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Commissioner of Income-tax, Hyderabad Vs. Barkat Ali Khan Bahadur

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Trusts Act, 1882 - Sections 58

Reported in : AIR1974SC1355a

in favour of the assessee. This contention cannot be accepted in view of Section 58 of the Indian Trusts Act, 1882 (Act 2 of 1882), according to which the beneficiary if competent to contract, may transfer, his interest, but

Princess Usha Trust Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 6, 8, 9, 58 and 77; Hindu Minority and Guardianship Act, 1956 - Sections 8; Transfer of Property Act - Sections 6

Reported in : (1983)35CTR(MP)31; [1983]144ITR808(MP)

circumstances of the case, the Appellate Tribunal was justified in holding that in terms of the provisions of Section 58 of the Indian Trusts Act, a married woman is not authorised to transfer her beneficial interest in the … justified in holding that the assessee-trust was not extinguished within the meaning of Section 77 of the Indian Trusts Act, 1882?(3) Whether, on 'the facts and circumstances of the case, the Appellate Tribunal was justified in relying upon the

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 … 6. Chapter IV of the Transfer of Property Act, 1882 refers various kinds of mortgage of immoveable property. Section 58 defines that mortgage is the transfer of an interest in specific immoveable property for the purpose of securing

The Commissioner of Income-tax, Bombay Vs. Smt. Kasturbai Walchand Tru ...

Court : Supreme Court of India

Subject : Trusts and SocietiesDirect Taxation

Acts : Income-tax Act - Sections 4(3); Indian Trusts Act, 1882 - Sections 9 and 58

Reported in : AIR1967SC844; [1967]63ITR656(SC); 1967MhLJ647(SC); [1967]2SCR7

tax under section 4(3)(i) of the Act in view of the applicability of s. 9 of the Indian Trusts Act, 1882. The Income-tax Appellate Tribunal, on further appeal, upheld the same decision, but on a slightly different ground. The … on a slightly different ground. The Tribunal's view was that the surrender by Bai Kasturbai was valid under section 58 of the Indian Trusts Act, and consequently, after that deed was executed, the properties were held wholly for

Commissioner of Income-tax/Wealth-tax Vs. Indumathi R. Kirloskar

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(47) and 64; Indian Trust Act, 1882 - Sections 9, 55 and 58

Reported in : ILR1990KAR893; 1988(3)KarLJ377

the trust properties during covertures (ii) Whether there was a valid relinquishment of her interest under the Indian Trusts Act, 1882, by execution of the release deed dated August 23, 1969, by the assessee (iii) Whether the Tribunal was … husband, transfer of the same was completely restrained. He drew analogy for this proposition from the provisions of section 58 of the Indian Trusts Act. The Income-tax Officer distinguished the ruling of the Bombay High Court in Kasturbai

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

Commissioner of Income-tax Vs. Surajba Patel Trust

Court : Mumbai

Subject : Direct Taxation

Acts : Indian Trust Act, 1882 - Sections 58; Income Tax Act, 1961 - Sections 256(2)

Reported in : 1992(3)BomCR642; [1995]216ITR857(Bom)

the above questions to us, the present application has been made. 5. Under section 58 of the Indian Trusts Act, 1882, the beneficiary, if competent to contract, may transfer his interest, but subject to the law for the time

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 … treated as a settlement deed as defined under Section. 2(24) of the Act attracting stamp duty under Art. 58 of Schedule I of the Indian Stamp Act."or in the alternative, we add, whether the deed under reference

P.N.George Wilson. Vs. the State Represented and ors.

Court : Chennai

Subject : Civil

Acts : Indian Stamp Act, 1899 - Section 2(24), 6, Article 64, 58; Indian Trust Act, 1882 - Section 5; Transfer of Property Act, 1882 - Section 8; Revenue Recovery Act - Section 58(a)(ii), 33A,

purpose of stamp duty, if it answers the definition of 'settlement' also. It is well settled that all trusts are not settlements, and all settlements are not trusts, but a deed of trust can also be a … also will not apply.7. The Learned Counsel for the Appellant refers to Section 5 of the Indian Trust Act, 1882 which reads as follows:- 5.Trust of immovable property:- No trust in relation to immovable property is valid unless declared … the document in question could be charged in stamp duty under Article 58 and treating it as a Settlement Deed. However, the Learned Single Judge

The Mercantile Bank of India Limited Vs. Capt. Vincent L. D'silva

Court : Mumbai

Subject : Civil

Reported in : AIR1928Bom436; (1928)30BOMLR1225

acquiring the property in question has notice of the trust. That is borne out clearly by the Indian Trusts Act, 1882, Section 63 of which states :-Where trust-property comes into the hands of a third person inconsistently with the trust, … is no section there precisely corresponding to Section 24 of the English Act. But we have this in Section 58 that :-When a negotiable instrument has been lost or has been obtained from any maker, acceptor or holder