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Soni Lalji Jetha and ors. Vs. Soni Kalidas Devchand and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 91; Transfer of Property Act, 1882 - Sections 40 and 54

Reported in : AIR1967SC978; [1967]1SCR873

which is recognised by section 3 of the Specific Relief Act, 1877 and section 91 of the Indian Trusts Act, 1882. Section 3 of the Specific Relief Act defines an 'obligation' as including every duty enforceable by law and a … contract and except for the obligation arising from section 91 of the Trusts Act and paragraph 2 of section 40 of the Transfer of Property Act the title to the property would pass from the vendor to the

Kodapalli Satyanarayana Vs. Kondapalli Mavullu and Others

Court : Andhra Pradesh

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 40 and 54; Indian Trust Act, 1882 - Sections 91; Specific Relief Act - Sections 27

Reported in : 1999(2)ALD175; 1999(2)ALT79

under Sections 40 and 54 of the Transfer of Property Act as also Section 91 of the Indian Trusts Act, 1882. Section 40 of the Transfer of Property Act reads:'Burden of obligation imposing restriction on use of land -- Where, for

Chand Mohammad Vs. Murtuzakhan Mohammad Mustafakhan

Court : Mumbai

Subject : ContractProperty

Acts : Transfer of Property Act, 1882 - Sections 40 and 54; Trusts Act, 1822 - Sections 91; Limitation Act - Schedule - Article 113; Specific Relief Act - Sections 27

Reported in : AIR1958Bom194; (1957)59BOMLR1084; ILR1958Bom234

claimed.6. The appeal, therefore, fails and is dismissed with costs.7. Appeal dismissed Transfer of Property Act (IV of 1882), Section 40 - Indian Trusts Act (II of 1882), Section 91--Agreement to sell immovable property between vendors and plaintiff--Defendant having … plaintiff; and;That the plaintiff was entitled to the declaration claimed by him.;Further, that Section 91 of the Indian Trusts Act, 1882, also came in aid of the plaintiff.;Sadei Sahu v. Chandramani Dei [1948] A.I.R. Pat. 60 and Durga Prasad

Central Bank of India Vs. Recovery Mamlatdar and ors.

Court : Gujarat

Subject : Company

Acts : Employees's State Insurance Act, 1948 - Sections 40 and 40(4); Indian Trusts Act, 1882 - Sections 66

Reported in : [1996]87CompCas284(Guj)

company in trust. He has also invited the attention of the court to section 66 of the Indian Trusts Act, 1882, which, inter alia, provides that where the trustee wrongfully mingles the trust property with his own, the beneficiary … S. R. Shah, learned counsel appearing for respondent No. 7, has invited the attention of the court to section 40 of the Employees' State Insurance Act, 1948. Section 40, inter alia, provides for the liability of the principal

In Re: Shirinbai Merwanji Dalal

Court : Mumbai

Subject : Trust and SocietiesProperty

Reported in : AIR1919Bom119; (1919)21BOMLR41

give them that power. Mr. Kanga for the petitioners has referred me to Section 40 of the Indian Trusts Act, 1882. That section gives power to trustees to vary investments and the argument is that the trust land in

Commissioner of Income-tax, Kanpur Vs. Kamla Town Trust

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Specific Relief Act, 1963 - Sections 26 and 31; Income-tax Act, 1922 - Sections 4(3) and 34; Income-tax Act, 1961 - Sections 2(15), 11, 148 and 256(1); Specific Relief Act, 1877 - Sections 31; Industrial Disputes Act, 1947; Trust Act, 1882 - Sections 34; Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913 ;Evidence Act, 1872 - Sections 11, 40, 41, 42 and 43; Code of Civil Procedure (CPC) - Sections 11 and 92 - Order 1, Rule 8 - Order 2, Rule 2; Indian Companies Act, 1913

Reported in : AIR1996SC620; (1996)130CTR(SC)112; [1996]217ITR699(SC); JT1995(8)SC364; 1995(6)SCALE517; (1996)7SCC349; [1995]Supp5SCR300

Money Trust had applied to the Chief Judge, City Civil Court, Hyderabad, under Section 34 of the Indian Trusts Act, 1882 seeking his opinion, advice and directions with respect to the utilisation of the income of the trust found … order or decree is a fact in issue, or is relevant under some other provisions of this Act. Section 40 deals with 'previous judgments relevant to bar a second suit or trial'. That obviously cannot have any application.

Karri Venkata Rama Reddy Vs. Union Bank of India

Court : Andhra Pradesh

Subject : Banking

Acts : Hindu Succession Act, 1956 - Sections 29; Andhra Pradesh Agricultural Land (Prohibition of Alienation) Ordinance, 1972; Transfer of Property Act, 1882 - Sections 40 and 54; Indian Trusts Act - Sections 3; Specific Relief Act - Sections 12 and 16; Andhra Pradesh Agricultural Land (Prohibition of Alienation) Act, 172

Reported in : AIR2006AP24

the nature of trust which can be specifically enforced. In the light of Section 3 of the Indian Trusts Act and also Sections 40 and 54 of the Transfer of Property Act, 1882 and Sections 12 and 16

AllauddIn Charities and Zakath Wakf Vs. Hameed Ali and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Constitution of India - Article 226; Wakf Act, 1995 - Sections 4, 4(3), 5, 6, 6(1), 6(4), 7, 7(1), 8(1), 25, 40(1), 40(3), 40(4), 54, 54(1), 54(3), 54(4), 55, 77, 83, 83(4), 83(5), 83(9), 84 and 85; Indian Trusts Act, 1882; Societies Registration Act, 1860; Code of Civil Procedure (CPC), 1908

Reported in : 2002(1)ALD67; 2002(2)ALT534

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, … of one year from the date of publication of the list of wakfs. Further, under Sub-section (1) of Section 40, the Board may itself collect information regarding any property which it has reason to believe to be wakf

Marina Appa Rao and ors. Vs. Marina Veeranna

Court : Chennai

Subject : ContractProperty

Acts : Transfer of Property Act, 1882 - Sections 40 and 54; Trusts Act, 1882 - Sections 91; Specific Relief Act, 1877 - Sections 27

Reported in : AIR1953Mad409; (1952)2MLJ166

prior agreement of sale - Sections 40 and 54 of Transfer of Property Act, 1882, Section 91 of Trusts Act, 1882 and Section 27 of Specific Relief Act, 1877 - whether sale deed executed by original owner in favour

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 … misappropriation or misconduct which resulted in loss to the Trust. He can issue orders on such reports under Section 40 and can direct the resultant loss to be charged from such defaulting person, payable to the public trust