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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 … in C.C.C.A. No. 88 of 1993 and respondents in A.S. No. 673 of 1995 argued as follows. Under Section 55(1)(b) and (c) read with Section 55(2) of the Transfer of Property Act, 1882, a seller is bound to

Azizunissa Begum and anr. Vs. BasheeruddIn Babu Khan and ors.

Court : Andhra Pradesh

Subject : PropertyCivil

Acts : Andhra Pradesh Land Grabbing (Prohibition) Act, 1982 - Sections 2, 4, 8, 8(2) and 8(6); Court of Wards Act; Inams Abolition Act, 1955 - Sections 9; Urban Land (Ceiling and Regulation) Act, 1976; Income Tax Act, 1963; Transfer of Property Act, 1882 - Sections 55(1); Limitation Act 1963 - Sections 14; Constitution of India - Article 226

Reported in : 2008(4)ALD292; 2008(4)ALT614

site by execution of various documents in their favour. As per Section 55(1)(a) of the Transfer of Property Act, 1882, the respondents 3 to 22 and their predecessors-in-title cannot claim ignorance of the statutory embargos or claim to … the Special Court. Any sale deeds or other documents of conveyance are non-est and the criminal breach of trust by respondents 1 and 2 was by taking advantage of the position of the first respondent as a

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 … 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

A.S. Krishna Murthy S/O Late Srinivasan Vs. C.N. Revanna S/O C.R. Naga ...

Court : Karnataka

Subject : PropertyTrusts and Societies

Acts : Karnataka Rent Control Act, 1961 - Sections 21(1) and 31; Transfer of Property Act - Sections 106, 111 and 116; Indian Trust Act, 1882 - Sections 55, 56, 59 and 77; Code of Civil Procedure (CPC) - Sections 47 and 146 - Order 1, Rule 8 - Order 21, Rules 10 and 16 - Order 22, Rules 1, 2, 3, 4, 7, 8 and 10; Karnataka Schemes (Regulation) Rules, 1971 - Rule 6

Reported in : 2009(5)KarLJ454; 2009(4)AIRKarR486; AIR2009NOC2692(D.B)

Section 59 of the Trust Act in support of his submission. Under Section 59 of the Indian Trust Act, 1882 where no trustees are appointed or all the Trustees die, disclaim or are discharged, or where for any … the property so as to give the beneficiary his dues according to the provisions of the trust under Section 55 of the Trust Act or in a proper case to convey the properties to the beneficiary under Section … in law.12. learned Senior Counsel also adverted to Section 59 of the Trust Act to contend that there was non-compliance of the said provision in

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 … Court upheld the decision of the trial Court.The lower appellate Judge was of the view that provision of Section 55(4)(a) of the Transfer of Property Act was applicable to the case, that the title and the ownership passed

The Chief Controlling Revenue Authority, Madras Vs. P.A. Muthukumar

Court : Chennai

Subject : Trusts and Societies

Acts : Indian Stamp Act - Sections 2(24) - Schedule - Articles 55, 58 and 64; Indian Trusts Act, 1882 - Sections 3

Reported in : AIR1979Mad5

of the Act, for, they are not relevant for the purpose. According to Section 3 of the Indian Trusts Act, 1882, a 'trust' is an obligation annexed by the ownership of property, and arising out of a confidence reposed … a deed of settlement within the meaning of Sec. 2(24)(b) of the Indian Stamp Act, chargeable under Art. 55 of Schedule 1-B (sic) (1?) of the Act.5. The word 'settlement; has been defined in the Indian Stamp

Neo Trust Vs. Income-tax Officer

Court : Gujarat

Subject : Direct Taxation

TO HEREIN ABOVE:- 6.1 It is undisputed position that all Assessees are Trusts created by the Trust-Deed. In order to consider the question, we may … In order to consider the question, we may refer to the relevant statutory provisions under the Indian Trust Act 1882 (hereinafter referred to as the "Trust Act") and also the relevant provisions of Income Tax Act (hereinafter referred … save and except stated hereinafter. Chapter VI provides for the rights and liabilities of the beneficiaries. As per Section 55, the beneficiary has a right to the rent and the properties of the Trust. Section 56 provides for

T. Vijendradas and anr. Vs. M. Subramanian and ors.

Court : Supreme Court of India

Subject : PropertyMunicipal Tax

Acts : Tamil Nadu District Municipalities Act, 1920 - Sections 85 and 88; Indian Trusts Act, 1882 - Sections 88; Transfer of Property Act, 1882 - Sections 3, 52, 55(1), 58 and 100; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 9 - Order 21, Rules 66, 91, 92, 92(4) and 92(5) - Order 34, Rules 1 and 15; Constitution of India - Articles 136 and 142

Reported in : AIR2008SC563; 2008(1)ALLMR(SC)446; 2007(4)AWC4127(SC); (SCSuppl)2008(1)CHN33; 2008(1)MhLj508; 2007(12)SCALE1; (2007)8SCC751; 2007AIRSCW7575

position of the judgment-debtor 'Venugopal' being that of a trustee, as envisaged under Section 88 of the Indian Trusts Act, 1882 it was obligatory on his part to protect the interest of Sakunthala. Statutory Provisions:9. Sections 85 and 88 … bona fide and an attempt had been made to create evidence to cover up his fraud.Statutory application:12. Section 55(1)(g) of the Transfer of Property Act, 1882 envisages payment of taxes in respect of the property by the

income-tax Officer Vs. Rajasthan State Co-operative

Court : Income Tax Appellate Tribunal ITAT Jaipur

Subject : Direct Taxation

Reported in : (1986)19ITD840(JP.)

Rajasthan or other securities specified in Clauses (a), (b), (c) and (d) of Section 20 of the Indian Trusts Act, 1882, and to set as agents for co-operative institutions for purchase and sale of such securities ; (i) to … such income on securities invested out of the reserve funds for the reason that compliance of Sections 54, 55 and 63 of the Co-operative Societies Act have not been made.3. The Commissioner (Appeals) followed the earlier year's

CochIn State Power and Light Corporation Ltd. Vs. Commissioner of Inco ...

Court : Kerala

Subject : Direct Taxation

Acts : Electricity (Supply) Act, 1948; Income Tax Act, 1922 - Sections 10(2)

Reported in : [1974]93ITR582(Ker)

provides that the sums appropriated to the contingencies reserve shall be invested in securities authorised under the Indian Trusts Act, 1882. Utilisation of the contingencies reserve is contained in Paragraph V. That paragraph again may be read here :'V. … production and supply of electricity, for taking measures conducive to electrical development and for all matters incidental thereto. Section 55(1) provides that every licensee shall comply with such reasonable directions as the board may from time to time