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Dec 13 1991

Chatrabhuj Mavji Merchant Vs. Sumati Morarjee and ors.

Court : Mumbai

Decided on : Dec-13-1991

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 7, 11, 22, 32, 34, 36, 46, 72 and 74; Code of Civil Procedure (CPC) , 1908 - Sections 2(4) and 15; Bombay High Court (Original Side) Rules, 1980 - Rules 26 and 27; Bombay City Civil Court Act, 1948 - Sections 3 and 12; Bombay Civil Courts Act, 1869 - Sections 5 and 8

Reported in : 1991(4)BomCR289

and that defendant No. 1 had committed several breaches of trust vis-a-vis the trust deed and the Indian Trusts Act, 1882 (Trusts Act). The jurisdiction clause in the plaint ascribes jurisdiction to the City Court because the actionable causes … 53 prohibits a trustee from acquiring any interest in trust property except with the permission of this Court. Section 72 empowers this Court to control and applied for discharge from his office by a trustee. Section 72 confers

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Mar 03 1955

Priyanath Sasmal and anr. Vs. Mrutunjoy Pani and anr.

Court : Orissa

Decided on : Mar-03-1955

Subject : Property

Acts : Trusts Act, 1882 - Sections 90; Limitation Act, 1908 - Schedule - Articles 120 and 148; Transfer of Property Act, 1882 - Sections 60 and 72

Reported in : AIR1956Ori61

sale the case is well covered by the principles underlying the provisions of Section 90, Illustration (c), Indian Trusts Act, 1882. Section 90 runs thus:'Where a tenant for life, co-owner, mortgagee or other qualified owner of any property, by availing … arrears of rent but simply an embodiment of the rights conferred upon him by the provisions of Section 72(b), Transfer of Property Act, 1882.Section 72 gives the mortgagee the right to spend such money as may be

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Apr 02 1952

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

Court : Allahabad

Decided on : Apr-02-1952

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 … by the Court in circumstances other than those mentioned in-the earlier Clauses (a) to (e). The language of Section 72 which deals with the manner in which the District Judge may discharge a trustee upon a petition presented

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Jul 28 1998

M/S. G.V. Films Limited, 4, Seshadri Road, Alwarpet, Chennai-600 018 V ...

Court : Chennai

Decided on : Jul-28-1998

Subject : Commercial

Acts : Recovery of Debts due to Banks & Financial Institutions Act, 1993 -- Sections 2, 4(1), 31(1) & (2); Indian Contract Act, 1872 -- Sections 72; Trust Act, 1882 -- Sections 90, 94 and 95; Companies Act, 1956 -- Sections 4-A; Unit Trust of India Act, 1963 -- Sections 3

Reported in : [2000]100CompCas257(Mad); 1998(2)CTC518

Institutions Act, 1993, Section 72 of Indian Contract Act, 1872 and Sections 90, 94 and 95 of Trust Act, 1882 - appellant has been mistakenly credited with dividend due to someone else - suit for recovery of impugned … which followed it through the bank and into the hands of the trustees'. (Italics supplied)Section 90 of the Trusts Act states that if there is a person in a fiduciary relation to another, he cannot take advantage of

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Nov 05 1997

Shivprasad Shankarlal Pardeshi, Since Deceased by His Heirs Vs. Leelab ...

Court : Mumbai

Decided on : Nov-05-1997

Subject : Trusts and SocietiesProperty

Acts : 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

Reported in : 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 … learned Single Judge on 17th August 1994 for deciding the following three questions:(1) Whether an appeal filed under section 72(4) of Bombay Public Trusts Act, 1950 is subject to restrictions and limitations imposed on a 'Second Appeal' as

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Mar 31 2006

Vaishnav Shorilal Puri and Vishal Vaishnav Puri Vs. Kishor Kundan Sipp ...

Court : Mumbai

Decided on : Mar-31-2006

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 81, 397, 398, 399, 399(1), 402, 403, 406, 433 and 492; Trust Act, 1882 - Sections 88 and 90; Partnership Act - Sections 54; Companies (Amendment) Act, 1913 - Sections 153C; Contract Act - Sections 27; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2

Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)

and seeking a direction to make good the advantage gained as provided under Section 88 of the Indian Trusts Act, 1882. The defence of Puri Group was that there were other prior disputes on financial aspects between Puris and … Judge of Karnataka High Court in S.D.N. Wadiyar v. Sri Venkateshwara Real Estate P. Ltd. reported in (1991) 72 CompCas 211 to the effect that the question of good faith has to be tested by the conduct

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May 05 2009

Hidayatkhan Bismillakhan Pathan Vs. Vaijnath and ors.

Court : Supreme Court of India

Decided on : May-05-2009

Subject : ElectionTrusts and Societies

Acts : 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

Reported in : 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

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 … it. For the said purpose the parties affected thereby are required to be given an opportunity of hearing. Section 72 provides for an application before the District Judge from a decision of a Charity Commissioner inter alia rendered

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Feb 05 2005

Anna S/O Shriram Fate Vs. Joint Charity Commissioner and anr.

Court : Mumbai

Decided on : Feb-05-2005

Subject : Trusts and Societies

Acts : 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

Reported in : 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 … the petitioner has by the Asstt. Charity Commissioner has to be challenged by filing of an appeal under Section 72 or revision application under Section 70-A of Bombay Public Trusts Act, only and cannot be sought to be … 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.

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Apr 02 1998

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

Court : Supreme Court of India

Decided on : Apr-02-1998

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 … proceedings. The appellant filed a C.M.A against the said order under Section 72(1) of the said Act before the City Civil Court. The City Civil

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Nov 26 1979

Jagatnarayansingh Swarupsingh Chithere and ors. Vs. Swarupsingh Educat ...

Court : Mumbai

Decided on : Nov-26-1979

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 6, 22, 70, 72, 72(1), 73 and 76; Bombay Public Trusts Rules - Rule 7; Code of Civil Procedure (CPC) , 1908 - Sections 96; Presidency Small Causes Courts Act, 1882; Provincial Small Causes Courts Act, 1887

Reported in : 1980MhLJ372

Education Society, by its President and Manager Smt. Meenabai Amarsingh Chithore, under section 72 of the Bombay Public Trusts Act raises inter alia, a question of some importance to all public trusts viz. :In inquiry under section 22 … Region in accordance with the procedure prescribed for the trail of suits under the Presidency Small Cause Courts Act, 1882 and else where under the Provincial Small Cause Courts Act, 1887.'8. Therefore, though prima facie it appears to

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