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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)

as to costs. Office is directed to draw up a decree accordingly. - INDIAN TRUST ACT (2 OF 1882) Section 59 :[K.L. Manjunath & B.V. Nagarathna,JJ] Suit for execution of trust - Situation that execution of trust has become … the Judgment and Decree is bad 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 the instant case and the second

Manhar Shivji Shethia and Others Vs. Lilavati Madhusudan Shethia and O ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Trust Act, 1882 - Sections 59, 60, 70, 71, 73 and 74; Constitution of India - Articles 75 and 226; English Trust Act, 1925 - Sections 41; Code of Civil Procedure (CPC), 1908 - Sections 9

Reported in : 1999(4)ALLMR433; 2000(1)BomCR817

section 41 of the English Trust Act of 1925 which is akin to section 74 of the Indian Trusts Act, 1882, the learned Chief Justice observed as under:- 'Bearing in mind the caution always required in interpreting an Indian … Trusts Act. Chapter VI of the Act deals with the rights and the liabilities of the beneficiaries. Under section 59 a beneficiary, where no trustees are appointed or all the trustees die, disclaim or are discharged, or where

Thangachi Nachial and anr. Vs. Ahmed HussaIn Malumiar and ors.

Court : Chennai

Subject : FamilyTrusts and Societies

Acts : Muhammadan Law; Trusts Act, 1882 - Sections 3, 59 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8; Contract Act, 1872 - Sections 17; Limitation Act, 1908 - Articles 12 and 144

Reported in : AIR1957Mad194

of the charities. So he is certainly a beneficiary within the mean-ing. of S. 3 of the Indian Trusts Act 1882, i.e., one Of the persons fpr whose benefit the confidence is accepted by the trustee from the author … Court and here will come out of the estate. Decree modified. Trust and Societies - waqf property - Sections 3, 59 and 63 of Trust Act, 1882, Muhammadan Law, Order 1 Rule 8 of Code of Civil

The Hongkong and Shanghai Banking Corporation Limited Vs. Diamant Bora ...

Court : Mumbai

Subject : BankingCommercial

Acts : Easements Act, 1882 - Sections 52 and 59; Code of Civil Procedure (CPC), 1908 - Order 21, Rule 54; Registration Act, 1908 - Sections 17; Contract of Sales Act - Order 38, Rule 10; Transfer of Property Act, 1882 - Sections 4 and 54; Trusts Act, 1882 - Sections 91

Reported in : 1998(2)ALLMR696; 1998(2)BomCR460

hereinabove is also supported by the provisions of section 52 read with section 59 of the Indian Easement Act, 1882. Under section 52 of the Indian Easement Act, it is provided that where one person grants to another … Court further observed that the above principle was applicable also to cases falling under section 91 of the Trusts Act. The Supreme Court further observed that these are equitable rights though not amounting to interest in the immovable

Anjan Kumar Singhi and anr. Vs. Ranjan Kumar Singhi and ors.

Court : Delhi

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 (CPC) - Section 151 - Order 7 Rule 11; Indian Trusts Act, 1882 - Sections 49, 59, 60; Indian Succession Act, 1925 - Sections 300, 301; Limitation Act, 1963 - Section 10

in the alternative, for the appointment of a trustee under Sections 49, 59 and 60 of the Indian Trusts Act, 1882. The Suit Schedule Property are mentioned separately - (a) items of jewellery listed in Schedule A to the … been dismissed, FAO(OS) No.299/2010 has been preferred by Defendant Nos.2 and 3. The Plaintiffs filed IA No.3240/2009 under Section 151 of the CPC seeking an ad interim order against the mother/Defendant No.1, inter alia, for performance of

Sailesh Developers, a Registered Partnership Firm and Mr. Ramesh Bhava ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 18, 31A, 32, 34, 35, 36, 36(1), 37, 38, 39, 41A to 41E, 50, 50A, 51, 59, 73 and 73A; Code of Civil Procedure (CPC) , 1908 - Sections 92; Bombay Public Trusts (Amendment) Act, 1960 - Sections 36; Maharashtra Public Trusts (Amendment) Act, 1971; Presidency Small Cause Courts Act, 1882; Provincial Small Cause Court Act, 1887; Uttar Pradesh Agricultural Income Tax Act, 1948 - Sections 11(1); Official Trustees Act, 1913 - Sections 25 and 26; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966; Bombay Public Trusts Rules, 1951 - Rules 2, 7, 7A and 24; O.S. High Court Rules - Rule 28; Constitution of India - Articles 26, 226 and 227

Reported in : 2007(4)ALLMR100; 2007(3)BomCR7

Division Benches of this Court as regards powers of Charity Commissioner under Section 36(1) of The Bombay Public Trusts Act, 1950 (hereinafter referred to as the said Act of 1950). Therefore, a direction was issued to place the … as far as possible, follow the procedure prescribed for trial of suits under the Presidency Small Cause Courts Act, 1882. The enquiry under Section 36 is a quasi judicial enquiry. (b) He submitted that by virtue of Clause … ) and (iv) Quasi-Judicial (Sections 18, 39, 40, 41-A to 41-E and 59). (g) He submitted that the power of Charity Commissioner under Section 36(1)(a)

Smt. Chandra Prabha Vs. Shri Satish C. Sharma and Others

Court : Delhi

Subject : Education

1939. The said instrument was in fact a Trust in terms of Section 59 of the Indian Trust Act, 1882 which inter alia declared that his entire estate consisting of movable and immovable properties shall vest on his … Defendant No.4 died, who had been impleaded as legal representative of Bawa Milkha Singh one of the five trustees appointed. The only relief sought against Bawa Milkha Singh was an order directing him to produce such accounts

Saju Thuruthikunnel vs the Secretary

Court : Kerala

Ramasubbiar v. Manicka Narasimachara[(1979) 2 SCC 65], in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. … fixity of tenure under Section 13 and in respect of which certificates of purchase under sub-section (2) of Section 59 have not been issued, shall, subject to the provisions of this section, vest in the Government free from

Nagaraju Vs. State of Karnataka

Court : Karnataka

Subject : Service

Reported in : ILR1996KAR442

that at least at this late point of time the appropriate remedial measures will be taken. - INDIAN TRUST ACT (2 OF 1882) Section 59 :[K.L. Manjunath & B.V. Nagarathna,JJ] Suit for execution of trust - Situation … this late point of time the appropriate remedial measures will be taken. - INDIAN TRUST ACT (2 OF 1882) Section 59 :[K.L. Manjunath & B.V. Nagarathna,JJ] Suit for execution of trust - Situation that execution of trust has become

D.K. Kulur Vs. Indian Drugs

Court : Karnataka

Subject : Civil

Acts : High Court of Karnataka Rules, 1959 - Rule 7

Reported in : ILR1988KAR2293; 1988(2)KarLJ276

is plainly opposed to Rule 7 of the Rules and therefore it has to be stopped. - INDIAN TRUST ACT (2 OF 1882) Section 59 :[K.L. Manjunath & B.V. Nagarathna,JJ] Suit for execution of trust - Situation … Rule 7 of the Rules and therefore it has to be stopped. - INDIAN TRUST ACT (2 OF 1882) Section 59 :[K.L. Manjunath & B.V. Nagarathna,JJ] Suit for execution of trust - Situation that execution of trust has become