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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 … partly in payment of the mortgage-money, the transaction is called an usufructuary mortgage and the mortgagee an usufructuary mortgagee.Section 60 refers to 'right of mortgagor to redeem' which reads thus:Section 60 - Right of mortgagor to redeem.- At

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 … may be possible, be executed by the Court until the appointment of a trustee or new trustee. Under section 60, the beneficiary has a right that the trust property shall be properly protected and held and administered by

Bhagavathi Pilla Bhavani Pilla and ors. Vs. Parvathi Pilla Ammukuty Pi ...

Court : Kerala

Subject : PropertyCivil

Acts : Marumakkathayam Law; Trusts Act, 1882 - Sections 90; Transfer of Property Act, 1882 - Sections 60 and 76

Reported in : AIR1958Ker230

confirmed and this appeal is dismissed with costs to defendant 1. Property - redemption - Section 90 of Trusts Act, 1882, Sections 60 and 76 of Transfer of Property Act, 1882 and Marumakkathayam Law - appeal filed challenging dismissal

Chavalier I.i. Iyyappan and anr. Vs. the Dharmodayam Company

Court : Supreme Court of India

Subject : Property

Acts : Indian Easements Act, 1882 - Sections 60 and 62

Reported in : AIR1966SC1017; [1963]1SCR85

permanent character and incurred expense in the execution thereof and therefore under section 60(b) of the Indian Easements Act, 1882 (5 of 1882), hereinafter referred to as the 'Act', which was applicable to the area where the property … appellant was defendant No. 1 in his personal capacity and defendant No. 2 in the capacity of a trustee of a trust. Defendant No. 5 was a tenant of the building which is the subject matter of

Abdur Rahim Jiwani Vs. Vithaldas Ramdas and ors.

Court : Mumbai

Subject : Property

Acts : Trusts Act, 1882 - Sections 90; Limitation Act, 1963 - Schedule - Articles 61 and 113; Transfer of Property Act, 1882 - Sections 60, 83 and 84; Limitation Act, 1908 - Schedule - Article 134; Code of Civil Procedure (CPC), 1908 - Order 34, Rule 7

Reported in : AIR1981Bom58

upheld In this connection, Mr. Zaiwalla who appears for the plaintiff relies upon Section 90 of the Indian Trusts Act, 1882. The section reads:'90. Where a tenant for life, co-owner, mortgagee or other qualified owner of any property, by … issued or that the property, in fact, did not need any repairs. The property at Chira Bazar was 60 years old. If, therefore, there were, in fact, municipal repair notices and these were disclosed at the time

Mrs. Leela Nath Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 62(1) and 63; ;Trusts Act - Sections 77 and 78

Reported in : [1982]134ITR507(Cal)

and uncontrolled discretion may consider proper and shall not be subject to any restrictions as described in the Trusts Act, 1882, or any other law pertaining to trustees during their lifetime, for the property of the trust'. Clauses 9, … V of the I.T. Act, 1961, deals with income of other persons included in the assessee's total income. Section 60 of the said chapter provides for transfer of income where there is no transfer of assets. It stipulates

Namdev Shripati Nale Vs. Bapu Ganapati Jagtap and anr.

Court : Supreme Court of India

Subject : Property

Acts : Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950 - Sections 2, 3 and 4; Trusts Act, 1882 - Sections 90; Transfer of Property Act - Sections 65 and 76

Reported in : JT1997(3)SC562; (1998)IMLJ8(SC); 1997(2)SCALE741; (1997)5SCC185; [1997]2SCR980

appellant has lost his right to redeem the property. The plea that the first respondent was only a trustee and Section 90 of the Indian Trust Act, 1882 was attracted, was repelled. In appeal the District Judge … property. The plea that the first respondent was only a trustee and Section 90 of the Indian Trust Act, 1882 was attracted, was repelled. In appeal the District Judge held that the first respondent-mortgage failed to remit the … by the Bombay Pargana and Kulkarni Watans (Abolition) Act, 1950 (Maharashtra Act 60 of 1950) (hereinafter referred to as the Act.) The land was resumed

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

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 … half of the income of the residuary property and such assignment would not come within the mischief of section 60 of the Act. So far as the interest on the fixed deposit was concerned, it rejected the contention

M/S. L.K.Trust Vs. Edc Ltd. and ors.

Court : Supreme Court of India

Subject : Company

Acts : Indian Companies Act 1956; State Finance Corporation Act - Section 29; Transfer of Property Act - Section 60; Constitution of India - Articles 136, 129; Contempt of Courts Act 1971 - Section 12

3 of redemption stood extinguished by its conduct as envisaged under Section 60 of the Transfer of Property Act, 1882. Acting upon the said opinion Board of Directors of respondent no.1 passed a resolution dated November 24, 2006 … value of the property. Thereafter, by private negotiation the respondent No. 1 had accepted the proposal of appellant trust to sell the property in question for a sum of Rs.12.99 crores.7. The respondent no. 3 thereafter received