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Abdul Razack and ors. Vs. Mahammad Rahamatullah and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Trusts Act, 1882 - Sections 88

Reported in : AIR1964AP522

the plaintiffs in relation to that property just as the first defendant is. Section 88 of the Indian Trusts Act, 1882, based on the well-recognised principles of English law, is as follows :'Where a trustee, executor, partner, agent, director … plaintiffs that not only the accounts relating to the three buses viz., M.D.D. 22; M.D.D. 39 and M.D.D 68 but also the accounts with respect to the three buses which were purchased and substituted for them after

Chandrashekhar Shankarrao Kulkarni Vs. the Rahul Shikshan Prasarak Man ...

Court : Mumbai

Subject : Property

Acts : Bombay Public Trusts Act, 1950; Transfer of Property Act, 1882 - Sections 122 and 123; Indian Registration Act, 1908 - Sections 17; Evidence Act, 1872 - Sections 68; Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Sections 189; Code of Civil Procedure (CPC) - Sections 96, 100(5), 105 and 105(1) - Order 41, Rule 31

Reported in : 2007(3)BomCR181

Sillekhana area of Aurangabad city is owned by defendant-trust. Defendant-trust is registered in accordance with the Bombay Public Trusts Act, 1950. One Sonaji had executed a gift of this plot No. 5/7/33 in favour of defendant-trust on 29.8.1973. … the gift deed, in favour of plaintiff-trust. 12. A reference to Section 122 of the Transfer of Property Act, 1882 ('TP Act'), at this stage, is relevant. Said provision reads as under:122.'Gift' defined. -- 'Gift' is the transfer … down under Section 17 of the Indian Registration Act, 1908. At this stage, the provisions laid down under Section 68 of the Indian Evidence Act, 1872 ('Evidence Act') also can be noticed. Section 68 of the Evidence Act

K.B. Seth Sorabjee Vs. Seth Dwarkadas Ranchhoddas

Court : Mumbai

Subject : Property

Reported in : (1932)34BOMLR1310

in that case to acquisitions by a mortgagee have now been embodied by Section 90 of the Indian Trusts Act, 1882, in a wider rule dealing with acquisitions by tenants for life,co-owners. mortgagees and other qualified owners. The section … not very clear, but he referred to Ram Brick Narain Singh v. Ambika Prasad Singh (1913) 17 C.W.N. 686 and appears to have held on the authority of that decision, on which their Lordships have already commented,

G.F.F. Foulkes and ors. Vs. A.S. Suppan Chettiar and anr.

Court : Chennai

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 8 - Order 20, Rule 13 and 13(2); Succession Act, 1925 - Sections 307, 307(1), 323 and 360; Trusts Act, 1882 - Sections 68 and 93

Reported in : AIR1951Mad296; (1950)2MLJ220

in accordancewith these directions. (i) Property - rendition of account - Section 307 of Succession Act, 1925 and Trusts Act, 1882 - appeal against Order of rendition of account and satisfaction of debts due to creditors of estate in … act of the trustee, shall hold the advantage so obtained for the benefit of all the beneficiaries: vide Section 68 of the Trusts Act.32. This doctrine has been applied over and over again in England as a recognised

K.B.Sumodh, vs State of Kerala

Court : Kerala

Ramasubbiar v. Manicka Narasimachara[(1979) 2 SCC 65], in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. … and all the provisions of that Act shall, so far as they are applicable, apply to such lands.12. Section 68 of the Act provides for administration by theBoard as a trustee. As per sub-section (1) of Section 68,

K.B.Sumodh vs the Commissioner, Cochin Devaswom Board

Court : Kerala

Ramasubbiar v. Manicka Narasimachara[(1979) 2 SCC 65], in the context of Sections 49, 51 and 52 of the Trusts Act, 1882, the Apex Court explained the nature of the fiduciary position of the trustee and his duties and obligations. … and all the provisions of that Act shall, so far as they are applicable, apply to such lands.12. Section 68 of the Act provides for administration by theBoard as a trustee. As per sub-section (1) of Section 68,

Ryali Kameswara Rao Vs. Bendapudi Suryaprakasarao and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Succession Act, 1925 - Sections 59, 63 and 283; Registration Act, 1908 - Sections 60(2) and 87; Trusts Act, 1882 - Sections 82; Evidence Act, 1872 - Sections 68; Evidence Act, 1872 - Sections 45

Reported in : AIR1962AP178

Property - will - Section 283 of Registration Act, 1908 and Sections 68 and 82 of Indian Evidence Act, 1872 - validity of will challenged … to deny his signature or to explain the circumstances in which it was executed it is essential that trustworthy and effective evidence should be given to establish compliance with the necessary forms of law'.(13) This burden is … suit, at Eluru. On 21-9-1954 the appellant, Ryali Kameswara Rao, the brother of late Seshariri Rao launched an action claiming the lands houses, personal effects, outstanding and deposits that Ramamma died possessed of and described in Schedule … whether the testator had the testamentary capacity to execute the will. (33) Section 59of the Indian Succession Act requires that the testator should have a

Tan Bug Taim Vs. Collector of Bombay

Court : Mumbai

Subject : Civil

Reported in : AIR1946Bom216; (1945)47BOMLR1010

not included in the main provisions enacted therein, He drew my attention in this behalf to the Indian Trusts Act II of 1882. It was an Act to define and amend the law relating to private trusts and … that enactment. Chapter V, however, enacted provisions as regards certain relations resembling those created by contract, and in Section 68 to Section 72 of that Act provisions were enacted with regard to those relations resembling those created by

M/S. Abraham Memorial Educational Trust and Others Vs. C. Suresh Babu

Court : Chennai

Subject : Education

Counsel has relied on the meaning of the term "Trust" as defined in Section 3 of the Indian Trusts Act, 1882, which reads as follows: "Section 3. A ‘trust’ is an obligation annexed to the ownership of property, and … seeds." 57. In Bharat Coop. Bank (Mumbai) Ltd. Vs. Coop. Bank Employees Union reported in 2007 4 SCC 685, again the phrase "means and includes" came up for consideration as used in Section 2(bb) of the Industrial

Mirza Sadik HusaIn Khan Vs. Nawab Saiyed Hashim Ali Khan

Court : Mumbai

Subject : FamilyProperty

Reported in : (1916)18BOMLR1037

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, … L.R. 3 I.A. 291, followed.;The transfer of the subject of a gift required by the Transfer of Property Act, 1882, Section 122, means a- valid transfer, and, therefore requires, where the gift is by a Mahomedans delivery of possession … susceptible of.12. In Chaudhri Mehdi Hasan v. Muhammad Hasan I.L.R. (1906) IndAp 68 : 8 Bom. L.R. 387 it is at p. 76 of the