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inbamathi Vs. Ramar,

Court : Chennai

Subject : Property

Acts : Indian Trusts Act, 1882 - Sections 63 and 64; Transfer of Property Act - Sections 41; Indian Contract Act, 1872 - Sections 108

Reported in : 2007(2)CTC116

Courts below have committed an error of law in denying the benefits under Section 64 of the Indian Trusts Act, 1882 to the appellant as she has established that she is a bona fide purchaser for value. The learned

Venkatanarasimha Charyulu Peddinti Vs. Rayasam Gangamma Pantulu and or ...

Court : Chennai

Subject : Trusts and Societies

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 9, 11 and 115 - Order 33, Rule 9; Limitation Act, 1908 - Sections 10 - Schedule - Articles 142 and 144; Trusts Act, 1882 - Sections 63 and 64; Madras Hindu Religious Endowments Act, 1927

Reported in : AIR1954Mad258; (1953)IIMLJ31

not to have had in their minds the statement of the law in Sections 63 and 64, Indian Trusts Act, 1882.'The principle above stated, namely, that a trustee cannot acquire title by adverse possession of the trust property, … use. The learned Judges appear not to have had in their minds the statement of the law in Sections 63 and 64, Indian Trusts Act, 1882.'The principle above stated, namely, that a trustee cannot acquire title by

Bhaskarrao Jageshwarrao Buty and ors. Vs. Saru Jadhaorao Tumble and or ...

Court : Mumbai

Subject : Commercial

Acts : Bombay Money Lenders Act, 1947 - Sections 2(9) and 21; Indian Contract Act, 1872 - Sections 23 and 65; Bombay Money Lenders Act, 1946; Indian Trusts Act, 1882; Maharashtra Scheduled Foodgrains (Stocks Declaration and Procurement and Disposal, Acquisition, Transport and Price Control) Order, 1966

Reported in : AIR1978Bom322; 1978MhLJ528

not as guilty as the transferee. This is clearly against the provisions of Section 64 of the Indian Trusts Act, 1882.' 9. Mr. Chandurkar drew my attention to a decision reported in Kuju Collieries v. Jharkhand Mines : [1975]1SCR703

Ramabai Govind Vs. Raghunath Vasudeo

Court : Mumbai

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 36, 37, 63, 64 and 66; Evidence Act, 1872 - Sections 101 and 103; Succession Act, 1925 - Sections 307; Code of Civil Procedure (CPC), 1908 - Sections 100 and 101; Limitation Act, 1908 - Schedule - Articles 120, 134 and 144; Transfer of Property Act - Sections 41 and 53

Reported in : AIR1952Bom106; (1951)53BOMLR883; ILR1952Bom226

any person claiming to be entitled to that property.; There is no express power conferred by the Indian Trusts Act, 1882, upon the trustee to sell the trust property.; It is the primary duty of a trustee to recover … and that the defendant not being a bona fide purchaser for value without notice, was not protected under Section 64, Trusts Act and was bound to hand over the one half share of Govind in the suit property,

Jayanta Mohan Chatterjee Vs. Jagat Mohan Chatterjee and ors.

Court : Kolkata

Subject : Trusts and SocietiesCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 17 - Order 41, Rule 27; ;Trusts Act, 1882 - Sections 63, 64 and 66

Reported in : AIR1972Cal88,76CWN127

that being so the trustee could not treat the properties as their own. Under Section 63 of the Trusts Act, the beneficiary was entitled to follow the properties in the hands of the Society and thereafter of the … 'conveyance' means any deed which transfers a title in property. In Section 5 of the Transfer of Property Act, 1882, 'transfer of property' means an act by which one conveys a property. 'Conveyance' defined in Section 2(10) of … of the Society and thereafter of the Corporation and obtain requisite declarations prayed for in the suit. Further Section 64 affords no protection either to the Society or the Corporation as the instant transaction is a mortgage and

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, … a suit for a declaration, that the property is comprised in the trust.Then comes an exception in Section 64:-Nothing in Section 63 entitles the beneficiary to any right in respect of proparty in the hands of (a)

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 … such duties. Therefore, when an instrument is covered both by Art.58 and 64 of the Act, it is chargeable as per Art.58 of the Act,

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 … the Indian Stamp Act."or in the alternative, we add, whether the deed under reference is chargeable under Art. 64, Schedule I of the Indian Stamp Act.2. It is common ground that the deed has been duly stamped

Ganganapalli Moorthanna Vs. Ganganapalli Chinna Ankiah and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 6; Succession Act, 1925 - Sections 159; Hindu Law; Evidence Act, 1872 - Sections 115; Limitation Act, 1963 - Sections 64 and 65

Reported in : AIR1975AP97

suit with costs of this appeal. (i) Trusts and Societies - validity of trust - Section 6 of Trusts Act, 1882 - 'will' created a trust and it provided that if any trustee failed to perform his duty same … other Privy Council decision in Hem Chand v. Pearey Lal. 69 Ind APP 137 = (AIR 1942 PC 64). In that case a charitable trust was created under a will and it was void for uncertainty. It

Commissioner of Wealth-tax Vs. N.R. Sirkar

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 4, 4(1) and 27(2); Income Tax Act, 1961 - Sections 64(1); Indian Trusts Act, 1882 - Sections 82

whose benefit advancement is made. Such a presumption is not accepted in India. Section 82 of the Indian Trusts Act (II of 1882) is apposite in this regard which reads : 'Where property is transferred to one person … Nos. 682 and683 (Gau) of 1975-76 for the assessment years 1972-73 and 1973-74 sustaining the application of Section 64(1)(iii) of the Income-tax Act, 1961, which is identical to Section 4(1)(a)(i) of the Wealth-tax Act, 1957, and whether