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Controller of Estate Duty Vs. Smt. S.M. Muthukaruppi Achi

Court : Chennai

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 5 and 10; Transfer of Property Act, 1882 - Sections 41; Indian Trusts Act, 1882 - Sections 82

Reported in : [1977]109ITR345(Mad)

we may refer to two statutory provisions relating to 'benami transactions '.14. Under Section 82 of the Indian Trusts Act, 1882, the benamidar shall hold the property for the benefit of the person paying the consideration unless the person … benefit of her husband. That means that the real ownership to the properties is vested in the deceased.15. Section 41 of the Transfer of Property Act deals with transfer by the ostensible owner. In the case of a

inbamathi Vs. Ramar,

Court : Chennai

Subject : Property

Acts : Indian Trusts Act, 1882 - Sections 63 and 64; Transfer of Property Act - Sections 41; Indian Contract Act, 1872 - Sections 108

Reported in : 2007(2)CTC116

Courts below have committed an error of law in denying the benefits under Section 64 of the Indian Trusts Act, 1882 to the appellant as she has established that she is a bona fide purchaser for value. The learned … the Courts below are not correct in dismissing the suit in the light of the provisions contained in Section 41 of the Transfer of Property Act. In support of his contentions, the learned Counsel relied upon the decision

Commissioner of Income-tax Vs. Hemant Bhagubhai Mafatlal

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 41(1) and 66(1); Indian Trusts Act, 1882

Reported in : (1982)26CTR(Bom)276; [1982]135ITR768(Bom)

In case the discretion is exercised arbitrarily or capriciously, the beneficiary may have his remedies under the Indian Trusts Act, 1882. However, there is undoubtedly a discretion in the trustees, which discretion is more than made clear by the … beneficiary - entire income of trust was to be assessed in hands of trust under First Proviso to Section 41 (1) and beneficiary could not be assessed in respect of same or even in respect of actual amount

Shivprasad Shankarlal Pardeshi, Since Deceased by His Heirs Vs. Leelab ...

Court : Mumbai

Subject : Trusts and SocietiesProperty

Acts : Bombay Public Trusts Act, 1950 - Sections 19, 70 and 72(1 and 4); Code of Civil Procedure (CPC), 1908 - Sections 4, 96 and 100; Evidence Act, 1872 - Sections 3, 59 and 61; Societies Registration Act, 1860 - Sections 18, 20 and 21; Saurashtra Rent Control Act, 1951 - Sections 27 and 28; Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 - Sections 104; Punjab Courts Act, 1918 - Sections 41; Indian Trusts Act, 1882 - Sections 77

Reported in : AIR1998Bom131; 1998(1)ALLMR393; 1998(2)BomCR744; (1998)1BOMLR822; 1998(1)MhLj444

time in the year 1972, though the exact date is not on record. Section 77 of the Indian Trusts Act 1882 deals with the manner in which a trust is extinguished and section 78 deals with the revocation of … A.I.R. 1978 P. & H. 137 S.S. Sandhawalia, J., (as he then was) dealt with the provisions of section 41 of the Punjab Courts Act, 1918 which were no way affected or curtailed by the amended provisionsof section

Jamunabai Motilal Etc. Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Constitution

Acts : Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sections 4, 8, 12 to 21, 21(1), 21(4), 25, 25(1), 27, 27(2), 30, 33, 33(1), 40, 45, 45(1), 45(2), 45-A and 45-A(1); Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965 - Sections 4 and 45-A(1); Constitution of India - Article 226; Judicature Act, 1873 - Sections 89 and 90; Charitable Trusts Act, 1853 - Sections 41; Municipal Corporation Act, 1882; ;Public Authorities Protection Act, 1894

Reported in : AIR1978Bom200; 1978MhLJ93

an action by charity trustees to recover rent-charge would be a proceeding within Section 41 of the Charitable Trusts Act, 1853, having a phrase 'suit or other proceeding', (see also Humphrise v. Worwood (1894) 64 LJ QB 437 … Humphrise v. Worwood (1894) 64 LJ QB 437 negativing the contention that an action under the Municipal Corporation Act, 1882, having reference to Section 41 would be a proceeding within the meaning of the Public Authorities Protection Act,

Central Warehousing Corporation (a Govt. of India Undertaking) Vs. For ...

Court : Mumbai

Subject : ArbitrationCivil

Acts : Arbitration and Conciliation Act, 1996 - Sections 2(3), 5, 7 and 8; ;Presidency Small Cause Courts Act, 1882 - Sections 17, 18, 19, 21, 22, 24, 33, 41, 41(1) and 41(2); ;Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Arbitration Act, 1940 - Sections 34, 40; Maharashtra Rent Control Act, 1999; Provincial Small Cause Court Act, 1887; ;Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28 and 28(1); Bombay Government Premises (Eviction) Act, 1955; Bombay Municipal Corporation Act; Maharashtra Housing and Area Development Act, 1976; Maharashtra Rent Control Act; Code of Civil Procedure (CPC) , 1908 - Sections 9A; Indian Medical Council Act, 1956 - Sections 10A; Medical University Act - Sections 5(5); Industrial Disputes Act - Sections 10(1

Reported in : 2010(1)MhLj658

same time, the Respondents proceeded to file a suit before the Small Causes Court at Mumbai by invoking Section 41 of the Presidency Small Cause Courts Act, 1882 (hereinafter referred to as `the Act of 1882') for declaration … contains a clause for arbitration, the jurisdiction of the Small Causes Court under the Presidency Small Cause Courts Act, 1882 would be ousted?2. The background in which the matter has been placed before us to examine the above … sq. meters being Shed TW-1 at Cotton Green Depot. The Mumbai Port Trust is the owner thereof who vide letter dated 26th February, 1975 gave

Century Textiles and Industries Ltd. Vs. Nusli Neville Wadia, of Mumba ...

Court : Mumbai

Subject : Land Acquisition

would be appropriate to note the relevant statutory provisions of Section 41 of the Presidency Small Cause Courts Act, 1882 (for short "PSCC Act") having bearing on these questions. Section 41 of PSCC Act reads thus: Section 41(1) … inherent jurisdiction to entertain and try this Originating Summons in view of Section 80 of the Bombay Public Trusts Act, 1950; (III) Whether the Originating Summons is not maintainable as the Plaintiff had not obtained the permission of

V.R.Maragatham. Vs. the Commissioner, and ors.

Court : Chennai

Subject : Constitution

Acts : Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 - Section 11, 8(1), 8(2)(ii), 8(5, 21(7)(a); Tamil Nadu HR And CE Act - Section 34; Constitution of India - Articles 226

it would still be a religious trust or endowment and certainly not a private trust to which the Trusts Act, 1882 would apply. Section 1 of the Trusts Act, 1882 itself provides that nothing contained therein applies to public … the case of the claimants were to be taken at face value, the transaction would be hit by Section 41 of the Act. In either case, the permission contemplated by the respective sections was a must and the

Controller of Estate Duty Vs. Veeran Wali

Court : Delhi

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 2(16), 5, 5(1), 6 to 15, 35 and 64(1); Indian Trusts Act, 1882 - Sections 82; Transfer of Property Act, 1882 - Sections 41; Constitution of India - Article 252

Reported in : 2001IIIAD(Delhi)283A; 91(2001)DLT213A

short 'the Trusts Act'), for the benefit of the deceased. The benamidar subject to the equities flowing from Section 41 of the Transfer of Property Act, 1882 (in short 'the TP Act'), could not deal with the property … it were his own and the accountable person held it in trust under Section 82 of the Indian Trusts Act, 1882 (in short 'the Trusts Act'), for the benefit of the deceased. The benamidar subject to the equities flowing

Mrs. Monalisa Rohinton Irani Vs. Naval H. Tata and ors.

Court : Mumbai

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 22, Rule 11(2)

Reported in : AIR2001Bom495; 2001(4)BomCR330; 2001(4)MhLj73

to file execution proceedings. In support of this contention reliance is placed on Section 47 of the Indian Trusts Act, 1882.6. The consent terms clearly indicate that the trust had obtained a decree for ejectment against the original licensor. … Charity Fund filed Ejectment Application No. 155/E of 1967 in the Court of Small Causes at Bombay under Section 41 of the Presidency Small Cause Courts Act, 1947 against Mrs. Meherbai B. Irani for possession of the premises