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Rattan Chand Hira Chand Vs. Askar Nawaz Jung (Dead) by Lrs and ors.
Supreme Court of India
Feb-12-1991
PropertyContract
Trusts Act, 1882 - Sections 84; Contract Act, 1872 - Sections 23, 65, 69, 70 and 73
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 by law to pay, and who therefore pays it, is entitled to be reimbursed by the other. Section 70 declares that where a person lawfully does anything for another person, or delivers anything to him, not intending
Tag this Judgment! AI Brief & AskAnna S/O Shriram Fate Vs. Joint Charity Commissioner and anr.
Mumbai
Feb-05-2005
Trusts and Societies
Bombay Public Trust Rules, 1951 - Rule 7; Bombay Public Trusts Act, 1950 - Sections 2(4), 17, 22, 70, 70A, 72 and 76; Presidency Small Causes Courts Act, 1951; Presidency Small Causes Courts Act, 1882; Code of Civil Procedure (CPC) ; Provincial Small Causes Courts Act, 1887
2005(2)ALLMR596; 2005(4)BomCR836; 2005(2)MhLj298
Courts Act, 1951, provides that the procedure of enquiry shall be as provided under Presidency Small Causes Courts Act, 1882 and under Provincial Small Causes Courts Act, 1887. While procedure prescribed in 76 of Bombay Public Trusts Act … in Change reports under Section 22 of the B.P.T. Act remedy is provided either to file appeal under Section 70 or to file revision under Section 70-A of the Bombay Public Trusts Act, 1950 before the Hon'ble Jt. … challenge is that the said Rule is inconsistent with Section 76 read with Section 2(4) of Bombay Public Trusts Act, and has prayed for striking down thereof. Therefore, the petition came to be listed before the Division Bench.2.
Tag this Judgment! AI Brief & AskHidayatkhan Bismillakhan Pathan Vs. Vaijnath and ors.
Supreme Court of India
May-05-2009
ElectionTrusts and Societies
Bombay Public Trust Act, 1950 - Sections 17, 22, 70, 70A, 71 and 72(4); Societies Registration Act, 1850; Small Causes Courts Act, 1882; Bombay Public Trusts Rules, 1951; Mineral Concession Rules, 1960 - Rules 54 and 55; Constitution of India - Articles 136 and 142
AIR2009SC2426; 2009(4)BomCR27; (2009)3GLR2288(SC); JT2009(9)SC127; 2009(6)MhLJ1(SC); 2009(7)SCALE26(1); (2009)7SCC506; 2009(5)LC2303(SC):2009AIRSCW4537
1882. Other procedures laid down in the Bombay Public Trusts Rules, 1951 are also required to be followed.15. Section 70 of the Act provides for appeal from an order passed by the Deputy of Assistant Charity Commissioner. Section … an enquiry is required to be conducted in terms of the procedure prescribed under the Small Causes Courts Act, 1882. Other procedures laid down in the Bombay Public Trusts Rules, 1951 are also required to be followed.15. Section
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Manhar Shivji Shethia and Others Vs. Lilavati Madhusudan Shethia and O ...
Mumbai
Aug-13-1999
Trusts and Societies
Trust Act, 1882 - Sections 59, 60, 70, 71, 73 and 74; Constitution of India - Articles 75 and 226; English Trust Act, 1925 - Sections 41; Code of Civil Procedure (CPC), 1908 - Sections 9
1999(4)ALLMR433; 2000(1)BomCR817
section 41 of the English Trust Act of 1925 which is akin to section 74 of the Indian Trusts Act, 1882, the learned Chief Justice observed as under:- 'Bearing in mind the caution always required in interpreting an Indian … committing any contemplated or probable breach of trust. Chapter VII deals with vacating the office of a trustee. Section 70 sets out that the office of a trustee is vacated by his death or by his discharge from
Tag this Judgment! AI Brief & AskState of Madras (Now Andhra Pradesh) Represented by District Collector ...
Andhra Pradesh
Mar-08-1958
Contract
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
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
Tag this Judgment! AI Brief & AskShivprasad Shankarlal Pardeshi, Since Deceased by His Heirs Vs. Leelab ...
Mumbai
Nov-05-1997
Trusts and SocietiesProperty
Bombay Public Trusts Act, 1950 - Sections 19, 70 and 72(1 and 4); Code of Civil Procedure (CPC), 1908 - Sections 4, 96 and 100; Evidence Act, 1872 - Sections 3, 59 and 61; Societies Registration Act, 1860 - Sections 18, 20 and 21; Saurashtra Rent Control Act, 1951 - Sections 27 and 28; Himachal Pradesh Abolition of Big Landed Estates and Land Reforms Act, 1953 - Sections 104; Punjab Courts Act, 1918 - Sections 41; Indian Trusts Act, 1882 - Sections 77
AIR1998Bom131; 1998(1)ALLMR393; 1998(2)BomCR744; (1998)1BOMLR822; 1998(1)MhLj444
time in the year 1972, though the exact date is not on record. Section 77 of the Indian Trusts Act 1882 deals with the manner in which a trust is extinguished and section 78 deals with the revocation of … as provided in section 20 and section 21 deals with the entries to be made in the register.10. Section 70 deals with an appeal against the order of the Deputy or Assistant Charity Commissioner to the Charity Commissioner
Tag this Judgment! AI Brief & AskMaharashtra State Co-operative Bank Ltd. Vs. Assistant Commissioner of ...
Mumbai
Aug-12-1998
Direct Taxation
[2000]70ITD125(Mum)
modes of investment. The bank made huge investments in the securities specified in section 20 of the Indian Trusts Act, 1882, as per section 70(b) of the MCS Act and such investments were much more than the required percentage
Tag this Judgment! AI Brief & AskE.D. Sassoon and Co. Ltd. Vs. K.A. Patch
Mumbai
Nov-29-1922
Company
(1943)45BOMLR46
to the plaintiffs.6. This severance of interest leads to the result enacted in Section 94 of the Indian Trusts Act, 1882, which is as follows :-In any case not coming within the scope of the preceding sections, where there … vote is a right of property annexed to the shares : Fender v. Lushington (1877) 6 Ch. D. 70.16. I shall now deal with the contentions advanced by the defendant. I think, it was suggested that a
Tag this Judgment! AI Brief & AskShri Sanjay Kumar JaIn Vs. Smt. Usha Goel and ors.
Punjab and Haryana
Feb-17-2000
PropertyCivil
Indian Trusts Act, 1882 - Sections 70 and 71; Code of Civil Procedure (CPC) , 1908 - Sections 92 and 115
(2000)125PLR422
was illegal and be declared as null and void as it was against the provisions of the Indian Trusts Act (Sections 70 and 71). It was further alleged that defendant No. 3 was threatening to disrupt he normal … was obtained from them under threat from the police and that it was contrary to the provisions of Section 70 and 71 of the Indian Trusts Act and that the plaintiffs continued to be the Trustees by virtue
Tag this Judgment! AI Brief & AskSuraj Chandra Mondal Vs. Beharilal Mondal
Kolkata
Jul-17-1939
Property
AIR1939Cal692
a mortgagee in possession which is dealt with in Section 63, T.P. Act, (and also in Section 90, Trusts Act, 1882), but some of the matters there discussed would be equally important in the case of acquisition by a … conscience? (3) Is the case one of accession to the mortgaged property and governed by the terms of Section 70, T.P. Act? In my opinion, the answers to all the above questions are in the negative. The first
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