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Vajubhai Patel and anr. Vs. Charity Commissioner, Maharashtra State an ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 50 and 51; Limitation Act 1963 - Sections 50 and 51; Bombay Public Trusts Act, 1950 - Sections 2(8), 2(20), 36A(3) and 41D; Evidence Act, 1872 - Sections 3; Constitution of India - Articles 226 and 227; Maharashtra Public Trusts (Amendment) Act, 1971

Reported in : 1990(2)BomCR702

profit from then trust. By accepting employment they had contravened sections 50 and 51 of the Indian Trust Act, 1882 (I.T.A.). This was violative of sub-sections (c), (d) and (e) of section 41D(1) of the B.P.T.A. Mr. Setalvad, … verdict of the Charity Commissioner (CC) in a proceeding under section 41-D r.w. 41-E of the Bombay Public Trusts Act, 1950 (B.P.T.A.).2. Basic education is one of the many concepts which this country owes to Mahatma Gandhi. To

Raisinh P. Bhoi Vs. Dineshbhai Keshavbhai Patel

Court : Gujarat

Subject : Trusts and SocietiesService

Acts : Bombay Public Trusts Act, 1950 - Sections 20, 41(A) and 50; Societies Registration Act, 1860; Indian Trust Act, 1882 - Sections 20

Reported in : (2000)3GLR15

with the Suits relating to public trusts and the provisions of S. 50 are of enabling nature so as to cloth the Charity Commissioner with … No.24/99. The dispute relates to Charotar Education Society, which is a public trust registered under the Bombay Public Trusts Act, 1950. This Trust is also a Society registered under the Societies Registration Act, 1860. The petitioners Nos.1 and … permanent funds of the Society excluding Government and other Securities prescribed in Section 20 of the Indian Trust Act, 1882, shall be vested in the Board of Trustees consisting of 2 members, who shall be elected from amongst

Sanjay Gupta, and ors. Vs. the Corporation of Chennai, and ors.

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10 - Sections 92(1), 92 ; Transfer of Property Act, 1882 - Section 108(j) ; Bombay Public Trusts Act, 1950 - Sections 50, 80 ;

trust having similar objects, applying if necessary, the cy pres doctrine. 51. But Section 77 of the Indian Trusts Act, 1882, lists out four circumstances in which a Trust will get extinguished. They are (i) when its purpose is … having an interest in the Trust. Consequently, the suit was maintainable only if it satisfied the requirements of Section 50 of the Bombay Public Trusts Act, 1950. Section 50 of the said Act, is more elaborate than Section

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 … Company v. Princes Fatima Fouzia and Ors. AIR 1980 SC 17 : (1979) 4 SCC 602; and (6) L. Shivalingaiah and Anr. v. Ananda Social and Education Trust and Anr. : ILR1985KAR1950 .22. Relying upon the aforesaid

Janardan Dagdu Khomane Vs. Eknath Bhiku Yadav .

Court : Supreme Court of India

Subject : Land Acquisition

“deemed to have been registered” is neither defined in the Public Trusts Act nor defined in the Indian Trusts Act, 1882. Section 28 of the Public Trusts Act provides: “28. enactment specified in Schedule Public trust previously registered under the … petition, the High Court has relied upon two earlier decisions of the Bombay High Court, Laxminarayan Temple vs. L.M. Chandore1 and Chhatrapati Charitable Devasthan Trust vs. Parisa Appa Bhoske and others2.21. The High Court found that the

Dharam Das Vs. Bishun Narain

Court : Allahabad

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 2 and 50; Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951; Trusts Act, 1882 - Sections 90

Reported in : AIR1973All376

legal representative of debtor - held, survivors cannot be sued. (ii) Ownership of Property - Section 90 of Trusts Act, 1882 - person obtains ownership of property under statutory provision - held, property in his own right and not … under Sub-clause (ii) of Section 2 of the Code of Civil Procedure. Relying on the principle contained in Section 50 of the Civil Procedure Code the learned counsel contended that the suit against the defendant No. 2 in

Devlakshmi Harisukh Vahalia and ors. Vs. Vishwakanth P. Bhatt

Court : Mumbai

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 9

Reported in : AIR1972Bom103; (1971)73BOMLR594; 1972MhLJ37

deed executed by Kasturbai was valid in view of the provision contained in Section 58 of the Indian Trusts Act, 1882, which provided that the beneficiary, if competent to contract, could transfer his interest that by executing the said … Division Bench of this court in the case of Commissioner of Income-tax v. Lady Ratanbhai Mathuradas 1967-68 ITR 504), but in the judgment in that case the application of the doctrine of acceleration appears to have been

Saiyad Mohammad Bakar El-edroos (Dead) by Lrs. Vs. Abdulhabib Hasan Ar ...

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 35, 36, 37, 39, 40, 41(A and B), 47A, 50, 50A, 69 and 72(1); Bombay Public Trusts Act, 1951 - Rule 7; Presidency Small Causes Courts Act, 1882 - Sections 6 and 9; Provincial Small Cause Courts Act, 1887; Legal Practitioners Act, 1879 - Sections 6 and 15

Reported in : 1998IIIAD(SC)257; AIR1998SC1624; 1998(4)ALLMR(SC)82; (1998)2GLR1781; JT1998(3)SC76; (1998)IIIMLJ141(SC); 1998(2)SCALE621; (1998)4SCC343; [1998]2SCR648

Misra, J.1. The short question for consideration is, whether the proceedings under Section 50A of the Bombay Public Trusts Act, 1950 would abate for the non-substitution of one of the applicants since deceased, and whether the Charity Commissioner … have been otherwise. Submission is this, Rule 7 read with Section 6 of the Presidency Small Causes Courts Act, 1882 (hereinafter referred as '1882 Act') makes it obligatory on the Charity Commissioner to follow the procedure as prescribed … to be seen what is the proceeding before him? What is prerequisite before he could initiate proceedings under Section 50 of the Act?Section 50A(1)(2) and (3) is quoted hereunder:-'(1) Notwithstanding anything contained in Section 50, where the Charity

M.R. Satwaji Rao (D) by L.Rs. Vs. B. Shama Rao (Dead) by L.Rs. and ors ...

Court : Supreme Court of India

Subject : Property

Acts : Limitation Act, 1963; Transfer of Property Act, 1882 - Sections 58, 60 and 83; Indian Trusts Act, 1882 - Sections 83 and 90; Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 21, Rule 92 - Order 34, Rule 14

Reported in : AIR2008SC2328; JT2008(5)SC557; 2008(6)KarLJ1; 2008(3)KLT265(SC); (2008)5MLJ406(SC); 2008(6)SCALE554; (2008)5SCC124; 2008AIRSCW3833

suit notwithstanding anything contained in Order II, Rule 2.It is useful to refer Section 90 of the Indian Trusts Act, 1882 which reads as under:Section 90 - Advantage gained by qualified owner.- Where a tenant for life, co-owner, mortgagee

Ashidbai Vs. Abdulla Haji Mahomed

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1906)8BOMLR652

absence of that power and its effect were not duly explained to the settlor.;Section 53 of the Indian Trusts Act 1882 strikes at transactions entered into by a trustee for his own profit after he has accepted the trust … some other person. Accordingly in Mahammadumssa Begum v. J.G. Bachelor ILR (1905) 29 Bom. 428 : 7 Bom. L.R. 477 where some Mahomedan relatives of certain minors joined in relinquishing their respective shares by a deed in