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Can Bank Mutual Fund Vs. Nuclear Power Corporation of India

Court : Delhi

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 37, Rule 2 - Order 1, Rule 10

Reported in : I(2008)BC330; 2007(98)DRJ464

Sanjay Kishan Kaul, J.1. The plaintiff is a trust constituted under the Indian Trusts Act, 1882 (hereinafter referred to as the 'Trusts Act') with the primary object of conducting the business of mutual fund … proportionate costs.68. Decree sheet be drawn up accordingly. Civil Procedure Code, 1908Order 37 Rule 2 - Trusts Act, 1882--Section 47--Holders of redeemable bonds--Defendant company withholding … mentioned in the plaint.21. Learned Counsel submitted that a trust can file a litigation within the meaning of Section 47 of the Trusts Act. The said provision is as under:47. Trustee cannot delegate - A trustee cannot

Hargovindbhai Dahyabhai Patel Vs. Prabhudas Raichand Sanghani

Court : Gujarat

Subject : Civil

Acts : Constitution of India; Bombay Public Trusts Act, 1950 - Sections 37(2), 50, 51 and 51(1); Indian Trusts Act, 1882; Public Trusts Act - Sections 2(2)

Reported in : (2000)2GLR51

the words, 'breach of trust' are nowhere defined in the Act but under sub-section (3) of the Indian Trusts Act, 1882, the same have been defined and according to Section 2(2) of the Public Trusts Act, the words and … 26th February 1997. Aggrieved from this order dated 26th February 1997, the petitioners preferred an appeal under Sec. 37(2) of the Bombay Public Trusts Act before the Gujarat Revenue Tribunal, at Ahmedabad and the same was rejected

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

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 … in a manner as prescribed by the Charity Commissioner under Section 36B, power of inspection and supervision under Section 37. Under Section 39 a report is to be submitted to him regarding findings on the question whether or

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

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Subject : FamilyProperty

Acts : Official Trustees Act, 1913 - Sections 10, 13, 22, 25 and 26; Indian Succession Act, 1925 - Sections 302; Companies Act, 1913; Official Trustee (Amendment) Act, 1925; Registration Act; Indian Trusts Act, 1882 - Sections 3; Succession and Probate Duties Act, 1892 - Sections 4; Succession and Probate Duties (Amendment) Act, 1955; Trustee Act, 1850 - Sections 37, 356, 426; City Civil Courts Act; Transfer of Property Act - Sections 53A; Code of Civil Procedure (CPC) - Sections 11; Constitution of India - Article 136

Reported in : 2006(14)SCALE285

a 'beneficiary', (Ranjit Singh v. Jaganath Prosad 12 Cal 375. But See 16 CWN 798' 'Beneficiary', defined, Indian Trusts Act (2 of 1882), Section 3 as 'the person for whose benefit the confidence of the author of the … (Re Sheppard, 4 D.G.F. & J. 423) is a person 'beneficially interested' within Trustee Act 1850 (c. 60), Section 37; and so is a creditor who has obtained a decree for administration and sale of real estate (Re

A. Rangaswami Pillai Vs. A. Subramania Pillai and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Evidence Act, 1872 - Sections 32(7) and 114; Trusts Act, 1882 - Sections 82; Succession Act, 1925 - Sections 63

Reported in : AIR1975Mad141

second wives. 4. It is next contended by the learned counsel, relying on Section 82 of the Indian Trusts Act, 1882, that Arthanatha intended to provide the consideration for the benefit of his wife and that therefore the property … been adopted, but Section 82, Trust Act as well as the observations of the Judicial Committee in ILR 37 All 557 : AIR 1915 PC 96 (Mt. Bilas Kunwar v. Desrai Ranjit Singh) at p. 564 (of

State Vs. Man Singh and ors.

Court : Delhi

Subject : Property

Acts : Indian Trusts Act, 1882 - Sections 34 and 37; Charitable and Religious Trusts Act, 1920 - Sections 7

Reported in : ILR1972Delhi582; 1974RLR276

are presently functioning as such. They have moved a petition under sections 34 and 37 of the Indian Trusts Act 1882. The trust now owns two immovable properties in Amritsar, the particulars of which are given in paragraph 6 … am able to offer to the trustees. Permission to sell the immovable properties at Amritsar was sought Under section 37 of the Trusts Act. I have already held that Act to be inapplicable. Even if it applied, that

CochIn State Power and Light Corporation Ltd. Vs. Commissioner of Inco ...

Court : Kerala

Subject : Direct Taxation

Acts : Electricity (Supply) Act, 1948; Income Tax Act, 1922 - Sections 10(2)

Reported in : [1974]93ITR582(Ker)

provides that the sums appropriated to the contingencies reserve shall be invested in securities authorised under the Indian Trusts Act, 1882. Utilisation of the contingencies reserve is contained in Paragraph V. That paragraph again may be read here :'V. … which alone these could be applied, these have to be excluded from the assessable income by reason of Section 37 of the Income-tax Act, 1961. Elaborating the last of these contentions, counsel urges that inasmuch as the income

Fatima Fauzia and anr. Vs. Syed Ui-mulk and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 15, 46, 47, 48 and 49; Contract Act, 1872 - Sections 2; General Clauses Act, 1897 - Sections 3(22)

Reported in : AIR1979AP229

Finding accordingly, Trust and Societies - breach of trust - Sections 15, 46, 47, 48 and 49 of Trusts Act, 1882, Section 2 of Contract Act, 1872 and Section 3 (22) of General Clauses Act, 1897 - jewellery of 'Nizam' … sale of the jewellery. Out of 107 items of jewellery mentioned in the first schedule of the trust, 37 items with which we are concerned were sought to be sold by the trustees after arranging them into

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

Subject : Land Acquisition

any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, … includes the power of superintendence under Section 32, power of registration under Section 36, maintenance of register under Section 37 and power of the Board under Section 40 to decide the 7 1963 SCC Online Mad 132 33