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Excel Dealcomm Private Limited Vs. Asset Reconstruction Company (India ...

Court : Kolkata

Subject : Education

why whether the fourth defendant had notice was not averred. Then he cites Section 91 of the Indian Trusts Act, 1882. He argues that the fourth defendant had notice of the earlier transaction of the first defendant with the … a decision of the Division Bench of this Court which says that in addition to the protection under Section 52 of the Transfer of Property Act an order of injunction may be required to be passed by the

R. Sai Bharathi Vs. J. Jayalalitha and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Companies Act, 1956; Indian Stamp Act - Sections 47A; Indian Penal Code (IPC) - Sections 43, 109, 119, 120B, 169, 175, 176, 177, 179, 181, 191, 202, 221, 222, 223, 225, 405, 409 and 420; Prevention of Corruption Act - Sections 13(1) and 13(2); Prevention of Undervaluation of Instruments Rules - Rules 2, 3, 4, 6 and 7; Tamil Nadu Stamp Act; Indian Trust Act, 1882 - Sections 52; Transfer of Property Act, 1882 - Sections 136; Code of Civil Procedure (CPC) - Order 21, Rule 73; Constitution of India - Articles 73, 136, 154, 162 and 309; Railways Act, 1989 - Sections 189; Cattle Trespass Act, 1871 - Sections 19; Code of Criminal Procedure (CrPC) - Sections 481

Reported in : 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9

a loss to public or not. In this context, the provisions of Section 52 of the Indian Trust Act 1882, Section 136 of the Transfer of Property Act, 1882 and Order XXI, Rule 73 CPC are brought to our … an order of court, or by any fiduciary obligation imposed on a public servant by the law of trusts or otherwise. The words 'legally bound' do not necessarily only mean the law made by the legislature or

Paradeep Phosphates Ltd. Vs. Board of Trustees, Paradeep Port Trust

Court : Orissa

Subject : Property

Reported in : AIR2009Ori114

occasions to the transferor by the transferee, who accepts the transfer on such terms.'Licence' has been defined under Section 52 of the Indian Easements Act, 1882 to mean a grant by one person to another or to a … paragraph 7, which is quoted below:7. 'Lease' has been defined under Section 105 of the Transfer of Property Act, 1882 relevant portion whereof reads thus:Section 105. Lease defined - A lease of immovable property is a transfer of … Paradeep Phospates Ltd. (hereinafter referred to as 'PPL') (Petitioner) and Paradeep Port Trust (hereafter referred to as 'PPT') (Opposite party). In terms of the said

M.E. Moolla Sons Limited Vs. the Official Assignee

Court : Mumbai

Subject : Property

Reported in : (1936)38BOMLR1011

property ' according to the law of India. It is further to be observed that by the Indian Trusts Act (II of 1882), Section 5, conformably to the general scheme of the other statute:-No trust in relation to … year.24. The remaining contentions of the appellants may be shortly considered. In view of the fact that by Section 52 (1) (a) of the Presidency-towns Insolvency Act, III of 1909, the property of an insolvent does not comprise

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 … his own profit or for any other purpose unconnected with the trust, and the equally important prohibition in Section 52 that the trustee may not, directly or indirectly, buy the trust property on his own account or as

Smt. Shashi Kanta and Others Vs. Smt. Sadhna Midha and Others

Court : Delhi

Subject : Property

Acts : Limitation Act - Sections 5; Code of Civil Procedure (CPC), 1908 - Sections 47 and 151 - Order 7, Rule 11 - Order 9, Rule 13 - Order 39, Rules 1, 2 and 4 ; Transfer of Property Act, 1882 - Sections 52

Reported in : 94(2001)DLT111

plaintiff was hit by the doctrine of lis pendens enshrined in Section 52 of the Transfer of Property Act, 1882 inasmuch as all the alienation qua the Suit property has taken place during the pendency of the Suit … executable as held by Apex Court in the case of Gowrishankar and another versus Joshi Amba Shankar Family Trust and others : [1996]2SCR949 . It was his submission that after the father oft he defendants 1 and

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 … 12.12.1948. In those circumstances, we agree with the conclusion of the High Court that in O.S. No. 120/51- 52 brought by the appellant was very much for seeking satisfaction of claims arising under the suit schedule property

Prakash Gobindram Ahuja Vs. Ganesh Pandharinath Dhonde and Others

Court : Mumbai

Subject : Land Acquisition

present assignment, before the learned Single Judge for hearing of the Appeal. Indian Registration Act Transfer of Property Act, 1882 Section 52 Code of Civil Procedure, 1908 Order XXI Rule 100 Re-examination of issue The Single Judge, before whom Appeal … Vijayalakshmi Leather Industries Vs. K. Narayanan, Lalitha, AIR 2003 Mad 203. 22. Silverline Forum (P) Ltd. v. Rajiv Trust , 1998 DGLS (soft) 378 : 1998 (3) SCC 723. 23. Rukhana Enterprises v. Ashoka Marketing Ltd. ,

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 … Executor & Trustee Co. v. Morrison, 1943 Ch 300 & Davies v. Mackintosh, ( 1957) 3 All ER 52 which were both cases in which the doctrine of acceleration was applied to testamentary dispositions. In the Midland

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

Subject : Education

trustee, the “owner” must, their Lordships think, be the trustee. This is the view embodied in the Indian Trusts Act, 1882: see Ss. 3, 55, 56, etc., .. they think that the question is of no importance in the … be constructive as well. Section refers to both express or constructive trust. 52. A distinction may be drawn between express trusts and trusts arising by … of the trial Court on issue Nos.12, 21, 23 and additional issue No.6. 2. The suit file under Section 92 of CPC is for settling a scheme for the proper and due administration and management of the