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Commissioner of Income-tax Vs. Trustees of H.E.H. the Nizam's Dependan ...

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 5, 6 and 10(2); Transfer of Property Act; Mohamedan Law; Gift Tax Act - Sections 15(1)

Reported in : [1983]139ITR517(AP)

the Revenue are with regard to the validity of the trust. Sections 5 and 6 of the Indian Trusts Act, 1882, which deal with the creation of a valid trust, read as under .. '5. Trust of immovable property.--No … where they would operate so as to effectuate a fraud. 6. Creation of trust.--Subject to the provisions of Section 5, a trust is created when the author of the trust indicates with reasonable certainty by any words or

Commissioner of Wealth Tax Vs. Devar Kavasji T. Modi Executors and Tru ...

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5(1); Indian Trusts Act, 1882 - Sections 5 and 6

Reported in : (2004)187CTR(Guj)148; [2004]268ITR175(Guj)

dispute about the legal proposition that creation of a valid trust is a matter governed by the Indian Trusts Act, 1882. Sections 5 and 6 thereof are relevant and read as under:'5. Trust of immovable property : No trust … charitable trust had been validly created by the will executed by the deceased and as such exemption under Section 5(1)(i) was allowable?'2. We have heard Mrs. Mona Bhatt, learned standing counsel for the Revenue. Though served, none appears

C.i.T.-iii Vs. the Baroda Peoples Co-op. Bank Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80A, 80A(1), 80A(2), 80AB, 80B(5), 80P, 80P(2), 80 to 80U to 80VV; Gujarat Co-operative Societies Act, 1961 - Sections 2(7), 2(19), 2(24), 4, 5, 12A, 14, 28, 29, 43D, 65, 66, 67, 67(2), 67(3), 71, 71(1); Banking (Regulations) Act, 1949 - Sections 5, 6, 6(1), 6(2) and 8; Imposition of Ceiling on Land Holdings Act, 1960; Indian Trusts Act, 1882 - Sections 20; Indian Trusts Act, 1882; Income Tax Act, 1922 - Sections 14(3); Constitution of India - Articles 14 and 141

Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)

arose as to whether investment, of sums appropriated to the contingencies reserve, in securities authorised under the Indian Trusts Act,1882 and income derived by way of interest therefrom was attributable to profits and gains of the business of … be allowable. Elaborating on the submission, it was contended that the assesee cannot take recourse to provisions of Section 5(b) read with Section 6(1)(a) of the Banking (Regulations) Act,1949 (the B.R. Act), because the Apex Court was aware

Commissioner of Income-tax Vs. T.A.V. Trust

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 160(1) and 161; Indian Trusts Act, 1882 - Sections 5 and 7

Reported in : (1987)65CTR(Ker)170; [1987]166ITR848(Ker)

valid trust came into existence by reason of non-compliance with the provisions of Section 7 of the Indian Trusts Act, 1882 ('the Trusts Act'). The Officer also found that, in relation to certain immovable properties alleged to be in … no valid trust by reason of the absence of a registered document transferring those properties as required under Section 5 of the Trusts Act. The assessee appealed to the Appellate Assistant Commissioner who by his order dated March

Controller of Estate Duty Vs. Smt. S.M. Muthukaruppi Achi

Court : Chennai

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 5 and 10; Transfer of Property Act, 1882 - Sections 41; Indian Trusts Act, 1882 - Sections 82

Reported in : [1977]109ITR345(Mad)

we may refer to two statutory provisions relating to 'benami transactions '.14. Under Section 82 of the Indian Trusts Act, 1882, the benamidar shall hold the property for the benefit of the person paying the consideration unless the person … the real owner, could not be said to be competent to dispose of those assets. It further held :'Section 5 is the charging section and Sections 6 to 17 are merely various categories of properties which could be

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 … The Trial Court after considering the evidence let in by the parties held issues 1 to 3 and 5 in affirmative, issue 4 as does not arise for consideration and issue 6 in negative and decreed the

Raja Sir M.A. Mutthiah Chettiar Vs. Commissioner of Income-tax, Madras

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 3; Indian Income-tax Act, 1922 - Sections 6, 9 and 22; Income Tax Act, 1961; Indian Succession Act - Sections 57; Transfer of Property Act - Sections 5, 122 and 123; Registration Act; Indian Stamp Act, 1899 - Sections 99

Reported in : (1984)38CTR(Mad)76; [1984]148ITR532(Mad)

being one made to a living person must, however, comply with the requirement of this section. The Indian Trusts Act, 1882, does not apply to public or private religious or charitable endowments.' 14. It is thus well established that … Transfer of Property Act, there being no transfer of property to a `living person' within the meaning of section 5 of that Act. See Gangi Reddi v. Tammi Reddy ILR [1927] Mad 421, Sooniram Ramniranjandass v. Alagu Nachiyar

K. Panchapagesa Ayyar and anr. Vs. K. Kalyanasundaram Ayyar and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Registration Act, 1908 - Sections 17 and 49; Code of Civil Procedure (CPC) , 1908; Transfer of Property Act, 1882 - Sections 5; Hindu Law; Arbitration Act, 1940 - Sections 5; Trusts Act, 1882 - Sections 92

Reported in : AIR1957Mad472

Indian Trusts Act, 2nd Edn. (1954),pp. 626 and 626; E. B. Powell, Govt. Pleader, HighCourt, Madras, The Indian Trusts Act, 1882 (1908)pp. 338-340). 39. Bearing these principles in mind, we shall examine the acquisition made by the first defendant … 1st defendant. Property - partition - Sections 17 and 49 of Registration Act, Code of Civil Procedure, 1908, Section 5 of Transfer of Property Act, 1882, Hindu Law, Section 5 of Arbitration Act, 1940 and Section 92 of

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 … 6.8.2009 passed in Second Appeal No. 116/1998 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 … sense. (See B.K. Mukherjea on Hindu Law of Religious and Charitable Trusts, 5th Edn. By A.C. Sen, pp. 102-103).The above referred observations of the Apex

Govind Ram Vs. Madan Gopal

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1945)47BOMLR612

called the said deed), was exempt from any requirement to be registered, notwithstanding that Section 5 of the Trusts Act, 1882, enacts that no trust in relation to immovable property is valid unless registered.6. The trial Judge decreed the