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C.i.T.-iii Vs. the Baroda Peoples Co-op. Bank Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80A, 80A(1), 80A(2), 80AB, 80B(5), 80P, 80P(2), 80 to 80U to 80VV; Gujarat Co-operative Societies Act, 1961 - Sections 2(7), 2(19), 2(24), 4, 5, 12A, 14, 28, 29, 43D, 65, 66, 67, 67(2), 67(3), 71, 71(1); Banking (Regulations) Act, 1949 - Sections 5, 6, 6(1), 6(2) and 8; Imposition of Ceiling on Land Holdings Act, 1960; Indian Trusts Act, 1882 - Sections 20; Indian Trusts Act, 1882; Income Tax Act, 1922 - Sections 14(3); Constitution of India - Articles 14 and 141

Reported in : (2005)198CTR(Guj)1; [2006]280ITR282(Guj)

arose as to whether investment, of sums appropriated to the contingencies reserve, in securities authorised under the Indian Trusts Act,1882 and income derived by way of interest therefrom was attributable to profits and gains of the business of … the submission, it was contended that the assesee cannot take recourse to provisions of Section 5(b) read with Section 6(1)(a) of the Banking (Regulations) Act,1949 (the B.R. Act), because the Apex Court was aware of the said provisions

Shyamabai and Others Vs. Madan Mohan Mandir Sanstha

Court : Mumbai Nagpur

Subject : Land Acquisition

substantial questions of law which are reproduced as under: “(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently whether all the trustees of such Public Trust are required … of property at the instance of the Chairman, President, Secretary of the public trust alone is maintainable under Section 6 of the Societies Registration Act ?” 6. The learned Single Judge in the said writ petition also directed

Nagar Wachan Mandir, Pandharpur, Through Its Chairman, President and a ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trust Act, 1882 - Sections 47 and 48; Societies Registration Act, 1860 - Sections 6; Bombay Rents, Hotel & Lodging Houses Rates Control, Act, 1947 - Sections 12(3)(a)

Reported in : 1994(2)BomCR251; 1994MhLJ280

as to costs. Trust and Societies - maintainability of suit - Sections 47 and 48 of Indian Trust Act, 1882, Section 6 of Societies Registration Act, 1860 and Section 2 (13) of Public Trust Act - all co-trustees must join … per the provisions of Societies Registration Act so also it is registered under the provisions of Bombay Public Trust Act. Suit property in dispute is owned by the plaintiff-Society. It appears that the plaintiff-Trust held meeting of

Smt. G. Renuka Vs. M. Papa Rao

Court : Andhra Pradesh

Subject : Criminal

Acts : Dowry Prohibition Act, 1961 - Sections 3, 6, 6(1) and (2); Trusts Act, 1882 - Sections 56

Reported in : AIR1995AP130; 1994(2)ALT535; I(1995)DMC270

the appellant is the beneficiary. The rights of the beneficiary are dealt with under Section 56 of the Trusts Act, 1882, which reads as follows: '56. Right to specific execution: The beneficiary is entitled to have the intention of … five years for adequate and special reason to be recorded in the judgment. She also points out that Section 6 of the said Act provides that the dowry paid should be for the benefit of the wife or

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 … of the Tribunal, the assessee has obtained a reference to this court on the question set out above. 6. Before us, the learned counsel for the assessee raised the same contentions as were urged before the Tribunal

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law

Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115

declaration. The Court must also bear in mind the principle laid down in Section 84 of the Indian Trusts Act, 1882, which runs as follows:--'84. Where the owner of property transfers it to another for an illegal purpose and … effect of immorality vitiating the agreements and transactions under Section 23 of the Indian Contract Act, read with Section 6. Clause (h) of the Transfer of Property Act.65. He argued that, instead of supporting the conclusions of the

Commissioner of Wealth Tax Vs. Devar Kavasji T. Modi Executors and Tru ...

Court : Gujarat

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 5(1); Indian Trusts Act, 1882 - Sections 5 and 6

Reported in : (2004)187CTR(Guj)148; [2004]268ITR175(Guj)

dispute about the legal proposition that creation of a valid trust is a matter governed by the Indian Trusts Act, 1882. Sections 5 and 6 thereof are relevant and read as under:'5. Trust of immovable property : No trust … the trust property, the moment the testator expires, the trust would come into being. The bracketed words in Section 6 of Indian Trust Act make it clear that formal transfer of trust property to trustee is not required

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, … or Wakf as to its nature, the dispute shall be decided on the basis of such deed. Under Sub-section (6), the State Government may, by notification in the Official Gazette, direct the Survey Commissioner to make a second

Mohamed Ismail and anr. Vs. Khadirsa Rowther and ors.

Court : Chennai

Subject : Trusts and Societies

Reported in : (1982)2MLJ367

law that a co-sharer is not a trustee for the other co-sharer and, therefore, Section 88 of the Trusts Act, 1882, will not apply so as to impress the property purchased by Muthu Ibrahim from the income from the … plaintiff and the defendants 1 and 2 have been managing the suit properties with the help of the 6th defendant who is the junior paternal uncle of defendants 1 and 2. The 6th defendant has no right,

Nawab ZaIn Yar Jung and ors. Vs. the Director of Endowments and anr.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Hyderabad Endowment Regulation, 1348-F (1939); States (Laws) Act, 1951 - Sections 6; Indian Trust Act, 1882; Constitution of India - Articles 14, 19 and 31; ;Wakf Act, 1954 - Sections 9 and 28

Reported in : AIR1963SC985; [1963]1SCR469

said Act were the Indian Trust Act, 1882, Charitable Endowments Act (VI of 1890) and Charitable and Religious Trusts Act (XIV of 1920). Subsequently, by Central Act II of 1951, the Civil Procedure Code was made applicable to … petition, the appellants alleged that the said Regulation had ceased to be operative in Hyderabad by reason of section 6 of Part B States (Laws) Act 1951 (No. III of 1951) which had been extended to Hyderabad as