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A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 19(1); Indian Trusts Act, 1882 - Sections 46, 47 and 48; Specific Relief Act, 1963 - Sections 11(2), 13, 13(1) and 16; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987; ;Transfer of Property Act, 1882 - Sections 54, 55, 55(1), 55(2) and 55(6); Specific Relief Act, 1877 - Sections 18; Contract Act, 1872 - Sections 55 and 74

Reported in : 2005(5)ALD658; 2005(6)ALT238

suit agreement is void and unenforceable under the provisions of Sections 46, 47 and 48 of the Indian Trusts Act, 1882 read with Section 11(2) of the Specific Relief Act.5. The plaintiffs also filed rejoinder denying various counter allegations

Fatima Fauzia and anr. Vs. Syed Ui-mulk and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 15, 46, 47, 48 and 49; Contract Act, 1872 - Sections 2; General Clauses Act, 1897 - Sections 3(22)

Reported in : AIR1979AP229

Finding accordingly, Trust and Societies - breach of trust - Sections 15, 46, 47, 48 and 49 of Trusts Act, 1882, Section 2 of Contract Act, 1872 and Section 3 (22) of General Clauses Act, 1897 - jewellery of 'Nizam'

People Charity Fund and ors. Vs. K. Raghava Reddy and Associates

Court : Karnataka

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 230A; Indian Partnership Act, 1932 - Sections 69 and 69(2); Indian Trusts Act, 1882 - Sections 46 to 48; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 3, Rules 4 and 6 - Order 22, Rule 10 - Order 23, Rule 3 - Order 41, Rules 5 and 25

Reported in : 2009(3)KarLJ562; 2009(1)AIRKarR367; AIR2009NOC871(D.B)

hereunder:(1) The appeal filed by the appellants is not maintainable in view of Section 48 of the Indian Trusts Act, 1882 as all the trustees to the suit, who were defendants, have not filed the present appeal and that … A. Ramalingam have filed this appeal.27. In Fatima Fauzia's case, their Lordships while considering the provision of Sections 46 to 48 have held that when there are more than one trustee, all of them should collectively exercise

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 … system does not result in concentration of wealth and means of production to the common detriment. Further Article 46 mandates the State to promote economic interests of weaker sections of the people from all forms of exploitation.

Shiam Sunder Vs. L. Pratap Chandra

Court : Allahabad

Subject : Commercial

Acts : Partnership Act, 1932 - Sections 16 and 46; Trusts Act, 1882 - Sections 51, 66 and 94

Reported in : AIR1952All330

7. I agree in dismissing the appeal. Commercial - partnership - Sections 51, 66 and 94 of Trust Act, 1882 and Sections 16 and 46 of Partnership Act, 1932 - dissolution of partnership - goods held by one … accounting partner may be able to distinguish them from those which were his own. 4. Under section 66, Trusts Act, the result of wrongful intermingling of trust property with the private property of the trustee, entitles the beneficiary

Chatrabhuj Mavji Merchant Vs. Sumati Morarjee and ors.

Court : Mumbai

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 7, 11, 22, 32, 34, 36, 46, 72 and 74; Code of Civil Procedure (CPC) , 1908 - Sections 2(4) and 15; Bombay High Court (Original Side) Rules, 1980 - Rules 26 and 27; Bombay City Civil Court Act, 1948 - Sections 3 and 12; Bombay Civil Courts Act, 1869 - Sections 5 and 8

Reported in : 1991(4)BomCR289

and that defendant No. 1 had committed several breaches of trust vis-a-vis the trust deed and the Indian Trusts Act, 1882 (Trusts Act). The jurisdiction clause in the plaint ascribes jurisdiction to the City Court because the actionable causes … ways enabling a trustee to renounce a trust after acceptance is with the permission of the Court under section 46. Unreasonable and mala fide exercise of discretionary power of a trustee can be controlled by a Principal Court

Charu Kishor Mehta Vs. Jt.Charity Commr. Gr. Bombay Reg. and Ors.

Court : Supreme Court of India

Subject : MRTP

acceptance as trustees in the said Trust as provided under Sections 46 and 47 of the Indian Trust Act, 1882, which is applicable to the fact situation of the present case. On the basis of the said application, … which requires an acceptance by the donee of the property donated nor is it a "trust". The Indian Trusts Act as clear by its preamble and contents is applicable only to private trusts and not to public trusts. … the year 2006, filed an application, being Application No.17 of 2006 under Section 41D of the Act before the Joint Charity Commissioner (for short "JCC"),

Vrandavan Bhaichand Shah Vs. Parshottam Motichand Shah

Court : Mumbai

Subject : Civil

Reported in : (1926)28BOMLR1481

actually gets in the outstandings and benefits by the realizations. ;Sections 26(b), 83 and 94 of the Indian Trusts Act, 1882, considered.;A renunciation of a trust is not valid except as laid down in Section 46 of the Indian

Vasantkumar Radhakisan Vora and ors. Vs. Board of Trustees of the Port ...

Court : Mumbai

Subject : Constitution

Acts : Presidency Small Cause Courts Act, 1882; Constitution of India - Articles 14, 226 and 227

Reported in : AIR1984Bom96; 1984(2)BomCR478; ILR1984Bom1784a

filed an ejectment application bearing No. 39|194|E of 1976 under S. 41 of the Presidency small Cause courts ACt, 1882 (hereinafter called the ACt). In respect of another tenant who is in possession Room No. 1, the respondents … Writ Petition NO. 3144 of 1981 the respondents are the Board of Trustees of the Port of Bombay. They owned a property bearing old B. … into force would be governed by the amended provisions of Chap. VII or otherwise weather the provisions of Section 46(2) maintaining two different procedures would be villative of Art. 14 of the constitution of India A few relevant

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