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People Charity Fund and ors. Vs. K. Raghava Reddy and Associates

Court : Karnataka

Subject : Trusts and Societies

Acts : Income Tax Act, 1961 - Sections 230A; Indian Partnership Act, 1932 - Sections 69 and 69(2); Indian Trusts Act, 1882 - Sections 46 to 48; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 3, Rules 4 and 6 - Order 22, Rule 10 - Order 23, Rule 3 - Order 41, Rules 5 and 25

Reported in : 2009(3)KarLJ562; 2009(1)AIRKarR367; AIR2009NOC871(D.B)

hereunder:(1) The appeal filed by the appellants is not maintainable in view of Section 48 of the Indian Trusts Act, 1882 as all the trustees to the suit, who were defendants, have not filed the present appeal and that … Whether the plaintiff is a firm registered under the Partnership Act, 1932?(2) Whether the suit is barred by Section 69(2) of the Partnership Act, 1932?The Division Bench further held that in view of framing of additional issues, the

Mahesh Centre and anr. Vs. People Charity Fund by Its Trustees

Court : Karnataka

Subject : PropertyContract

Acts : Indian Trust Act, 1882 - Sections 36; Partnership Act - Sections 69; Limitation Act, 1963 - Sections 21 and 21(1); Income Tax Act; Code of Civil Procedure (CPC) - Order 6, Rule 17; Limitation Act - Sections 22(1)

Reported in : 2007(4)KarLJ4344

and error in holding that the plaintiffs amended the plaint with bad faith to overcome the bar under Section 69 of the Partnership Act.8. Per contra, Sri A.N. Jayaram, learned senior Counsel for the defendants support the judgment … this appeal are referred to by their status before the Trial Court.3. First defendant is a public charitable trust. Defendants 2 to 4 are the Trustees. Defendants are the owners of schedule property. Plaintiffs are engaged in … to execute lease deed under Section 36 of the Indian Trust Act 1882?vi) Whether the plaintiffs are entitled for a decree for the specific performance?vii)

Mahesh Centre Joint Family Firm Represented by Father/Manager D.L. Nan ...

Court : Karnataka

Subject : Property

Acts : Indian Trust Act, 1882 - Sections 36; Partnership Act - Sections 69; Limitation Act, 1963 - Sections 21 and 21(1); Income Tax Act; Code of Civil Procedure (CPC) - Rules 6 and 17

an error in holding that the plaintiffs amended the plaint with bad faith to overcome the bar under Section 69 of the Partnership Act.8. Per contra, Sri. A.N. Jayaram, learned senior counsel for the defendants support the judgment … this appeal are referred to by their status before the Trial Court.3. First defendant is a public charitable trust. Defendants 2 to 4 are the Trustees. Defendants are the owners of schedule property. Plaintiffs are engaged in … to execute lease deed under Section 36 of the Indian Trust Act 1882?(vi) Whether the plaintiffs are entitled for a decree for the specific performance?(vii)

State of Madras (Now Andhra Pradesh) Represented by District Collector ...

Court : Andhra Pradesh

Subject : Contract

Acts : Contract Act, 1872 - Sections 69, 70 and 182; Trusts Act, 1882 - Sections 88 and 94; Constitution of India - Article 265; Essential Supplies (Temporary Powers) Act, 1946 - Sections 3, 3(2) and 14; Madras Food Procurement Order, 1946; Evidence Act, 1872 - Sections 115

Reported in : AIR1959AP352

refund of money - Sections 69, 70 and 182 of Contract Act, 1872, Sections 88 and 94 of Trusts Act, 1882, Article 265 of Constitution of India, Sections 3 and 14 of Essentials Supplies (Temporary Powers) Act, 1946 and … to maintain and increase the supplies of essential commodities and have them distributed equitably at fair prices. Under Section 3 (1) of the Act, the Central Government may, for the implementation of the above object by a

Crown Re-rollers Pvt. Ltd. Vs. the Orissa State Financial Corporation ...

Court : Orissa

Subject : Civil

Acts : State Financial Corporations Act, 1951 - Sections 29, 29(1) and 29(4); Transfer of Property Act, 1882 - Sections 54, 55(4), 57, 69, 69(4), 69A, 69A(1) and 69A(3); Indian Contract Act, 1872 - Sections 172 to 177; Indian Trust Act, 1982 - Sections 11, 17 and 23

Reported in : AIR2005Ori92

sale proceeds from the opposite party No. 4. He submitted that Section 69(4) of the Transfer of Property Act, 1882 is similar to Section 29 of the Act and provides Chat the money which is received by the … and provides Chat the money which is received by the mortgagee is to be held by him in trust to be applied by him first, in payment of all costs, charges and expenses properly incurred by him

Vallabhdas Mulji Vs. Pranshankar Narbheshankar

Court : Mumbai

Subject : Property

Reported in : (1928)30BOMLR1519

right in contending that the case is one which does not fall under Section 90 of the Indian Trusts Act, 1882. The ordinary case of a mortgage, to which that section is applicable, is the one stated in illustration … July 17, 1908, and both the documents contain the usual power of sale, subject to the provisions of Section 69 of the Transfer of Property Act, in default of payment of the mortgage debt.4. About April 1908 the

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 … bound to restore it, or to make compensation for it, to the person from whom he received it. Section 69 states that a person who is interested in the payment of moneys which another is bound by law

Commissioner of Income-tax Vs. Rajasthan State Co-operative Bank

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80P

Reported in : [1997]223ITR55(Raj)

Rajasthan or other securities specified in Clauses (a), (b), (c) and (d) of Section 20 of the Indian Trusts Act, 1882, and to act as agents for co-operative institutions for purchase and sale of such securities ;(i) to open

Saiyad Mohammad Bakar El-edroos (Dead) by Lrs. Vs. Abdulhabib Hasan Ar ...

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 35, 36, 37, 39, 40, 41(A and B), 47A, 50, 50A, 69 and 72(1); Bombay Public Trusts Act, 1951 - Rule 7; Presidency Small Causes Courts Act, 1882 - Sections 6 and 9; Provincial Small Cause Courts Act, 1887; Legal Practitioners Act, 1879 - Sections 6 and 15

Reported in : 1998IIIAD(SC)257; AIR1998SC1624; 1998(4)ALLMR(SC)82; (1998)2GLR1781; JT1998(3)SC76; (1998)IIIMLJ141(SC); 1998(2)SCALE621; (1998)4SCC343; [1998]2SCR648

Misra, J.1. The short question for consideration is, whether the proceedings under Section 50A of the Bombay Public Trusts Act, 1950 would abate for the non-substitution of one of the applicants since deceased, and whether the Charity Commissioner … have been otherwise. Submission is this, Rule 7 read with Section 6 of the Presidency Small Causes Courts Act, 1882 (hereinafter referred as '1882 Act') makes it obligatory on the Charity Commissioner to follow the procedure as prescribed … Commissioner is appointed through a notification under Section 3 having very wide powers and duties conferred primarily under Section 69, Chapter VII and other provisions of the Act. It has been the concern of legislatures to provide with

V.D. Vachhani (Huf) Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Land Acquisition

Reported in : (2003)86ITD652(Ahd.)

of the HUFs, the substantive additions has rightly been made in the HUFs cases under the provisions of Section 69 of the Act.17. Shri K.C. Patel, the learned Counsel appearing on behalf of Western India Ceramics P. Ltd. … ostensible owner is not the real owner. This concept is directly contrary to Section 88 of the Indian Trust Act,1882 see 1994: 6 SCC 68. * It is not disputed that the Companies are genuine entities and