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The Commissioner of Income-tax, Bombay Vs. Smt. Kasturbai Walchand Tru ...

Court : Supreme Court of India

Subject : Trusts and SocietiesDirect Taxation

Acts : Income-tax Act - Sections 4(3); Indian Trusts Act, 1882 - Sections 9 and 58

Reported in : AIR1967SC844; [1967]63ITR656(SC); 1967MhLJ647(SC); [1967]2SCR7

tax under section 4(3)(i) of the Act in view of the applicability of s. 9 of the Indian Trusts Act, 1882. The Income-tax Appellate Tribunal, on further appeal, upheld the same decision, but on a slightly different ground. The

People Charity Fund and ors. Vs. K. Raghava Reddy and Associates

Court : Karnataka

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 230A; Indian Partnership Act, 1932 - Sections 69 and 69(2); Indian Trusts Act, 1882 - Sections 46 to 48; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 3, Rules 4 and 6 - Order 22, Rule 10 - Order 23, Rule 3 - Order 41, Rules 5 and 25

Reported in : 2009(3)KarLJ562; 2009(1)AIRKarR367; AIR2009NOC871(D.B)

hereunder:(1) The appeal filed by the appellants is not maintainable in view of Section 48 of the Indian Trusts Act, 1882 as all the trustees to the suit, who were defendants, have not filed the present appeal and that … by its partner, Sri K. Raghava Reddy. The 1st defendant is a charitable trust. The defendants 2 to 4 are the trustees. The suit scheduled property was owned by one B. Ramalingam, who was the creator and

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 … State Government or not, has been brought into force with effect from July 15, 1981. Sub-section (1) of Section 4 of the Act empowers the State Government to make rules providing amongst others for conditions of service of

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 … the property but, that the beneficial interest is of the Plaintiffs such a transaction would be hit by Section 4 of the Benami Act. Absent such a declaration, no relief can be sought against the Fifth Defendant. But

Keki Pestonji Jamadar and anr. Vs. Kohodadad Merwan Irani and ors.

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 19, 79 and 80

Reported in : AIR1973Bom130; (1972)74BOMLR198; ILR1973Bom80; 1972MhLJ427

2(20) provides that words and expressions used but not defined in the Act and defined in the Indian Trusts Act, 1882 shall have the meaning assigned to them in that Act. Section 3 of the Indian Trusts Act defines … the trustees took possession of the land. In the meanwhile, Baimai had died on 27th March 1960.2. On 4th August 1962, Rodabai brought this suit (No. 131 of 1962) in the Court of the Civil Judge, Junior

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 … this group of matters a common question arises for our consideration. It is to the following effect 'whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to 'Act') can be applied to suit, claim or

R. Rajagopal Reddy and ors. (Deceased by Legal Representatives) Vs. Pa ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3, 3(1), 3(3), 3(4), 4, 4(1), 4(2) and 7(1); Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988; Indian Trusts Act, 1882 - Sections 81, 82 and 94; Code of Civil Procedure (CPC) -, - Sections 66; Income Tax Act, 1961 - Sections 281A; General Clauses Act - Sections 6

Reported in : AIR1996SC238a; 1995(2)ALT1(SC); 1995(1)CTC568; [1995]213ITR340(SC); JT1995(2)SC667; 1995(1)SCALE692; (1995)2SCC630

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 to … this group of matters a common question arises for our consideration. It is to the following effect "whether Section 4(1) of the Benami Transactions (Prohibition) Act, 1988 (hereinafter referred to 'Act') can be applied to suit, claim or

C.i.T.-iii Vs. the Baroda Peoples Co-op. Bank Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80A, 80A(1), 80A(2), 80AB, 80B(5), 80P, 80P(2), 80 to 80U to 80VV; Gujarat Co-operative Societies Act, 1961 - Sections 2(7), 2(19), 2(24), 4, 5, 12A, 14, 28, 29, 43D, 65, 66, 67, 67(2), 67(3), 71, 71(1); Banking (Regulations) Act, 1949 - Sections 5, 6, 6(1), 6(2) and 8; Imposition of Ceiling on Land Holdings Act, 1960; Indian Trusts Act, 1882 - Sections 20; Indian Trusts Act, 1882; Income Tax Act, 1922 - Sections 14(3); Constitution of India - Articles 14 and 141

Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)

arose as to whether investment, of sums appropriated to the contingencies reserve, in securities authorised under the Indian Trusts Act,1882 and income derived by way of interest therefrom was attributable to profits and gains of the business of … reserves. 21. Examining the issue from a slightly different angle. One may take into consideration the provisions of Section 4 read with Section 5 and Section 2(45) of the Act. The charge of income tax is fastened under

Anam Premkumar Reddy and ors. Vs. India Fruits Ltd. and ors.

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 150, 153, 153B, 155, 187A, 187B, 187C, 187C(3), 187C(4), 297(5) and 397; Indian Trusts Act, 1882 - Sections 77, 77(C) and 83

Reported in : 1995(3)ALT170; [1996]85CompCas625(AP)

the merits which requires to be decided is whether the trust was extinguished. Section 77 of the Indian Trusts Act, 1882 states : '77. Trust how extinguished. - A trust is extinguished, (a) when its purpose is completely fulfilled; … later became the second respondent-company. Another partnership firm called Godavari Electrical Conductors was set up and it purchased 4,436 out of 5,450 equity shares in the first respondent-company utilising a sum of Rs. 1.55 crores taken from

Shyamabai Wd/O Surajkaran Joshi and ors. Vs. Madan Mohan Mandir Sansth ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 1, 19, 20, 47, 48 and 83; Bombay Public Trusts Act, 1950 - Sections 2(13) and 2(20); Societies Registration Act, 1860 - Sections 6; Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 19(1) and 129; Transfer of Property Act; Land Acquisition Act, 1894; Bombay Public Trusts Rules, 1951 - Rule 8; Constitution of India - Article 141

Reported in : 2010(1)BomCR294

referred the following questions for determination to the Full Bench:(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently, whether all the Trustees of such Public Trust are required … 6.8.2009 passed in Second Appeal No. 116/1998 referred the following questions for determination to the Full Bench:(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently, whether … referred the following questions for determination to the Full Bench:(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a