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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 … 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 control of

In Re: H.E.H. the Nizam's Jewellery Trust

Court : Supreme Court of India

Subject : CivilContract

Acts : Trusts Act, 1882 - Sections 47, 48, 49 and 74; ;Code of Civil Procedure (CPC) - Order 39, Rule 1; ;Contract Act, 1872 - Section 2 ; ;Antiquity and Art Treasures Act, 1972

the trust, must be taken by all of them acting together, as provided by Section 48 of the Trusts Act, 1882. Section 48 of the Trusts Act provides as follows:48. When there are more trustees than one, all must join … belonging to the trust were brought to sale. She also filed an application for temporary injunction under Order 39, Rule 1 of the Civil Procedure Code for restraining the trustees from taking any further steps towards the

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

Subject : Education

trustee, the “owner” must, their Lordships think, be the trustee. This is the view embodied in the Indian Trusts Act, 1882: see Ss. 3, 55, 56, etc., .. they think that the question is of no importance in the … trust and ultra vires the powers of the alleged transferor. Defendants-17 and 39 are actively assisting in other, in mismanaging the properties and in breach … of the trial Court on issue Nos.12, 21, 23 and additional issue No.6. 2. The suit file under Section 92 of CPC is for settling a scheme for the proper and due administration and management of the

Gopal L. Raheja of Mumbai, Indian Inhabitant and Vs. Vijay B. Raheja o ...

Court : Mumbai

Subject : Company

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 4, 4(1), 4(3) and 7; Trusts Act, 1882 - Sections 82, 88 and 94; Specific Relief Act; Transfer of Property Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 2

Reported in : 2007(4)BomCR288

that the property is held in trust. The law having been codified in the form of the Indian Trusts Act, 1882, Section 88 would be attracted only if a fiduciary duty is owed. In the present case parties entered into … 5th April 2006. 13. A Notice of Motion was taken out by the Appellants inter alia under Order 39 Rule 2(a) of the Code of Civil Procedure, 1908, the contention being that the resolutions that were passed

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 … urged by the plaintiffs that not only the accounts relating to the three buses viz., M.D.D. 22; M.D.D. 39 and M.D.D 68 but also the accounts with respect to the three buses which were purchased and substituted

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 … 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 not a Trust

Sri Shyam Sunder Kayal Vs. Mist Valley Binimoy Pvt. Ltd.

Court : Kolkata

Subject : Family

Acts : Trust Act, 1882 - Sections 3, 14, 77 and 78; ;Hindu Succession Act, 1956 - Sections 14, 14(1), 14(2) and 30; ;Contract Act, 1872 - Section 229; ;Hindu Adoptions and Maintenance Act; ;Transfer of Property Act - Section 39; ;West Bengal Estates Acquisition Act; ;Specific Relief Act, 1963 - Section 6; ;Code of Civil Procedure (CPC) - Section 151 - Order 39, Rule l; ;Constitution of India - Articles 136 and 227; ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Section 86

Reported in : (2007)3CALLT560(HC),2008(1)CHN900

the suit itself and as such the present revisional application should be dismissed.20. Section 3 of the Indian Trusts Act, 1882 is quoted below:3. Interpretation-clause.-'trust'.-A 'trust' is an obligation annexed to the ownership of property, and arising out of … the Hindu Adoptions and Maintenance Act in the separate property of her husband. May be, in terms of Section 39 of the Transfer of Property Act, she could have also enforced the charge even as against an alienee

Digambar Pralhad Jot and ors. Vs. Satyanarayan Biharilal Zunzunwala an ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 2(10), 19, 22, 22A, 28, 29, 36, 39, 41D, 41E(3), 43(2), 47, 50, 50A, 51, 51(1), 54(3) and 79AA(2); Constitution of India - Articles 226 and 227; Societies Registration Act, 1860; Presidency Small Cause Courts Act, 1882; Provincial Small Cause Courts Act, 1887; Bombay Public Trust Rules, 1951

Reported in : AIR1978Bom196

Nagpur who is empowered with the powers of the Charity Commissioner under Section 51 of the Bombay Public Trusts Act, 1950, referred to hereinafter as the Act, granting permission to the respondents Nos. 1 to 12 to file … Region in accordance with the Procedure prescribed for the trial of suit under the Presidency Small Cause Courts Act, 1882, and elsewhere under the Provincial Small Cause Courts Act, 1887. In any inquiry a party may appear in … under or for purposes of Sections 19, 22, 22A, 28, 29, 36, 39, 41D, 41E (3), 43 (2) (a), 47, 50A, 51, 54 (3) and

The Vysya Bank Ltd. Vs. Shankar Export Pvt. Ltd.

Court : Kolkata

Subject : Banking

Acts : Constitution of India, 1950 - Articles 226, 227 and 228;; Code of Civil Procedure (CPC), 1908 - Order 39, Rules 1 and 2;; Debts Recovery Tribunal and Financial Institutions Act, 1993 - Sections 17, 18, 19(22) and 25;; Companies Act, 1956 - Sections 442, 529-A and 537;; Indian Trusts Act, 1882;; Official Trustees Act, 1913;; West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 - Section 16

Reported in : AIR2001Cal47,(2001)1CALLT194(HC),2000(2)CHN679

the parties. Therefore, the fact that Ramfry, J. had jurisdiction to pass certain orders either under the Indian Trusts Act, 1882 or under the Official Trustees Act. 1913 or under the Trustees and Mortgages Powers Act, conclusive of the … to as the Bank/appellant). After filing the suit, an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure was filed … and Financial Institutions. Chapter III of the Debt Recovery Act deals with jurisdiction, powers and authority of Tribunals. Section 17 clearly says that a Tribunal shall exercise the jurisdiction, powers and authority to entertain and decide applications

M.M. Nagalinga Nadar Sons Rep. by Its Partner D. Kanagasabai Vs. Sri L ...

Court : Chennai

Subject : Trusts and Societies

Acts : Tust Act, 1882 - Sections 11(1), 14, 19, 20, 55, 56, 75 and 77; Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Sections 14(1); Code of Civil Procedure (CPC), 1908 - Sections 47, 146 and 462 - Order 1, Rule 10 - Order 21, Rule 16 - Order 22, Rules 3, 4 and 10 - Order 27, Rule 10 - Order 32, Rule 10; Tamil Nadu Buildings (Lease and Rent Control) (Amendment) Act, 1973; Indian Income-tax Act, 1922 - Sections 3, 6 and 9; Dowry Prohibition Act, 1961 - Sections 6; Stamp Act - Schedule - Article 62; Registration Act - Sections 17(1); Transfer of Property Act - Sections 8 and 130

Reported in : (2001)3MLJ523

will however be no order as to cost. Trusts and Societies - eviction - Section 14 (b) of Trusts Act, 1882 and Sections 14 (1) of Tamil Nadu Buildings (Lease and Rent) Control Act, 1960 - trustees filed petition … on the judgment of the Privy Council in Subramanian Chettiar v. Raja Rajeswara Dorai alias Muthwamalinga Dorai, I.L.R. 39 Mad. 115. The learned senior counsel also relied on following other judgments; (1) R. Mathalone and Ors. v.