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Shyamabai Wd/O Surajkaran Joshi and ors. Vs. Madan Mohan Mandir Sansth ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 1, 19, 20, 47, 48 and 83; Bombay Public Trusts Act, 1950 - Sections 2(13) and 2(20); Societies Registration Act, 1860 - Sections 6; Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 19(1) and 129; Transfer of Property Act; Land Acquisition Act, 1894; Bombay Public Trusts Rules, 1951 - Rule 8; Constitution of India - Article 141

Reported in : 2010(1)BomCR294

referred the following questions for determination to the Full Bench:(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently, whether all the Trustees of such Public Trust are required … C.L. Pangarkar, in view of conflicting decisions, also referred following issues to the larger Bench for determination:(1) Whether Section 47 of the Indian Trusts Act is applicable to a public trust and thus, limits the powers of the

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.

Nagar Wachan Mandir, Pandharpur, Through Its Chairman, President and a ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trust Act, 1882 - Sections 47 and 48; Societies Registration Act, 1860 - Sections 6; Bombay Rents, Hotel & Lodging Houses Rates Control, Act, 1947 - Sections 12(3)(a)

Reported in : 1994(2)BomCR251; 1994MhLJ280

as to costs. Trust and Societies - maintainability of suit - Sections 47 and 48 of Indian Trust Act, 1882, Section 6 of Societies Registration Act, 1860 and Section 2 (13) of Public Trust Act - all co-trustees must … per the provisions of Societies Registration Act so also it is registered under the provisions of Bombay Public Trust Act. Suit property in dispute is owned by the plaintiff-Society. It appears that the plaintiff-Trust held meeting of

Duli Chand Vs. Mahabir Pershad Trilok Chand Charitable Trust

Court : Delhi

Subject : Trusts and Societies

Acts : Trust Act, 1882 - Sections 47

Reported in : AIR1984Delhi144; 25(1984)DLT70; 1984(6)DRJ153

sense a legal entity. It is the trustees who are the legal entities. Section 48 of the Indian Trusts Act, 1882, states:- 'WHENthere are more trustees than one, all must join in the execution of the trust, except where … one, all must join in the execution of the trust, except where the instrument of tst otherwise provides.' Section 47 reads: 'A trustee cannot delegate his office or any of his duties either to a co-trustee or to

Can Bank Mutual Fund Vs. Nuclear Power Corporation of India

Court : Delhi

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Order 37, Rule 2 - Order 1, Rule 10

Reported in : I(2008)BC330; 2007(98)DRJ464

Sanjay Kishan Kaul, J.1. The plaintiff is a trust constituted under the Indian Trusts Act, 1882 (hereinafter referred to as the 'Trusts Act') with the primary object of conducting the business of mutual fund … mentioned in the plaint.21. Learned Counsel submitted that a trust can file a litigation within the meaning of Section 47 of the Trusts Act. The said provision is as under:47. Trustee cannot delegate - A trustee cannot delegate

Shyamabai and Others Vs. Madan Mohan Mandir Sanstha

Court : Mumbai Nagpur

Subject : Land Acquisition

substantial questions of law which are reproduced as under: “(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently whether all the trustees of such Public Trust are required … for eviction can be said to be a delegation in ‘regular course of business within the meaning of Section 47......or (b) of the Indian Trusts Act ? (iv) Whether in the absence of registration of a public trust,

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'

Shri Raimalbua Sansthan - Trust, a Registered Public Trust by Its Mana ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 47 and 48; Societies Registration Act, 1860 - Sections 2(13) and 6; Bombay Public Trusts Act; Code of Civil Procedure (CPC) - Order 31; Constitution of India - Article 227

Reported in : 2010(1)BomCR289

against this Shri Apte, learned Counsel appearing for respondents places heavy reliance upon two sections of the Indian Trusts Act, 1882. He relies upon Section 47 and 48 of the Act. Section 47 is as follows:A trustee cannot delegate

Mukund S/O Rambhau Pinjarkar Vs. Sarda Education Trust, Through Jugalk ...

Court : Mumbai

Subject : Tenancy

Acts : Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 19(1); Indian Trust Act, 1882 - Sections 47 and 48

Reported in : 1996(5)BomCR520

(1) (d) of Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 and Section 47 of Indian Trust Act, 1882 - whether application under Section 19 (1) (d) by Secretary of trust under delegated authority maintainable - under … in revision before the Maharashtra Revenue Tribunal.3. Sarda Education Trust is a Public Trust under the Bombay Public Trusts Act, 1950 (hereinafter referred to as the 'Trust'). The said Trust has six trustees and it owns agricultural lands

Prem Prakash Johar Vs. His Highness Sri Maharaja Vibhuti NaraIn Singh ...

Court : Allahabad

Subject : Tenancy

Acts : Transfer of Property Act, 1882 - Sections 106; Trust Act, 1882 - Sections 47; Code of Civil Procedure (CPC) , 1908 - Sections 100

Reported in : AIR1989All51

Tenancy - notice by attorney - Section 106 of Transfer of Property Act, 1882 and Section 47 of Trusts Act, 1882 - lease deed in respect of property owned by religious trust - issued through its lawyer - notice