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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 … bank from carrying on any business other 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. None of the assessee banks have

Bhai Hospital Trust and ors. Vs. Parvinder Singh and ors.

Court : Delhi

Subject : Arbitration

Acts : Arbitration Act - Sections 32; Companies Act; Code of Civil Procedure (CPC), 1908 - Sections 11; Indian Trust Act, 1882 - Sections 10, 12, 18, 31(2), 3247, 48, 71, 73, 74 and 131

Reported in : 2002IIIAD(Delhi)833; AIR2002Delhi311; 2002(3)ARBLR19(Delhi)

the trustees within the provisions of Section 10, 12, 18, 47, 48, 71, 74 and 131 of the Trusts Act, 1882 - It was held that once the Law provides some powers to the trustees, which cannot be abdicated

S. Darshan Lal Vs. Dr. R.E.S. Dalliwall and anr.

Court : Allahabad

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 71, 72 and 77; Bengal, Agra and Assam Civil Courts Act, 1887 - Sections 3; Trustees Act, 1866 - Sections 3

Reported in : AIR1952All825

costs in this Court. Trust and Societies - duty of trustee - Sections 71, 72 and 77 of Trusts Act, 1882 - trust to come to end on death of wife or son attaining certain age whichever is later … our opinion the purpose of the trust has come to an end and the trust has terminated. Under Section 71, a trustee is discharged from his office by the extinction of the trust. The trustee, in the present

Prasanna Kumar and Another Vs. G.M. Siddeshwar and Others

Court : Karnataka

Subject : Election

which his resignation was accepted is at Ex.R23. 75. He submits that Section 71(c) of the Indian Trust Act, 1882 provides for the discharge of the trustee by such means as may be prescribed by the instrument of … The Principal, GMIT is only an employee of the respondent. The GMIT is being run by Srishyla Educational Trust of which the respondent is the Chairman. The Principal is thus an employee of the respondent. The Principal

Manhar Shivji Shethia and Others Vs. Lilavati Madhusudan Shethia and O ...

Court : Mumbai

Subject : Trusts and Societies

Acts : 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

Reported in : 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 … that the office of a trustee is vacated by his death or by his discharge from his office. Section 71 sets out when a trustee may be discharged from his office. The circumstances are (a) by the extinction

Mehsana District Central Cooperative Bank Ltd. and ors. Vs. State of G ...

Court : Supreme Court of India

Subject : Banking

Acts : Gujarat Co-operative Societies Act, 1961 - Sections 2, 71 and 71(1); Gujarat Co-operative Societies Rules; ;Banking Regulation Act, 1949 - Sections 2, 5, 5(1), 6 and 6(1); ;Indian Trust Act, 1882- Sections 20; ;Constitution of India - Article 254(2)

Reported in : AIR2004SC1576; [2004]118CompCas507(SC); (2004)2GLR1205; JT2004(1)SC628; 2004(2)SCALE155; (2004)2SCC463; 2004(2)LC1079(SC); (2004)2UPLBEC1561

in any of the securities specified in Section 20 of the Indian Trust Act 1882 II 1992(e) in shares, or security bonds, or debentures, issued … in the Postal Savings Bank,(d) in any of the securities specified in Section 20 of the Indian Trust Act 1882 II 1992(e) in shares, or security bonds, or debentures, issued by any other society with limited liability, or(f) … Gujarat Co-operative Societies Act, 1961 (hereinafter referred to as the Act). It was carrying on the banking activities. Section 71(1)(a) to (f) of the Act enumerates various institutions in which a co-operative bank is to make investments. Clause

Krishna Bhatta and ors. Vs. Udayavar Srinivasa Shambagu and ors.

Court : Chennai

Subject : Trusts & Societies

Reported in : 32Ind.Cas.97

remaining trustees alone.7. On the first point it is contended that in accordance with the principles of the Trusts Act II of 1882, which admittedly is not applicable in this case, the resignation of the 5th muktessor is … not applicable in this case, the resignation of the 5th muktessor is invalid, and reference is made to Sections 44, 45 and 71 of that Act. Under Section 71(c) a trustee may be discharged by such means

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

Subject : Education

trustee, the “owner” must, their Lordships think, be the trustee. This is the view embodied in the Indian Trusts Act, 1882: see Ss. 3, 55, 56, etc., .. they think that the question is of no importance in the … are being scrutinised by the public.” WHAT IS THE POSITION OF CHURCH 71. The word “CHURCH” has been defined in Blacks Law Dictionary, as under: … of the trial Court on issue Nos.12, 21, 23 and additional issue No.6. 2. The suit file under Section 92 of CPC is for settling a scheme for the proper and due administration and management of the

Commissioner of Income-tax/Wealth-tax Vs. Indumathi R. Kirloskar

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961- Sections 2(47) and 64; Indian Trust Act, 1882 - Sections 9, 55 and 58

Reported in : ILR1990KAR893; 1988(3)KarLJ377

the trust properties during covertures (ii) Whether there was a valid relinquishment of her interest under the Indian Trusts Act, 1882, by execution of the release deed dated August 23, 1969, by the assessee (iii) Whether the Tribunal was … decision of the Bombay High Court in CIT v. Smt. Kasturbai Walchand Trust : [1964]51ITR255(Bom) , as also section 9 of the Indian rusts Act, 1882, that by virtue of the principle of acceleration, Vijay Kirloskar had

Commissioner of Income-tax/Wealth-tax Vs. Smt. Indumathi R. Kirloskar.

Court : Karnataka

Subject : Direct Taxation

Reported in : (1989)79CTR(Kar)121; [1989]176ITR422(KAR); [1989]176ITR422(Karn)

the trust properties during coverture ?(ii) Whether there was a valid relinquishment of her interest under the Indian Trusts Act, 1882, by execution of the release deed dated August 23, 1969, by the assessee ?(iii) Whether the Tribunal was … decision of the Bombay High Court in CIT v. Smt. Kasturbai Walchand Trust : [1964]51ITR255(Bom) , as also section 9 of the Indian rusts Act, 1882, that by virtue of the principle of acceleration, Vijay Kirloskar had