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Raja Sir M.A. Mutthiah Chettiar Vs. Commissioner of Income-tax, Madras

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 3; Indian Income-tax Act, 1922 - Sections 6, 9 and 22; Income Tax Act, 1961; Indian Succession Act - Sections 57; Transfer of Property Act - Sections 5, 122 and 123; Registration Act; Indian Stamp Act, 1899 - Sections 99

Reported in : (1984)38CTR(Mad)76; [1984]148ITR532(Mad)

being one made to a living person must, however, comply with the requirement of this section. The Indian Trusts Act, 1882, does not apply to public or private religious or charitable endowments.' 14. It is thus well established that … writing and attested by at least two witnesses if the case is governed by the Indian Succession Act, section 57. A dedication may be made by a gift inter vivos or by a bequest or by a ceremonial

Associated Power Co. Ltd. Vs. Commissioner of Income-tax

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income tax Act, 1961 - Sections 10(1) and 257; Electricity (Supply) Act, 1948 - Sections 57; Indian Electricity Act, 1910; Indian Trusts Act, 1882; Wealth Tax Act

Reported in : AIR1996SC894; (1996)130CTR(SC)393; [1996]218ITR195(SC); JT1995(9)SC146; 1995(6)SCALE702; (1996)7SCC221; [1995]Supp5SCR721

said maximum.(2) The sums appropriated to the Contingencies Reserve shall be invested in securities authorised under the Indian Trusts Act, 1882, (2 of 1882), and such investment shall be made within a period of six months of the close … Reserve Account is not allowable as a deduction in arriving at the taxable business income of the assessee-company?5. Section 57 of the Electricity (Supply) Act reads thus :57. Licensee's charges to consumers-The provisions of the Sixth Schedule shall

Commissioner of Income-tax Vs. Nizam Sugar Factory Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 10(1), 28, 43(1), 256(2) and 257; Electricity (Supply) Act, 1948 - Sections 57; Indian Trusts Act, 1882; Ethyl Alcohal (Price Control) Amendment Order, 1971; Molasses Control Order, 1961; Molasses Control (Amendment) Order, 1972

Reported in : [2002]253ITR68(AP); [2002]120TAXMAN378(AP)

said maximum.(2) The sums appropriated to the contingencies reserve shall be invested in securities authorised under the Indian Trusts Art, 1882 (2 of 1882), and such investment shall be made within a period of six months of … is not allowable as a deduction in arriving at the taxable business income of the assessee-company ?'24. Under Section 57 of the Electricity (Supply) Act, 1948, the provisions of the Sixth Schedule shall be deemed to be incorporated

Vellore Electric Corporation Ltd. Vs. Commissioner of Income Tax, Madr ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Electricity (Supply) Act, 1948 - Sections 57; Income Tax Act, 1961 - Sections 28, 29 and 80I; Indian Trusts Act, 1882 - Sections 20

Reported in : [1997]227ITR557(SC); JT1997(6)SC413; 1997(4)SCALE627; (1997)6SCC705; [1997]Supp1SCR586

assessee was required to invest the sums appropriated in the 'Contingencies Reserve' in securities authorised under the Indian Trusts Act, 1882. In respect of the assessment years 1967-68 and 1968-69 the assessee claimed deduction of the sums of Rs. … to as 'the Electricity Supply Act') to distribute power in the Vellore and Ranipet areas. In view of Section 57 of the Electricity Supply Act read with Sixth Schedule to the said Act, the assessee was required to

Vasantkumar Radhakisan Vora Vs. the Board of Trustees of the Port of B ...

Court : Supreme Court of India

Subject : Property

Acts : Bombay Presedency Small Cause Courts Act, 1882 - Sections 41, 42(A) 43, 45 to 47 and 49; Provincial Small Cause Courts Act, 1887 - Sections 41; Transfer of Property Act, 1882 - Sections 2, 5, 57, 106, 109 and 111; Major Port Trust Act, 1963 - Sections 29(1) and 133(2A); General Clauses Act, 1897 - Sections 6 and 17; Bombay Port Trust Act, 1879 - Sections 87; Constitution of India - Articles 14, 15(4), 16(4), 136, 226 and 227; Bombay Tenancy Act, 1939; Agricultural Holdings Act, 1948 - Sections 2(1) and 23(1); Calcutta Port Act - Sections 142; Defence (General) Regulations, 1939 - Regulation 55; Maharashtra Presedency Small Cause Courts (Amendment) Act, 1976; Maharashtra Presedency Small Cause Courts (Amendment) Act, 1963 - Sections 2, 3 and 4

Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825

pursuant to quit notice stood transferred to the respondent.Sub-section 2(A) of Section 133 'Repeal' of the Major Port Trusts Act, 1963 states that on the application of the Central Act to the Port of Bombay, except the provisions … in the circumstances without costs. Property - estoppel - Sections 106, 109 and 111 of Transfer of Property Act, 1882, Section 26 of Bombay Port Trust Act, 1879 and Section 133 of Major Port Trust Act, 1963 - respondent … previous operation of law. It states that:.nothing herein contained shall be deemed to affect save as provided by Section 57 and Chapter IV of this Act, any transfer by operation of law or by, or in execution of,

Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1907)9BOMLR606

of Section 96.57. I think as the question of good faith arises under Section 90 of the Indian Trusts Act 1882, Section lllof the Evidence Act clearly applies. And this view is taken by Sir Whitley Stokes in his comments

Chikodi Large Size Multi-purpose Co-operative Society Limited, Chikodi ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Karnataka Co-Operative Societies Act, 1959 - Sections 30-B, 57(2) and 58; Karnataka Co-Operative Societies Act, 1960 - Rule 23; Indian Trusts Act, 1882 - Sections 20

Reported in : ILR1997KAR3163

a Government Savings Bank; or (b) in any of the securities specified in Section 20 of the Indian Trusts Act, 1882 (Central Act II of 1882); or (c) in the shares or securities of any other Co-operative Society; or … in the writ petitions.3. Sri Jayakumar S. Patil, learned Counsel appearing for the petitioners contended that, under Section 57(2) of the Act, the Co-operative Societies out of their net profits in any year once required to transfer

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 … ensure the execution of the intention of the author of the Trust to the extent of beneficiaries' interest. Section 57 provides for the right of the beneficiaries to inspect and take copies of the instruments of the Trust.

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

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 … prior encumbrances, if any to which the sale is not made subject, or after payment into Court under Section 57 of a sum to meet any prior encumbrance, shall, in the absence of a contract to the contrary, … 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

Commissioner of Income-tax Vs. P.P. Contractor

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 60 and 263

Reported in : (1991)98CTR(Guj)96; [1991]192ITR261(Guj)

by Bai Kasturbai was clearly valid in view of the provisions contained in section 58 of the Indian Trusts Act, 1882 (2 of 1882), which provides that 'the beneficiary, if competent to contract, may transfer his interest, but subject