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Appana Radha Sri Krishna Rao Vs. V.K.M. Kodandarama Chetti

Court : Andhra Pradesh

Subject : ContractProperty

Acts : Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 8; Indian Contract Act, 1872 - Sections 23 and 65; Trusts Act, 1882- Sections 84

Reported in : AIR1960AP190

these three heads; -- firstly, under Section 65 of the Contract Act; secondly, under Section 84 of the Trusts Act; and thirdly upon the equitable doctrine that a person who is less guilty of two parties to an … Contract Act, 1872, Order 6 Rule 8 of Code of Civil Procedure, 1908 and Section 84 of Trust Act, 1882 - plaintiff commission agent of defendant purchased certain goods on behalf of defendant - plaintiff claiming certain amounts

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 … the ownership of such land for the time being vests,(emphasis supplied).(II) Section 65(c) and 76(c) of the Transfer of Property Act are to the following

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 … capital of a Co-operative Society.35. Chapter VI of the GCS Act deals with Property and Funds of Societies. Section 65 stipulates the prohibitions as to distribution of the funds or the assets of the society. Section 66 pertains

Jmc Educational Trust Vs. Customs, Excise and Service Tax Appellate Tr ...

Court : Chennai

Subject : Service TaxConstitution

Acts : Indian Trust Act, 1882; Finance Act, 1994 - Sections 35(F), 65(26), 75A, 77 and 78

Reported in : (2008)217CTR(Mad)263; 2008[10]STR436; (2008)14VST307(Mad)

ORDERS. Nagamuthu, J.1. The petitioner is a trust, registered under the Indian Trust Act, 1882, and is engaged in promoting education and conducting classes to the … ORDERS. Nagamuthu, J.1. The petitioner is a trust, registered under the Indian Trust Act, 1882, and is engaged in promoting education and conducting classes to the students under the Distance Education Programme of … rendered by the petitioner's trust does not fall within the scope of Section 65(26) of Chapter V of the Finance Act, 1994 and so the

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 … The second argument of Mr. Najbile was that, in any event, he was entitled to the benefit of Section 65 of the Indian Contract Act, 1872.5. The first submission made on behalf of the petitioner is without any

Rattan Chand Hira Chand Vs. Askar Nawaz Jung (Dead) by Lrs and ors.

Court : Supreme Court of India

Subject : PropertyContract

Acts : Trusts Act, 1882 - Sections 84; Contract Act, 1872 - Sections 23, 65, 69, 70 and 73

Reported in : JT1991(1)SC433; (1991)2MLJ14(SC); 1991(I)OLR(SC)504; 1991(1)SCALE200; (1991)3SCC67; [1991]1SCR327; 1991(2)LC36(SC); MANU/SC/0587/1991

had broken his contract. Shri Shah also referred us to the provisions of Section 84 of the Indian Trusts Act, 1882 which reads as follows: "84. Where the owner of property transfers it to another for an illegal purpose … us to the other provisions of the Indian Contract Act to which I have made a reference earlier. Section 65 states that when an agreement is discovered to be void or when a contract becomes void, any person

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

Court : Chennai

Subject : Trusts and Societies

Acts : Trust Act, 1882 - Sections 90 ; Muslim Law; Limitation Act, 1963 - Schedule - Article 65

Reported in : AIR1983Mad123

law that a co-sharer is not a trustee for the other co-sharer and, therefore, S. 88 of the Trusts Act, 1882, will not apply so as to impress the property purchased by Muthu Ibrahim from the income from the … possession - Section 90 of Trust Act, 1882, Muslim Law and Article 65 of Schedule to Limitation Act, 1963 - mere possession however long cannot … principle of equity in English law has gained statutory recognition under S. 90 of the Indian Trusts Act, Section 83 speaks of the fiduciary relationship as a trustee, executor, partner, agent, director of a company legal adviser

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, … to the instrument through a forged indorsement.16. Then the learned Judge cites Hunsraj v. Ruttonji I.L.R (1899) Bom. 65, and Jai Narain v. Mahbub Bakhsh I.L.R (1906) All. 428 and Banku Behari Sikdar v. Secretary of State

Punugu Subbiah Vs. Nukalapati Rami Reddi

Court : Chennai

Subject : Land Acquisition

Reported in : 33Ind.Cas.326

relationship between the parties or not, the true owner can recover possession. Sections 88 to 90 of the Trusts Act show that the duty of restitution is cast only on persons occupying either a fiduciary position or who … this Court. Parties will bear their own costs in the Courts below. Transfer of Property Act (IV of 1882,), Section 65(c) - Mortgage--Adverse possession against mortgagor from before mortgage, effect of--Equity of redemption--Trespasser, rights of--Duty of payment of

C.K.P. Mandal Vs. the Commissioner of Central Excise

Court : Mumbai

Subject : Excise

Acts : Finance Act, 1994 - Sections 65, 65(90), 66, 67 and 90; Bombay Public Trust Act; Finance Act, 2003; Transfer of Property Act, 1882 - Sections 3; Service Tax Rules, 1994 - Rule 2(1)

Reported in : 2006(4)BomCR747; (2006)204CTR(Bom)274; 2006(4)MhLj669; 2006[4]STR183

occasion; . (54) 'mandap' means any immovable property as defined in Section 3 of the Transfer of Property Act, 1882 (4 of 1882) and includes any furniture, fixtures, light fittings and floor coverings therein let out for consideration … aforesaid two questions at this stage. 3. The appellant is a charitable trust registered under the Bombay Public Trust Act. It holds a building at … appellant's hall (mandap) for official, social and business functions is chargeable to service tax within the meaning of Section 65(90)(m) of the Finance Act, 1994? (ii) Whether in the facts and circumstances of the case, the Customs, Excise