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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

Parbati Gangaram Aggarwal Vs. Firm Jai Ram Dass Bhagat Ram and anr.

Court : Punjab and Haryana

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Order 21, Rules 58 and 63; Transfer of Property Act - Sections 53; Indian Trusts Act, 1882 - Sections 82

Reported in : AIR1962P& H185

A. In this respect the general rule of the Indian law, which is laid down in the Indian Trusts Act, 1882, section 82 differs but little, if at all, from the general rule of English law on the subject. In … the appellants. Both of these decisions deal with cases where a plea of defeating or delaying creditors under Section 53 of the Transfer of Property Act was the subject-matter of discussion.In the first case, it has been laid

Chogmal Bhandari and ors. Vs. Deputy Commercial Tax Officer, Ii Divisi ...

Court : Supreme Court of India

Subject : Commercial

Acts : Transfer of Property Act, 1882 - Sections 53

Reported in : AIR1976SC656; (1976)3SCC749; [1976]3SCR325; [1977]40STC207(SC)

debts of their creditOrs.6. Such an object cannot be said to be unlawful. Section 4 of the Indian Trusts Act, 1882, runs thus:4. A trust may be created for any lawful purpose. The purpose of a trust is lawful … raised by Mr. Ram Reddy, the learned Counsel for the respondent, was that the trust is hit by Section 53 of the Transfer of Property Act, 1882, the relevant portion of which runs thus :53. (1) Every transfer

Shri Man Mohan Batra Vs. Shri Bharat Bhushan Batra and Others

Court : Delhi

Subject : Land Acquisition

Agreement to Sell when the same is of the nature of Section 53A of the Transfer of Property Act, 1882. 9. Rights are conferred by means of the usual documents being an Agreement to Sell, Power of Attorney … Agreement to Sell when the same is of the nature of Section 53A of the Transfer of Property Act, 1882. 9. Rights are conferred by … registered the document on 26.5.95 and even if it is presumed for the sake of arguments that he trusted his elder brother and executed the documents hoping to receive the consideration in near future, even then in

Dalip Kumar Gupta vs.kushal Chand Garg & Ors

Court : Delhi

Subject : Land Acquisition

trial Court also rejected the appellant’s submissions that the suit was hit by section 53 of the Indian Trusts Act, 1882 or by Section 11 and 18 of the Religious Endowments Act, 1863. The Court also came to a

S. Mohammad AnwaruddIn Vs. Sabina Sultana and ors.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 281A; Benami Transactions (Prohibition) Act, 1988 - Sections 4

Reported in : [1989]179ITR442(AP)

or any law relating to transfers for an illegal purpose. Section 4 repealed section 82 of the Indian Trusts Act, 1882, section 66 of the Civil Procedure Code, 1908, and section 281A of the Income-tax Act, 1961. 3. The Ordinance … he stands in such capacity. Section 3 declared that the said Ordinance shall not affect the provisions of section 53 of the Transfer of Property Act, or any law relating to transfers for an illegal purpose. Section 4

M. Govindarajan and ors. Vs. the Indian Overseas Bank, Pondicherry by ...

Court : Chennai

Subject : Property

Reported in : (1993)1MLJ189

the Ordinance. Section 7(1) of the Act provides for repeal of Sections 81,82 and 94 of the Indian Trusts Act, 1882, Section 66 of the Code of Civil Procedure, 1908 and Section 281-A of the Income Tax Act, 1961. Section … 3 of the Ordinance contained a provision to the effect that nothing therein shall affect the provisions of Section 53 of the Transfer of Property Act, 1882 (4 of 1882) or any law relating to transfers for an

Steuart and Co. Ltd. Vs. C. Mackertich

Court : Kolkata

Subject : Tenancy

Acts : Companies Act, 1913 - Section 263; ;Evidence Act, 1872 - Section 115; ;Transfer of Property Act, 1882 - Sections 53A, 106, 107 and 108; ;Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2

Reported in : AIR1963Cal198

of the premises on account of defendant company. 13. Mr. Mitra has referred to Section 56 of the Trusts Act, 1882 which provides that trustees may transfer property which they held on account of beneticiaries, to sucn beneficiaries, and … to accept the position that the partners were at any time trusees on account of the defendant company, Section 53 of the Trusts Act can have no application to the facts of the present case. 14. Mr. Mitra

Avitel Post Studioz Limited and Ors. Vs. Hsbc Pi Holding (Mauritius) L ...

Court : Supreme Court of India

Subject : Arbitration

of civil disputes, a seventh category has been added, namely, disputes arising under trust deeds governed by the Trusts Act, 1882. Here, it was held that a consideration of the Trusts Act would show that the intention of the … fraud as distinguished from misrepresentation which is not fraudulent”. (see pp. 476-477) 53 cheating. However, a distinction is made between a contract being obtained by … by HSBC PL Holdings (Mauritius) Ltd. [“HSBC”]., impugn the interlocutory judgment and order passed in the appeal under section 9 of the Arbitration and Conciliation Act, 1996 [“1996 Act”]. dated 31.07.2014. To dispose of the said appeals,

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Subject : CivilElection

Acts : Wakf Act, 1995 - Sections 3, 3(1), 5(1), 10, 13, 13(2), 14, 14(1), 15, 16, 23, 25, 26, 32, 32(1), 32(4), 32(5), 50 to 53, 64, 65 and 109; Wakf Act, 1954 - Sections 6; Wakf (Amendment) Act, 1984 - Sections 10, 66G and 66H; Wakf (Amendment) Act, 1959; Wakf (Amendment) Act, 1964; Wakf (Amendment) Act, 1969; Mussalman Wakf Validating Act, 1913; Mussalman Wakf Validating Act, 1930; Religious Endowments Act, 1863; Shariath Application Act, 1937; Shri Jagannath Temple Act, 1954 - Sections 28B and 28C(9); Dargah Khawaja Saheb Act, 1955; Wakf Act, 1913; Official Trustees Act, 1913; Charitable Endowments Act, 1890; Madras Hindu Religious and Endowments Act, 1927; Madras Hindu Religious and Endowments Act, 1951; Indian Trusts Act, 1882; Bengal Wakf Act, 1934; Andhra Pradesh Charitabl

Reported in : 2010(1)ALT112

from the foundations of the Hindu and the Mahommedan systems that the Indian Legislature in enacting the Indian Trusts Act (II of 1882) deliberately exempted from its scope the rules of law applicable to wakf and Hindu religious … not possess under the deed of wakf. Inalienability of wakf property is completely destroyed by such provisions. Further, Section 53 of the Act puts restriction on the power of Mutawalli to purchase any property, which is unintelligible. Section