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Soundararajan and Co. Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 82, 88 and 94; Income Tax Act, 1961 - Sections 2(47) and 45

Reported in : [1999]240ITR150(Mad)

of the abovesaid conclusion, reliance placed by learned counsel for the assessee on section 88 of the Indian Trusts Act, 1882, with regard to the advantage gained in a fiduciary character or on Section 94 of the said Act … or written instrument evidencing the same and that the surplus of Rs. 58,995 would constitute capital gain under Section 45 read with Section 2(47) of the Act. On further appeal, the Appellate Tribunal concurred with the order of

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. … may be made either directly, or by means of a trust. See Moosabhai v. Yacoobbhai 7 Bom. L.R. 45 and Sadik Hasain Khan v. Hashim Ali Khan 36 Ind. Cas. 101 : 4 C.L.J. 22 ; 25

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. Union of India (Uo ...

Court : Supreme Court of India

Subject : CommercialConstitution

Acts : Constitution of India - Articles 13, 14, 19, 19(1), 32, 38, 39, 46, 136, 226 and 285(1); Companies (Acceptance of Deposits) Rules, 1975 - Rules 2, 2-B, 3, 3-A, 3-A(1), 4, 5, 6 and 7; Companies Act, 1956 - Sections 3, 45(1), 58-A, 591 and 642; Companies (Amendment) Act, 1960; Companies (Amendment) Act, 1965; Companies (Amendment) Act, 1974; Reserve Bank of India Act, 1934 - Sections 45-J and 45-K; Rent Restriction Acts; Indian Trust Act, 1882 - Sections 20; Electricity (Supply) Act; Indian Trusts Act, 1882 - Sections 20; Joint Stock Companies Act, 1850; Joint Stock Companies (Amendment) Act, 1857; Indian Companies Act, 1913

Reported in : AIR1983SC937; [1983]54CompCas674(SC); (1983)2CompLJ281(SC); 1983(2)SCALE16; (1983)4SCC166; [1983]3SCR438

(c) in unencumbered securities mentioned in Clauses (a) to (d) and (ee) of Section 20 of the Indian Trusts Act, 1882(2 of 1882).Provided that with relation to the deposits maturing during the year ending on the 31st day … exclusionary clause in pari materia with the exclusionary clause in Section 2(b) of the Deposit Rules of 1975. Section 45 J conferred power on the Reserve Bank to regulate or prohibit the issue by any non-banking institution of

Krishna Bhatta and ors. Vs. Udayavar Srinivasa Shambagu and ors.

Court : Chennai

Subject : Trusts & Societies

Reported in : 32Ind.Cas.97

remaining trustees alone.7. On the first point it is contended that in accordance with the principles of the Trusts Act II of 1882, which admittedly is not applicable in this case, the resignation of the 5th muktessor is … not applicable in this case, the resignation of the 5th muktessor is invalid, and reference is made to Sections 44, 45 and 71 of that Act. Under Section 71(c) a trustee may be discharged by such means

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, … so as to find out the liability of the holder to file- returns and make appropriate orders under Section 45 (2) thereof. In each case the record that was called for and taken into account consisted of the

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

S.B. SINHA, J : Leave granted. INTRODUCTION : Interpretation of Section 34 of the Indian Trusts Act, 1882 (for short, 'the Act') is involved in this appeal which arises out of a judgment and order dated … "Of the rights and powers of trustees" beginning from Section 31 relating to 'right to title deed' to Section 45 relating to "Suspension of trustee's posers by decree'. Chapter VIII, on the other hand, provides for extinction of

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Direct Taxation

by the | | | |nonresident in his trading activity. | VII: Trusts/ Societies: |Sl.|Name and citation|Allied subject/law adjudicated upon | |No |of case | … as an association of persons. | | |Mahasabha | | | |140 ITR748(Del)| | |6 |Tulsidas |India Trust Act, 1882 - trustee can also be a | | |Kilachand v. |beneficiary. | | |C.I.T. | | | |42 … |165 ITR166(SC) |no assessable as capital gains. This case law is valid| | | |even after amendment in Section 45(4) which talks of | | | |dissolution or otherwise transferred. | |11 |Manohardas |It is open to the

Smt. M. Printer and ors. Vs. Marcel Martins

Court : Karnataka

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 45; Benami Transactions (Prohibition) Act, 1988 - Sections 2 and 3; Evidence Act, 1872 - Sections 115

Reported in : AIR2002Kant191; ILR2002KAR3757

the persons entitled to share in the fund. This is really the principle laid down in Section 88, Trusts Act, 1882. It runs as follows : 'Where a trustee ............or other person bound in a fiduciary character to protect … an element of inseparability is inhered in the doctrine of co-ownership. What can be predicated by reason of Section 45 of the Transfer of Property Act and by invoking the principle of quasi trust in the Indian Trusts

Rotopacking Materials Industry Vs. Ravinder Kumar Chopra and ors.

Court : Mumbai

Subject : CivilContract

Acts : Specific Relief Act, 1963 - Sections 38

Reported in : 2004(2)ALLMR584; 2003(6)BomCR6

in turn defines 'trust' as under:'(c) 'trust' has the same meaning as in section 3 of the Indian Trusts Act, 1882, and includes an obligation in the nature of a trust within the meaning of Chapter IX of that

Gyanambal Vs. Administrator-general of Madras

Court : Chennai

Subject : FamilyProperty

Acts : Administrator-General's Act, 1913 - Sections 28

Reported in : AIR1955Mad419

this Section 28 is analogous to Section 43 of the Trustees and Mortgagees Act and Section 34, Indian Trusts Act, 1882, and Section 302, Indian Succession Act and an Originating Summons of this Court, the case law thereunder indicating … Administrator-General and for a full report to be forwarded to the Government upon such audit (Sections 44 and 45).Very full powers have also been given to the Auditors in regard to the examination of persons, etc., in