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Delhi Cloth and General Mills Co. Ltd. and ors. Vs. Union of India (Uo ...

Court : Supreme Court of India

Subject : CommercialConstitution

Acts : Constitution of India - Articles 13, 14, 19, 19(1), 32, 38, 39, 46, 136, 226 and 285(1); Companies (Acceptance of Deposits) Rules, 1975 - Rules 2, 2-B, 3, 3-A, 3-A(1), 4, 5, 6 and 7; Companies Act, 1956 - Sections 3, 45(1), 58-A, 591 and 642; Companies (Amendment) Act, 1960; Companies (Amendment) Act, 1965; Companies (Amendment) Act, 1974; Reserve Bank of India Act, 1934 - Sections 45-J and 45-K; Rent Restriction Acts; Indian Trust Act, 1882 - Sections 20; Electricity (Supply) Act; Indian Trusts Act, 1882 - Sections 20; Joint Stock Companies Act, 1850; Joint Stock Companies (Amendment) Act, 1857; Indian Companies Act, 1913

Reported in : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438

(c) in unencumbered securities mentioned in Clauses (a) to (d) and (ee) of Section 20 of the Indian Trusts Act, 1882(2 of 1882).Provided that with relation to the deposits maturing during the year ending on the 31st day … the corporate sector.17. The Companies Act of 1956 to some extent also attempts to translate into action Article 38 and 39 in Part IV of the Constitution by which the State was directed that the ownership and

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 … executors in this connection.40. The Honourable the Advocate-General has, on behalf of the second defendant, also appealed to Section 38 of the Trustees' and Mortgagees' Powers Act 1866 authorising executors to compromise, compound and submit to arbitration all

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

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Land Acquisition

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

Indian Trust Act pre-supposes; i pecuniary advantage gained by a Director in his fiduciary capacity. In such circumstances Section 38 of the Indian Trust Act enjoins upon him to hold such advantage for the benefit of the company. … 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

Janardan Dagdu Khomane Vs. Eknath Bhiku Yadav .

Court : Supreme Court of India

Subject : Land Acquisition

“deemed to have been registered” is neither defined in the Public Trusts Act nor defined in the Indian Trusts Act, 1882. Section 28 of the Public Trusts Act provides: “28. enactment specified in Schedule Public trust previously registered under the … or the residue thereof (as the case may be), to the extent necessary to satisfy their just demands." 38. In Gopal L. Raheja v. Vijay B. Raheja3, the Bombay High Court restrained itself from exercising its equitable

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 … distinct from a right against the trustee was recognised in M.E. Moolla Sons Ltd v. Official Assignee, Rangoon, 38 Bom.L.R. 1011 P.C. Sir George Rankin speaking for the Board cited a passage from (Miller & Collins), 1896(1)

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, … be taken along with our judgments of yesterday evening in the two preceeding appeals, viz., Nos. 32 and 38 of 1927.2. In the present case we have to deal with thirteen debentures of the Bombay Improvement Trust,

Suguna and K. Devi Vs. Vinod G. Nehemiah and ors.

Court : Chennai

Subject : Property

Acts : Indian Contract Act, 1872 - Sections 16, 16(2) and 16(3); Specific Relief Act, 1963 - Sections 34; Evidence Act - Sections 111 and 230A; Indian Trusts Act, 1882 - Sections 8; Code of Civil Procedure (CPC) - Order 6, Rules 2 and 4

Reported in : 2008(2)CTC433; 2008(2)CTLJ223(Mad); (2008)5MLJ167

and this is a clear case of a breach of trust as per Section 8 of the Indian Trusts Act, 1882.48. It is seen that in the plaint filed before the City Civil Court, the first appellant sought for … deficit fee, the same was released after due registration on further payment of the stamp duty of Rs. 38,400/- collected from the first appellant. Learned single Judge pointed out that although the first appellant denied her presence

Zoolfiqar Ali Currimbhoy Ebrahim Vs. the Official Trustee of Maharasht ...

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1967)69BOMLR326; 1967MhLJ694

L.R. 6 Ch. 512 and Gook v. Hutchinson (1836) 48 B.R. 222 referred to.;Section 83 of the Indian Trusts Act, 1882, only refers to a particular case under particular circumstances and it cannot displace the doctrine governing the intention … the devolution of the trust properties would not be affected by this Will as well. Again, respondent No. 38 had relied on a Will alleged to have been executed by Ahmedbhoy, one of the sons of the

Abdul Razack and ors. Vs. Mahammad Rahamatullah and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Trusts Act, 1882 - Sections 88

Reported in : AIR1964AP522

the plaintiffs in relation to that property just as the first defendant is. Section 88 of the Indian Trusts Act, 1882, based on the well-recognised principles of English law, is as follows :'Where a trustee, executor, partner, agent, director … purchased, three other buses, which were M.D.D. Nos. 279, 460 and 278 with a seating capacity of 26, 38 and 25 respectively, that these buses have been substituted by the respondents in the place of the suit

State Bank of Bikaner and Jaipur Employees Association and anr. Vs. St ...

Court : Chennai

Subject : Labour and Industrial

Acts : State Bank of Bikaner and Jaipur Employees Provident Fund Regulations, 1969; State Bank of India (Subsidiary Banks) Act, 1939 - Sections 3, 4, 38, 51 and 63; Bank of Jaipur Limited Employees Provident Fund Rules - Regulations 3, 11, 12, 12(1), 12(2), 14, 15, 17 and 18; Industrial Disputes Act, 1947; Indian Income-Tax Act, 1961; Indian Trust Act, 1988; Constitution of India - Articles 32 and 226; State Bank of India (Subsidiary Banks) (Amendment) Act, 1959 - Sections 63 and 63(1)

Reported in : (1982)ILLJ413Mad

Trustees in any securities for the time being authorised under the Indian Income-Tax Act, 1961 and the Indian Trusts Act, 1882 and the Rules made thereunder in respect of the investment of money of a Provident Fund recognised under … under S. 63 of the State Bank of India (Subsidiary Banks) Act 38 of 1939, hereinafter referred to as the Act. The facts on the … require a strong argument to convince the Court that representative segments of the public or at least a section of the public which is directly interested and affected would have no right to complain of the infraction