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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

The Committee of Management of the Baranagore Jute Factory Vs. State o ...

Court : Kolkata

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138, 141 and 142; ;Companies Act, 1956 - Section 446; ;Indian Trust Act, 1882 - Section 74; ;Guardians and Wards Act, 1890

Reported in : (1993)2CALLT189(HC),98CWN421

As for example, a competent court may appoint someone as a trustee Under Section 74 of the Indian Trusts Act, 1882 or as a guardian of a minor under the provisions of the Guardians and Wards Act, 1890. There

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

In Re: H.E.H. the Nizam's Jewellery Trust

Court : Supreme Court of India

Subject : CivilContract

Acts : Trusts Act, 1882 - Sections 47, 48, 49 and 74; ;Code of Civil Procedure (CPC) - Order 39, Rule 1; ;Contract Act, 1872 - Section 2 ; ;Antiquity and Art Treasures Act, 1972

the trust, must be taken by all of them acting together, as provided by Section 48 of the Trusts Act, 1882. Section 48 of the Trusts Act provides as follows:48. When there are more trustees than one, all must join … O. P. No. 141 of 1978, in the Court of the Chief Judge, City Civil Court, Hyderabad, under Section 74 of the Trusts Act for removal of the present trustees for alleged dereliction of duty, negligence and mismanagement

Commissioner of Income-tax Vs. Sijua (Jharriah) Electric Supply Co. Lt ...

Court : Kolkata

Subject : Direct Taxation

Acts : Electricity Supply Act, 1948; ;Indian Trusts Act, 1882

Reported in : (1983)37CTR(Cal)319,[1984]145ITR740(Cal)

maximum. (2) The sums appropriated to the Contingencies Reserve shall be invested in securities authorised under the Indian Trusts Act, 1882, and such investment shall be made within a period of six months of the close of the year … J.1. The following question of law has been referred at the instance of the Commissioner of Income-tax under Section 256(1) of the I.T. Act, 1961:'Whether, on the facts and in the circumstances of the case, the Tribunal

Shalimar Video Company, Rep. by Its Partner Mr. Mohd. Ashraf Vs. Divya ...

Court : Andhra Pradesh

Subject : PropertyIntellectual Property Rights

Acts : Copyright Act, 1957 - Sections 2, 14, 19(2) and 51; Indian Trusts Act, 1882 - Sections 73 and 74; Civil Practice Rules - Rule 32; Cinematograph Act - Sections 2; Bombay Cinemas (Regulations) Act, 1953; Code of Civil Procedure (CPC) - Order 41, Rule 24

Reported in : 2004(6)ALD447; 2004(6)ALT244

taken by the plaintiff in this appeal with regard to the application of Section 73 of the Indian Trusts Act 1882 (for short 'the Trusts Act'), I deem it absolutely necessary to formulate the first point for consideration, exercising … Nagireddy was seriously ill and in a state of invalidation. 48. This contingency has been met with by Section 74 of the Trusts Act. Section 74 of the Trusts Act deals with the power of the Court to

Nathabhai Devidas Vs. Vaghjibhai Jhaverbhai

Court : Mumbai

Subject : Trusts and SocietiesProperty

Reported in : AIR1928Bom20; (1927)29BOMLR1577

Amberson Marten, Kt., C.J.1. In this matter the learned District Judge on a petition under the Indian Trusts Act, 1882, has purported to remove from their office the trustees appointed by the will of the father of the-minor. … Section 73 could not apply. The old trustees obviously have not removed themselves.3. Next if one turns to Section 74: 'Whenever any such vacancy or disqualification occurs and it is found impracticable to appoint a new trustee under

Chatrabhuj Mavji Merchant Vs. Sumati Morarjee and ors.

Court : Mumbai

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 … the Principal Court a power to determine incapacity of a trustee in certain cases. The beneficiary can under section 74 petition this Court without filing a suit for the appointment of a new trustee. The used provision section

Abdul Foatim Mohamed Vs. Ijjatannessa Khatun and ors.

Court : Kolkata

Subject : Family

Reported in : 57Ind.Cas.782

to support the order that has been made by reference to Sections 73 and 74 of the Indian Trusts Act of 1882. It should be mentioned here that the order of the District Judge was one not made … purposes. But the opposite party has endeavoured to support the order that has been made by reference to Sections 73 and 74 of the Indian Trusts Act of 1882. It should be mentioned here that the order

Jaymal Thakore Vs. Charity Commissioner, Gujarat State and ors.

Court : Gujarat

Subject : Civil

Acts : Code of Civil Procedure (CPC), 1908 - Sections 2(15) - Order 3, Rules 1, 2 and 3; Advocates Act, 1961 - Sections 30, 31, 32 and 33; Bombay Public Trusts Act, 1950 - Sections 40, 41, 41C, 43(2), 50, 50A, 50A(4), 70, 70A, 72, 72(1), 72(4), 73 and 74; Indian Penal Code (IPC), 1860 - Sections 193, 219 and 228; The Bombay Public Trusts Rules, 1951 - Rule 7; Provincial Small Causes Courts Act, 1887 - Sections 17 and 17(1); Ahmedabad City Courts Act, 1961; Ahmedabad Small Causes Courts Rules; Presidency Small Cause Courts Act, 1882

Reported in : AIR2001Guj279; (2001)3GLR2124

of enquiry Application No. 1 of 1992 filed in this Office under Section 50A of the Bombay Public Trusts Act, wherein the Chartered Accountant Shri Jaymal Thakore has appeared with the Authority letter and authority executed on stamp … possible in accordance with the procedure prescribed for the trial of suits under the Presidency Small Causes Courts Act, 1882, where that Act is in force and elsewhere under the Provincial Small Causes Courts Act, 1887. In any … the Code of Civil Procedure, 1908, in trying a suit :(a) xxx(b) xxx(c) compelling the production of documents.'7. Section 74 states that all enquiries and appeals under the Act shall be deemed to be judicial proceedings within the