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R.B. Seth Jessaram Fatehchand Vs. Om NaraIn Tankha and anr.

Court : Supreme Court of India

Subject : CommercialContract

Acts : Indian Companies Act - Sections 230(1) and 282-B; Indian Trust Act, 1882 - Sections 51

Reported in : AIR1967SC1162; 1967(0)BLJR752; [1967]37CompCas204(SC); [1967]2SCR429

the conclusion that anything in the nature of trust was not intended, for generally speaking in view of section 51 of Indian Trust Act, (No. 2 of 1882) a trustee cannot use or deal with the trust property … security deposit along with interest. It was also prayed that the Mills held the amount of deposit as trustee and in consequence the appellant was entitled to priority with respect to the amount of Rs. 50,000/-. In

Shri Kanhaiya Lal Khatak Vs. Shri Manohar Lal and ors.

Court : Punjab and Haryana

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 51

Reported in : AIR2002P& H43

they should be treated as head of the sect.9. It was submitted that Section 51 of the Indian Trusts Act, 1882 (hereinafter referred to as 'the 1882 Act') prohibits the use of Trust property or dealing with Trust property

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

M.V. Ramasubbiar and ors. Vs. Manicka Narasimachari and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 49, 51 and 52

Reported in : (1979)2SCC65; [1979]2SCR1177; 1979(11)LC284(SC)

plaintiffs have come up in appeal to this Court.3. It is not indispute before us that the Indian Trusts Act, 1882, hereinafter referred to as the Act, applied to the trust in question and that it was necessary for … control of the trustee's discretionary power prescribed by Section 49 of the Act and the prohibition contained in Section 51 that the trustee may not use or deal with the trust property for his own profit or for

Lalta Prasad Vs. Brahmanand and ors.

Court : Allahabad

Subject : Trusts and SocietiesProperty

Acts : Hindu Law; Trusts Act, 1882 - Sections 1; Evidence Act, 1872 - Sections 115; Transfer of Property Act, 1882 - Sections 2 and 51

Reported in : AIR1953All449

document in writing Shyam Lal could not create a trust of the buildings made by him. Section 5, Trusts Act (2 of 1882) lays down the method for creating a trust of immoveable property, but it is provided … ipso facto, operate against the respondent. 14. Learned counsel for the appellant next contended that the principle of Section 51, T. P. Act, should be applied to this case. This section runs as follows: 'When the transferee of

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

Century Textiles and Industries Ltd. Vs. Nusli Neville Wadia, of Mumba ...

Court : Mumbai

Subject : Land Acquisition

inherent jurisdiction to entertain and try this Originating Summons in view of Section 80 of the Bombay Public Trusts Act, 1950; (III) Whether the Originating Summons is not maintainable as the Plaintiff had not obtained the permission of … would be appropriate to note the relevant statutory provisions of Section 41 of the Presidency Small Cause Courts Act, 1882 (for short "PSCC Act") having bearing on these questions. Section 41 of PSCC Act reads thus: Section 41(1) … Originating Summons is not maintainable as the Plaintiff had not obtained the permission of the Charity Commissioner under Section 51 of the BPT Act to file it; and (IV) Whether the Originating Summons is barred by limitation. The

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

Hargovindbhai Dahyabhai Patel Vs. Prabhudas Raichand Sanghani

Court : Gujarat

Subject : Civil

Acts : Constitution of India; Bombay Public Trusts Act, 1950 - Sections 37(2), 50, 51 and 51(1); Indian Trusts Act, 1882; Public Trusts Act - Sections 2(2)

Reported in : (2000)2GLR51

the words, 'breach of trust' are nowhere defined in the Act but under sub-section (3) of the Indian Trusts Act, 1882, the same have been defined and according to Section 2(2) of the Public Trusts Act, the words and … or refusing the permission. The words, 'after making such inquiry as he deems fit' as they occur in Section 51 of the Act show that the Charity Commissioner is required to adopt a judicial procedure for deciding the

Digambar Pralhad Jot and ors. Vs. Satyanarayan Biharilal Zunzunwala an ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 2(10), 19, 22, 22A, 28, 29, 36, 39, 41D, 41E(3), 43(2), 47, 50, 50A, 51, 51(1), 54(3) and 79AA(2); Constitution of India - Articles 226 and 227; Societies Registration Act, 1860; Presidency Small Cause Courts Act, 1882; Provincial Small Cause Courts Act, 1887; Bombay Public Trust Rules, 1951

Reported in : AIR1978Bom196

Nagpur who is empowered with the powers of the Charity Commissioner under Section 51 of the Bombay Public Trusts Act, 1950, referred to hereinafter as the Act, granting permission to the respondents Nos. 1 to 12 to file … Region in accordance with the Procedure prescribed for the trial of suit under the Presidency Small Cause Courts Act, 1882, and elsewhere under the Provincial Small Cause Courts Act, 1887. In any inquiry a party may appear in