture Capital Trust (OVCT) is a venture capital trust under the Indian Trust Act, 1882, and holds 62,50,000 shares of Defendant No. 1. Defendant Nos. 5 to 8 are trustees of Defendant No.

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

Both of Bombay, Indian Inhabitants, Partners. Vs. the Trustees of F.E. ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trust Act, 1950 - Sections 36(1), (2), (3); Companies Act, 1956 ; Bombay Public Trusts Rules, 1951 - Rule 24; Transfer of Property Act, 1882 - Section 53A

order of the Charity Commissioner dated 27th April, 1994 passed under Section 36 (2) of the Bombay Public Trusts Act, 1950 (hereinafter "the Act"), by which the Charity Commissioner has revoked the sanction granted for sale of the … to be put in possession by virtue of the provisions of Section 53A of the Transfer of Property Act, 1882 as possession was taken from it by the Court Receiver. It is submitted that Krisha Developers was not

Prasanna Kumar and Another Vs. G.M. Siddeshwar and Others

Court : Karnataka

Subject : Election

which his resignation was accepted is at Ex.R23. 75. He submits that Section 71(c) of the Indian Trust Act, 1882 provides for the discharge of the trustee by such means as may be prescribed by the instrument of … The Principal, GMIT is only an employee of the respondent. The GMIT is being run by Srishyla Educational Trust of which the respondent is the Chairman. The Principal is thus an employee of the respondent. The Principal … of the scrutiny from 11.4.2009 to 13.4.2009 is in violation of Section 36(5) of the R.P. Act and paragraph 11 of Chapter VI dealing with