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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 … word 'unfit' and 'incapable' in Underhill's Law relating to Trusts and Trustees, 13th Edition, at page 613, Article 75. The learned Judge held the word 'unfit' under section 73 can take in its compass such conduct of

Fatmabibi Vs. Shaik Hassan

Court : Mumbai

Subject : Trust and Societies

Reported in : (1907)9BOMLR1071

appointment-that the trust property vested in the 2nd defendant under the provision of Section 75 of the Indian Trusts Act (II of 1882) and that in any event all that the deed of appointment conferred on the 2nd

Suppiah thevan Vs. M. Krishna Row and ors.

Court : Chennai

Subject : Civil

Reported in : 3Ind.Cas.435

The rights are, as the Subordinate Judge points out, created by the operation of Section 75 of the Trusts Act and not by the instrument of appointment.5. We have no doubt that the office of Trustee in this … Act.6. We dismiss the appeal with costs, and dismiss the revision petition. Civil Procedure Code (Act XIV of 1882), Section 437 - Trusts Act (II of 1882), Sections 73, 75--Registration Act (III of 1877), Section 17(b)--Appointment of new

Commissioner of Income-tax Vs. V.S. Kumaraswamy Reddiar Trust

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 160, 161, 161(1) and 161(2)

Reported in : (1982)26CTR(Ker)443; [1982]138ITR808(Ker)

the creation of a trust by or onbehalf of minors, as contemplated by Section 7 of the Indian Trusts Act, 1882,had not been obtained. In so doing, the ITO principally relied on paras. 2and 17 of the trust deed.

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 … carries on the religious work of the denomination whose name it bears”. 75. Therefore, a church is a voluntary association of Christians, united for discipline … 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 Gift Tax Vs. Nandkishore Sakarlal

Court : Gujarat

Subject : Direct Taxation

Acts : Indian Trusts Act - Sections 75 and 77; Gift-tax Act, 1958 - Sections 2, 6(2) and 23(11); Transfer of Property Act, 1882 - Sections 5, 122 and 126

Reported in : (2003)184CTR(Guj)27; [2003]264ITR453(Guj)

the trust property to the trustees. This is clear from the provisions of Section 6 of the Indian Trusts Act, 1882, which provides that a trust is created when the author of the trust indicates with reasonable certainty by … property would have vested by operation of law to the new trustees by virtue of the provisions ofSection 75 of the Indian Trusts Act, which provides that, whenever any new trustee is appointed under Section 73 ofSection

Taraprasanna Ganguly and ors. Vs. Naresh Chandra Chakrabarty and ors.

Court : Kolkata

Subject : Civil

Reported in : AIR1933Cal329

to a passage in Lewin on Trusts (Edn. 13 at p. 235) and to the provisions of the Trusts Act (2 of 1882), Sections 75 and 76, as embodying the rules of equity, justice and good conscience in … on Trusts (Edn. 13 at p. 235) and to the provisions of the Trusts Act (2 of 1882), Sections 75 and 76, as embodying the rules of equity, justice and good conscience in support of his contention.

Raja Baldeodas Birla Santati Kosh and ors. Vs. Commissioner of Income- ...

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 256(1) and 256(2); Indian Trusts Act, 1882 - Sections 11

Reported in : [1987]164ITR551(Raj)

Trust in favour of Jankalyan Trust was in contravention of the provisions of Section 11 of the Indian Trusts Act, 1882, and that the trustees did not have any power to gift or alienate any portionof the property of

L. Gouthamchand and anr. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trust Act, 1882 - Sections 83

Reported in : (1989)75CTR(Mad)156; [1989]176ITR442(Mad)

corpus and the accretions and that the trusts would, therefore, fail and under section 83 of the Indian Trusts Act, 1882, there would be a resulting trust in favour of the author of the trust and his wife, in

Shanti Devi Vs. State and ors.

Court : Delhi

Subject : Trusts and Societies

Acts : Trust Act, 1882 - Sections 34

Reported in : AIR1982Delhi453; 21(1982)DLT404; 1982(3)DRJ207

On 1.6.1978 Shanti Devi and her father Sant Singh made an application under section 34 of the Indian Trusts Act 1882 (the Act) to the district judge seeking his opinion, advice and direction for the due administration of the