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Official Trustee, West Bengal and ors. Vs. Sachindra Nath Chatterjee a ...

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 34; Official Trustees Act, 1913 - Sections 10(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43

Reported in : AIR1969SC823; [1969]3SCR92

the learned judge jurisdiction to entertain those pleas ?19. Reliance was placed on s. 34 of the Indian Trusts Act, 1882 as conferring power on the judge to make the order in question. That section reads: 'Any trustee may, … the trustee. But it could not have granted the other reliefs asked for.23. Reliance was next placed on Section 43 of the Trustees and Mortgagees Powers Act, 1866. There is no reference to this Act in the application

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 … or proceedings unless they relate to matters of a public nature relevant to the enquiry. However it is Section 43 of the Evidence Act which would squarely get attracted in such cases. Said section lays down that judgments,

In Re: Sir Currimbhai Ebrahim, Bart

Court : Mumbai

Subject : Trust and Societies

Reported in : (1910)12BOMLR1040

word ' trustees' has been deleted in Section 43 of the Trustees and Mortgagees Powers Act by the Trusts Act of 1882. The petition must, therefore, fail in that it is entirely misconceived so far as the Act

R. Sai Bharathi Vs. J. Jayalalitha and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Companies Act, 1956; Indian Stamp Act - Sections 47A; Indian Penal Code (IPC) - Sections 43, 109, 119, 120B, 169, 175, 176, 177, 179, 181, 191, 202, 221, 222, 223, 225, 405, 409 and 420; Prevention of Corruption Act - Sections 13(1) and 13(2); Prevention of Undervaluation of Instruments Rules - Rules 2, 3, 4, 6 and 7; Tamil Nadu Stamp Act; Indian Trust Act, 1882 - Sections 52; Transfer of Property Act, 1882 - Sections 136; Code of Civil Procedure (CPC) - Order 21, Rule 73; Constitution of India - Articles 73, 136, 154, 162 and 309; Railways Act, 1989 - Sections 189; Cattle Trespass Act, 1871 - Sections 19; Code of Criminal Procedure (CrPC) - Sections 481

Reported in : 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9

any fiduciary obligation imposed on a public servant by the law of trusts or otherwise. The words 'legally bound' do not necessarily only mean the … a loss to public or not. In this context, the provisions of Section 52 of the Indian Trust Act 1882, Section 136 of the Transfer of Property Act, 1882 and Order XXI, Rule 73 CPC are brought to our … The words 'legally bound' do not necessarily only mean the law made by the legislature or statutory law. Section 43 IPC contains a definition of a person being legally bound to do, that is, a person is stated

Viswanath Sharma (Shri) Vs. State of Rajasthan and 3 ors.

Court : Rajasthan

Subject : Service

Acts : Rajasthan Non-Government Educational Institution Act, 1989 - Sections 2, 3, 3(1), 4, 5, 6, 6(7), 7, 9, 10, 14, 13, 15, 15(3), 15(4), 15(23), 15(4), 16, 16(1), 16(2), 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 27A, 28, 29, 29(1), 30, 31, 32, 33, 34, 35, 36, 40 and 43; Rajasthan Societies Registration Act, 1958; Rajasthan University Act, 1946 - Sections 4, 17, 20, 22, 27 and 29; Rajasthan Public Trusts Act, 1959; Indian Trusts Act, 1882; Rajasthan Land Revenue Act, 1956; Arbitration Act, 1940; Rajasthan Non-Government Educational Institution (Amendment) Act, 1992; Rajasthan Grant-in-Aid to Education and Cultural Institutions Rules, 1963 - Rules 3, 3(16), 4, 10, 13, 14 and 15; Rajasthan Non-Government Educational Institution Rules, 1993 - Rules 2, 9, 14, 15, 16, 27, 28, 29, 30, 32,

Reported in : RLW2006(1)Raj350

Societies Registration Act, 1958 or it is being run by a public trust registered under the Rajasthan Public Trusts Act, 1959 or by a trust created in accordance with the provisions of the Indian Trusts Act, 1882.79. Section … Act shall have effect notwithstanding anything inconsistent contained in any instrument having effect by virtue of any law.115. Section 43 of the Act, 1989 confers upon the State Government the power to make Rules and in exercise thereof

Raj Kishan Dass Vs. Mrs. Kusum Singh

Court : Delhi

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 5, 6 and 43

Reported in : 93(2001)DLT359; 2001(60)DRJ803

as alleged could be a valid trust in view of the provisions of Section 5 of the Indian Trusts Act?2. Facts germane for the issue in question need to be capitulated in brief.3. The defendant was married to … of the facts pertaining to remaining issues will not tantamount to expression of opinion on merits. Indian Trust Act, 1882 - Section 5-Trust--Immovable properties--Scope and requirement of Section 5--Declaration by non-testamentary Instrument--In writing--Signed by the author--Concept of oral … deals with certain kinds of interests in property mentioned therein, and prohibits a transfer simplicities of those interests. Section 43 deals with representations as to title made by a transferor who has no title at the time of

Sennimalai Swamy Madam Trust, Palani by L. Manoharan Vs. Nil

Court : Chennai

Subject : Trusts and Societies

Acts : Charitable and Religious Trusts Act, 1920 -- Sections 7; Indian Trustes and Mortgagees' Act, 1866 -- Sections 43; English Act 22 and 23 Vic -- Sections 30; Law of Property Amendment Act, 1859; Indian Succession Act, 1956 -- Sections 302; Indian Trust Act, 1882 -- Sections 34

Reported in : 1999(3)CTC390

Act notwithstanding the additional words 'opinion or advice' in those sections. (9) Finally S. 34 of the Indian Trusts Act 1882 may be referred to in this connection. For, wholly providing for the trustee's right to apply to court … the file of Principal District Judge, Dindugul is the revision petitioner herein. 2. An application was filed under Section 7 of the Charitable and Religious Trusts Act, 1920 by petitioner for opinion, or advise or direction of … , the question came up before the Bombay High Courts under S. 43 of the Indian Trustees andMortgagees' Act. 28 of 1866 in regard to

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 … of Sections 19, 22, 22A, 28, 29, 36, 39, 41D, 41E (3), 43 (2) (a), 47, 50A, 51, 54 (3) and 79AA (2) or any

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

Subject : Land Acquisition

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, … which reads as follows: “Dated:24. 07.2003 Sub: The Muslim Wakfs/Trusts registered with the Charity Commissioner, and as per Section 43 of the Wakf Act, 1995. 6 CIRCULAR No.307 DATED2407.2003 According to Section 43 of the Wakf Act, 1995

Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1907)9BOMLR606

v. Howell (1847) 11 Beav. 6, In re Hougldon (1904) 1 Ch. 623, Lindley on Partnership, page 532, Section 43 of the Indian Trusts Act 1882 and for the defendant 3, Sub- Section 26 and 27 of the … of Section 96.57. I think as the question of good faith arises under Section 90 of the Indian Trusts Act 1882, Section lllof the Evidence Act clearly applies. And this view is taken by Sir Whitley Stokes in his comments