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Nawab Shaqafath Ali Khan and ors. Vs. Nawab Imdad Jah Bahadur and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Nizam's Trust Deeds (Validation) Act, 1950 - Sections 3; Indian Trusts Act, 1882 - Sections 6, 34, 47, 56 and 61; Constitution of India - Articles 136, 142, 226 and 227; Code of Civil Procedure (CPC) - Sections 9, 105 and 115 - Order 14, Rules 1 and 2

Reported in : JT2009(3)SC652; 2009(3)SCALE934; (2009)5SCC162; 2009(3)LC1309(SC); 2009AIRSCW2289

of Chief Judge, City Civil Court, Hyderabad purported to be under Sections 56 and 61 of the Indian Trusts Act, 1882 praying for directions to the trustees to execute the trust deed as per the correct interpretation of clauses … Nizam's Trust Deeds (Validation) Act, 1950 (for short 'the 1950 Act'). It received the Presidential Assent on 22.06.1950. Section 3 of the 1950 Act provides that notwithstanding anything contained in any other law for the time being

R.G. Lakhmidas and Co. Vs. Sir Dorab Tata

Court : Mumbai

Subject : PropertyContract

Reported in : AIR1927Bom195; (1927)29BOMLR19; 101Ind.Cas.229

by the surviving trustees or trustee. In support of these propositions Sections 76 and 44 of the Indian Trusts Act, 1882, and Lane v. Debenham (1853) 11 Hare 188 and Warburton v. Sandys (1845) 14 Sim. 622 were cited … be shown to us.58. The two letters of October 16 and 20, Ex. 7, will be impounded under Section 61 (2) and (3) of the Indian Stamp Act, 1899, and sent to the Collector for action, if he

KamaruddIn Saheb Vs. K.T. Palaniappa Nadar and ors.

Court : Chennai

Subject : Property

Acts : Transfer of Property Act - Sections 33, 122 and 126; Trust Act, 1882 - Sections 3 and 77; Contract Act - Sections 61, 62 and 63

Reported in : (2007)3MLJ226

public purpose and inasmuch as the purpose has not been accomplished, under Section 77(c) of the Indian Trust Act, 1882, the trust stands extinguished. To support his contention he would also rely upon the judgement reported in AIR … Counsel for Citi Bank has also not seriously pressed for Citi Bank's case being considered by reference to Section 61 abovesaid.18. Therefore, it is clear that both the factors as contemplated under Section 126 of the Transfer of … possidendi is lacking. According to him under Section 77(c) of the Indian Trust Act, the plaintiffs have a right to revoke trust as long as

Chandrashankar Pranshankar Vs. Bai Magan

Court : Mumbai

Subject : Property

Reported in : AIR1914Bom55; (1914)16BOMLR236; 24Ind.Cas.730

it, for the reasons given in Maluhchand's case, require registration under the provisions of Section 5 of the Trusts Act of 1882. I would, therefore, reverse the decree of the lower Court and remand the case for trial

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 … stranger. Similarly, in the Case of Kirkwood v. Thompson reported in (1865) 2 De G J & Sm 613, the Court of Appeal in England held that a second mortgagee may purchase from the first mortgagee, selling

Securities Exchange Board Of India Vs. Franklin Templeton Trustees Ser ...

Court : Karnataka

Subject : Land Acquisition

trust and for the benefit of the unit-holders. Relying upon the provisions of Section 47 of the Indian Trusts Act, 1882 (for short ‘the said Act of 1882’), he submitted that the Trustees cannot delegate their functions. He pointed … NAV. Issue direction to R3 (SEBI) to conduct an investigation into the affairs of a Mutual Fund under Section 61 of the SEBI (Mutual Fund), Regulations, 1996 against R5 and 6. Issue direction directing the R4 (SFIO) to

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, … AAC. It was submitted on behalf of the assessee that the trust was not revocable as contemplated under Section 61 and the provisions of Sections 62 and 63 of the I.T. Act, 1961, were not applicable. It was

Hatimbhai Hassanally Vs. Framroz Eduljee Dinshaw

Court : Mumbai

Subject : Property

Reported in : AIR1927Bom278; (1927)29BOMLR498

Cranworth's Act (23 & 24 Vic. c. 145) to Indian mortgages and trusts. The preamble to the former Indian Act states that it is expedient … at the rate allowed by the Court (Section 13(e)).20. Next, if we turn to the Transfer of Property Act, 1882, which was applied to this Presidency as from January 1, 1893, although Section 58 defines a mortgage to … mortgagor's right of redemption (Section 60), though certain exceptions are made on a few points, such as consolidation (Section 61), tacking (Section 80), and the effect of a mortgage to secure further advances (Section 79). These sections include,

Sadik HusaIn Khan Vs. Hashim Ali Khan and ors.

Court : Allahabad

Subject : FamilyProperty

Reported in : (1916)ILR38All627

qualified by the combined operation of 'The Transfer of Property Act' (Act IV of 1882); and 'The Indian Trusts Act' (Act II of 1882). He insists that if the deed of gift of immovable property be duly registered, … Act), Section 61 et seqq.--Legitimacy, proof of-Acknowledgement--Endorsement by Judge of documents admitted in evidence--Civil Procedure Codes 1877 and 1882, Section 141; 1908, Order XIII, Rule 4--Undue prolongation of litigation-Cross-examination of witnesses. - - nor that it was borrowed

Lanka Babu Surendra Mohana Benarji Vs. Canara Bank, Unguturu and Anoth ...

Court : Andhra Pradesh

Subject : Land Acquisition

such mortgagees, has or have acquired, in whole or in part, the share of a mortgagor. ? 23. Section 61 of the Transfer of Property, 1882 states: 61. Right to redeem separately or simultaneously :- A mortgagor who … operation of law or act of parties which are governed by Section 100 of the Transfer of Property Act, 1882 and incorrectly interpreted Order 34 Rule 15 (2) CPC to apply even to decrees in mortgage suits; a … to prevent, evade or hamper the redemption is void. 38. In L.K. Trust v. EDC Ltd. ((2011) 6 SCC 780), the Supreme Court explained :