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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 … humbly advise His Majesty that this appeal should be dismissed with costs. Transfer of Property Act (IV of 1882), Section 54 - Indian Registration Act (XVI of 1908), Section 17 (1) (a)-Presidency-towns Insolvency Act (III of 1909), Section 52-Indian

Kodapalli Satyanarayana Vs. Kondapalli Mavullu and Others

Court : Andhra Pradesh

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 40 and 54; Indian Trust Act, 1882 - Sections 91; Specific Relief Act - Sections 27

Reported in : 1999(2)ALD175; 1999(2)ALT79

under Sections 40 and 54 of the Transfer of Property Act as also Section 91 of the Indian Trusts Act, 1882. Section 40 of the Transfer of Property Act reads:'Burden of obligation imposing restriction on use of land -- Where,

AllauddIn Charities and Zakath Wakf Vs. Hameed Ali and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Constitution of India - Article 226; Wakf Act, 1995 - Sections 4, 4(3), 5, 6, 6(1), 6(4), 7, 7(1), 8(1), 25, 40(1), 40(3), 40(4), 54, 54(1), 54(3), 54(4), 55, 77, 83, 83(4), 83(5), 83(9), 84 and 85; Indian Trusts Act, 1882; Societies Registration Act, 1860; Code of Civil Procedure (CPC), 1908

Reported in : 2002(1)ALD67; 2002(2)ALT534

any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, … dismissed being not maintainable as the petitioners had an effective alternative remedy of appeal before the Tribunal under Section 54(4) of the Act. He would further urge that thestatutory authority recorded a finding that the petitioners are encroachers

Export Credit Guarantee Corporation of India Ltd. Vs. T. Mathew the Se ...

Court : Mumbai

Subject : Land Acquisition

the alleged revisionary rights in the property. Reliance is placed on section 107 of the Transfer of Property Act, 1882 in support of the plea that the said agreement was an unregistered agreement and was barred under the … relationship before the plaintiff could exercise right of reversion. Paragraphs 2 of the said judgment reads thus:- 2. Section 54 of the Transfer of Property Act provides that, in the case of tangible Immovable property of a value … the parties are as under: 2. Defendant Nos.1 to 3 are the trustees of a private family trust known as PTM Family Trust incorporated under

Crown Re-rollers Pvt. Ltd. Vs. the Orissa State Financial Corporation ...

Court : Orissa

Subject : Civil

Acts : State Financial Corporations Act, 1951 - Sections 29, 29(1) and 29(4); Transfer of Property Act, 1882 - Sections 54, 55(4), 57, 69, 69(4), 69A, 69A(1) and 69A(3); Indian Contract Act, 1872 - Sections 172 to 177; Indian Trust Act, 1982 - Sections 11, 17 and 23

Reported in : AIR2005Ori92

of the borrower given by way of security to the Financial Corporation on deferred payment basis also because Section 54 of the Transfer of Property Act, 1882 defines 'sale' to include not only a transfer of ownership in … sale proceeds from the opposite party No. 4. He submitted that Section 69(4) of the Transfer of Property Act, 1882 is similar to Section 29 of the Act and provides Chat the money which is received by the … is received by the mortgagee is to be held by him in trust to be applied by him first, in payment of all costs, charges

Hiralal Agarwala Vs. Bhagirathi Gore and ors.

Court : Kolkata

Subject : Property

Acts : Specific Relief Act, 1963 - Section 15; ;Trusts Act, 1882 - Section 91; ;Transfer of Property Act, 1882 - Sections 53A and 54; ;Code of Civil Procedure (CPC) , 1908 - Section 100; ;Registration Act, 1908 - Section 17(2)

Reported in : AIR1975Cal445

2. 19. To obviate that difficulty, Mr. Acharya has drawn our attention to Section 91 of the Indian Trusts Act, 1882. To understand, the implication of the submissions of Mr. Acharya in this regard, we quote that section here:-- … the judgment-debtor had at the time of execution. 17. Let us now turn to the relevant provision of Section 54 of the Transfer of Property Act. Reference may be made to the following part of that section. It

Christine Pais Vs. K. Ugappa Shetty and anr.

Court : Karnataka

Subject : Property

Acts : Transfer of Property Act - Sections 54, 55 and 55(4); Indian Trusts Act, 1882 - Sections 91 and 95; Specific Relief Act - Sections 19

Reported in : AIR1966Kant299; AIR1966Mys299; (1965)2MysLJ692

for the applicability of equitable principles or of the provisions of Ss. 91 and 95 of the Indian Trusts Act, 1882, to the case. He submitted that Section 19 of the Specific Relief Act is itself a bar to … LJ (Andh) 11. Janardan Kishore Lal v. Girdhari Lal. : AIR1957Pat701 Reliance also was placed by him on section 54 of the Transfer of Property Act. He stoutly maintained that title and ownership in an immovable property is

A.K. Lakshmipathy (Died) by Lr and ors. Vs. Rai Saheb Pannalal Hiralal ...

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Urban Land (Ceiling and Regulation) Act, 1976 - Sections 19(1); Indian Trusts Act, 1882 - Sections 46, 47 and 48; Specific Relief Act, 1963 - Sections 11(2), 13, 13(1) and 16; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987; ;Transfer of Property Act, 1882 - Sections 54, 55, 55(1), 55(2) and 55(6); Specific Relief Act, 1877 - Sections 18; Contract Act, 1872 - Sections 55 and 74

Reported in : 2005(5)ALD658; 2005(6)ALT238

suit agreement is void and unenforceable under the provisions of Sections 46, 47 and 48 of the Indian Trusts Act, 1882 read with Section 11(2) of the Specific Relief Act.5. The plaintiffs also filed rejoinder denying various counter allegations … covenanted property, the law also requires the buyer to verify the title before the sale is finalized under Section 54 of the TP Act and if any defect is found in the title, which is passed on, the

Soni Lalji Jetha and ors. Vs. Soni Kalidas Devchand and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 91; Transfer of Property Act, 1882 - Sections 40 and 54

Reported in : AIR1967SC978; [1967]1SCR873

which is recognised by section 3 of the Specific Relief Act, 1877 and section 91 of the Indian Trusts Act, 1882. Section 3 of the Specific Relief Act defines an 'obligation' as including every duty enforceable by law and a … contract and the person agreeing to purchase the property thereunder does not acquire any interest in the property. Section 54 of the Transfer of Property Act in terms provides that such a contract of sale does not create

Marina Appa Rao and ors. Vs. Marina Veeranna

Court : Chennai

Subject : ContractProperty

Acts : Transfer of Property Act, 1882 - Sections 40 and 54; Trusts Act, 1882 - Sections 91; Specific Relief Act, 1877 - Sections 27

Reported in : AIR1953Mad409; (1952)2MLJ166

prior agreement of sale - Sections 40 and 54 of Transfer of Property Act, 1882, Section 91 of Trusts Act, 1882 and Section 27 of Specific Relief Act, 1877 - whether sale deed executed by original owner in favour