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Commissioner of Income-tax Vs. Rajasthan State Co-operative Bank

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80P

Reported in : [1997]223ITR55(Raj)

Rajasthan or other securities specified in Clauses (a), (b), (c) and (d) of Section 20 of the Indian Trusts Act, 1882, and to act as agents for co-operative institutions for purchase and sale of such securities ;(i) to open … Section 24 further specifies that a scheduled bank in addition to the average daily balance as required by Section 42 of the Reserve Bank of India Act, 1934, shall maintain in cash, gold or unencumbered approved securities at

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

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Land Acquisition

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

the quantum of addition is different). In the case of Swiss Chocolate P. Ltd. IT (SS) Appeal No. 42 (Ahd) of 1997 in ground Nos. 2 and 3 read as under: 2. The Learned Assessing Officer has … 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

Assistant Commissioner of Vs. Shri Debajit Bezbarua

Court : Income Tax Appellate Tribunal ITAT Guwahati

Subject : Direct Taxation

Reported in : (2004)89ITD387(Gau.)

16(b) of the Indian Partnership Act (Annex-5, pp. 7 of Paper-book dated 5.9.2002 and Section 88 of Indian Trusts Act, 1882 (copy enclosed herewith, as directed by the Honourable Bench on 7.10.2002 and marked as Annexure-1 hereof) read together … has made disallowance Under Section 40A(3) of Rs. 18,93,500/- and also added unexplained investment in building of Rs. 42,390/- and thereby completed the assessment at an income of Rs. 23,09,480/- vide assessment order dated 31-03-1997 passed Under

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 … in exercise of probate, matrimonial admirality or insolvency jurisdiction would have the character of judgments in rent. Similarly Section 42 of the Indian Evidence Act also could not make them relevant in any enquiry or proceedings unless they

Ullathil Kolathil Nethiri Menon Vs. Mullapulli Gopalan Nair and Thirte ...

Court : Chennai

Subject : Trusts and Societies

Reported in : AIR1916Mad692; (1916)ILR39Mad597

in suit must be sold. Trust, charitable - Acts of majority binding on minority--Indian Trusts Act (II of 1882), Section 42--'Any trustees or trustee,' meaning of Payment to some only of the trustees, not a valid payment. - … two uralans had any such authority actual or by estoppel. But it is said that though the Indian Trusts Act does not apply to charitable trusts, its provisions should guide us by analogy in matters of this sort;

Ullattil Kalathil Nethiri Menon Vs. Mullapulli Gopalan Nair and ors.

Court : Chennai

Subject : Trusts and Societies

Reported in : 30Ind.Cas.713

two uralans had any such authority actual or by estoppel. But it is said that though the Indian Trusts Act does not apply to charitable trusts; its provisions should guide us by analogy in matters of this sort; … Trustees, majority of,--Document intended to be signed by all trustees--Signature by some only, effect of--Trust Act (II of 1882), Section 42--'Any trustees or trustees,' meaning of. - - 1 to 6 with a corresponding obligation on them to

Sachchidananda Banerjee Vs. Moly Gupta and ors.

Court : Kolkata

Subject : Education

herself the power to revoke the earlier trust. He refers to Section 42 of the Transfer of Property Act, 1882 and submits that, in the event the original defendant No.1 sold the property to the plaintiff even without … without substituting any equivalent for the same and that, she retained the right to revoke to all limitations, trusts, powers and provisions declared of or concerning the said premises. Learned Counsel for the plaintiff contends that, the

C.Nagamanickaya Vs. K.Syamanthakamma

Court : Chennai

Subject : Civil

Acts : Specific Relief Act - Section 31; Limitation Act - Section 10; Indian Trust Act, 1882 - Section 83, 3,; Indian Contract Act, 1872 - Section 229

legal principles which covers all trusts, private and public and merely because they find a place in the Trusts Act, they cannot become 'untouchable' where public trusts are involved. Care must certainly be exercised not to import by … the definition of Trust. It is settled law that a cue can be had from the Indian Trust Act, 1882 for understanding the various terms as well as the salient features attached to a Trust.24. It is just … to be judicially adjudicated and declared, and a mere cancellation of ah instrument would not achieve the object. Section 42 of the Specific Relief Act would apply to such a case. The remedy under Section 39 is to

Sachchidananda Banerjee Vs. Moly Gupta and Others

Court : Kolkata

Subject : Land Acquisition

Attention of the Court was drawn to the provisions of sections 48, 77 and 78 of the Indian Trusts Act, 1882 and the relevant provisions of the Specific Relief Act. Having considered the arguments advanced before this Court, we … plaintiff notwithstanding the deed of trust and the plaintiff could have received a good title in view of section 42 of the Transfer of Property Act, 1882, but that was not the fact scenario here. Hon’ble Single Judge

The Advocate-general of Bombay Vs. Yusuf Alli Ebrahim and ors.

Court : Mumbai

Subject : MRTP

Reported in : AIR1921Bom338; 84Ind.Cas.759

49 L.J. Ch. 415 Sir George Jessel said that the beneficiary was entitled to a charge. The Indian Trusts Act, 1882, Section 63, Illustration (b) is to the like effect. But in In re Hallett's Estate (1880) 13 Ch. D. … Ex. 124-5A, pages 1-5, Another passage, which is relied on by Mr, Inverarity, will be found at page 424 verse 111, viz., 'Surely Allah has bought of the-believers their persons and their property for this, that they