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Krishnakumar Vs. Anandan and ors.

Court : Kerala

Subject : Trusts and SocietiesProperty

Acts : Trusts Act, 1882 - Sections 1 and 7

Reported in : AIR1994Ker175

the creation of such a trust is against the provisions of Section 7(a) & (b) of the Indian Trusts Act, 1882. It is further alleged that no trust with respect to Items Nos. 1 and 2 has ever come

Commissioner of Income-tax Vs. T.A.V. Trust

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 160(1) and 161; Indian Trusts Act, 1882 - Sections 5 and 7

Reported in : (1987)65CTR(Ker)170; [1987]166ITR848(Ker)

valid trust came into existence by reason of non-compliance with the provisions of Section 7 of the Indian Trusts Act, 1882 ('the Trusts Act'). The Officer also found that, in relation to certain immovable properties alleged to be in

Gopal L. Raheja of Mumbai, Indian Inhabitant and Vs. Vijay B. Raheja o ...

Court : Mumbai

Subject : Company

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 4, 4(1), 4(3) and 7; Trusts Act, 1882 - Sections 82, 88 and 94; Specific Relief Act; Transfer of Property Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 2

Reported in : 2007(4)BomCR288

that the property is held in trust. The law having been codified in the form of the Indian Trusts Act, 1882, Section 88 would be attracted only if a fiduciary duty is owed. In the present case parties entered into … provisions of Section 94 of the Trusts Act. Acting on the Report of the Law Commission, Parliament in Section 7 of the Benami Transactions (Prohibition) Act, 1988, deleted the provisions of Sections 82 and 94 of the Indian

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 … the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in allowing deduction under Section 80-P(2)(a)(i) of the Income-tax Act,1961 on interest income as being attributable to the business of banking ?2 On … than what is prescribed under Section 6(1) of the B.R. Act. Section 71 of GCS Act prohibits investments in any mode which is not approved.

Sennimalai Swamy Madam Trust, Palani by L. Manoharan Vs. Nil

Court : Chennai

Subject : Trusts and Societies

Acts : Charitable and Religious Trusts Act, 1920 -- Sections 7; Indian Trustes and Mortgagees' Act, 1866 -- Sections 43; English Act 22 and 23 Vic -- Sections 30; Law of Property Amendment Act, 1859; Indian Succession Act, 1956 -- Sections 302; Indian Trust Act, 1882 -- Sections 34

Reported in : 1999(3)CTC390

Act notwithstanding the additional words 'opinion or advice' in those sections. (9) Finally S. 34 of the Indian Trusts Act 1882 may be referred to in this connection. For, wholly providing for the trustee's right to apply to court … the file of Principal District Judge, Dindugul is the revision petitioner herein. 2. An application was filed under Section 7 of the Charitable and Religious Trusts Act, 1920 by petitioner for opinion, or advise or direction of the

In Re: Dhanalal Karnawat and anr.

Court : Kolkata

Subject : Trusts and SocietiesProperty

Acts : Trusts Act, 1882 - Section 34; ;Charitable and Religions Trusts Act, 1920 - Sections 7 and 36; ;Code of Civil Procedure (CPC) , 1908 - Section 92

Reported in : AIR1975Cal67

property No. 48, Sir Hariram Goenka Street. Calcutta. The application was made under Section 34 of the Indian Trusts Act. 1882 and after hearing the attorney for the said applicants order was made by me granting leave to the … under the same.6. The provisions of Section 34 of the Indian Trusts Act are similar to those of Section 7 of the Charitable and Religious Trusts Act. The impugned order was made on llth April, 1973 on the

M. Govindarajan and ors. Vs. the Indian Overseas Bank, Pondicherry by ...

Court : Chennai

Subject : Property

Reported in : (1993)1MLJ189

the Ordinance. Section 7(1) of the Act provides for repeal of Sections 81,82 and 94 of the Indian Trusts Act, 1882, Section 66 of the Code of Civil Procedure, 1908 and Section 281-A of the Income Tax Act, 1961. Section

Pravash Hazra Vs. Subrata Sen and ors.

Court : Kolkata

Subject : Trusts and Societies

Acts : Constitution of India - Article 227; ;Indian Trusts Act, 1882 - Sections 34 and 36; ;Charitable and Religious Trust Act, 1920 - Section 7

he has submitted that the impugned orders are not maintainable at all because Section 34 of the Indian Trusts Act, 1882 will not be applicable in the instant case because the intended sale does not come within the meaning … the meaning of management or administration of the trust property. He has also contended that the provisions of Section 7 of the Charitable and Religious Trust Act, 1920 will not also apply because the trust in the instant

T.A.V. Trust Alleppey Vs. the Commissioner of Income Tax, Kerala

Court : Supreme Court of India

Subject : Direct TaxationTrusts and Societies

Acts : Trust Act, 1882 - Sections 7; Income Tax Act, 1961 - Sections 161(1)

Reported in : AIR1999SC1435; [1999]236ITR788(SC); JT1999(2)SC58; 1999(1)SCALE658; (1999)3SCC7

in the aggregate at Rs. 5,000/-. Trusts and Societies - validity of trust - Section 7 of Trust Act, 1882 - matter related to validity of trust - trust was not created with permission of Civil Court of

Committee of Management of Pachaiyappa's Trust Vs. Official Trustee of ...

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Official Trustees Act, 1913 - Sections 7, 9, 25 and 26; Trusts Act, 1882 - Sections 15 and 36;

Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710

orders of the Court as any other trustee acting in the same capacity. According to the Indian Trust Act, 1882 a trustee is bound to deal with the trust property as carefully as a man of ordinary prudence … trustee under a will he holds the property vested him upon the trust expressed in the will. Under Section 7 of the Act, the Official Trustee acts as an ordinary trustee and has the same powers, duties and … long term lease in respect of immovable property vested in the Official Trustee as executor and trustee raise questions relating to the exercise of the