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Anam Premkumar Reddy and ors. Vs. India Fruits Ltd. and ors.
Andhra Pradesh
Sep-02-1995
Company
Companies Act, 1956 - Sections 150, 153, 153B, 155, 187A, 187B, 187C, 187C(3), 187C(4), 297(5) and 397; Indian Trusts Act, 1882 - Sections 77, 77(C) and 83
1995(3)ALT170; [1996]85CompCas625(AP)
the merits which requires to be decided is whether the trust was extinguished. Section 77 of the Indian Trusts Act, 1882 states : '77. Trust how extinguished. - A trust is extinguished, (a) when its purpose is completely fulfilled;
Tag this Judgment! AI Brief & AskPrincess Usha Trust Vs. Commissioner of Income-tax
Madhya Pradesh
Mar-19-1983
Direct Taxation
Indian Trusts Act, 1882 - Sections 6, 8, 9, 58 and 77; Hindu Minority and Guardianship Act, 1956 - Sections 8; Transfer of Property Act - Sections 6
(1983)35CTR(MP)31; [1983]144ITR808(MP)
justified in holding that the assessee-trust was not extinguished within the meaning of Section 77 of the Indian Trusts Act, 1882?(3) Whether, on 'the facts and circumstances of the case, the Appellate Tribunal was justified in relying upon the
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Vs. Mehra Trust
Allahabad
Mar-23-2005
Direct Taxation
Income Tax Act, 1961 - Sections 164, 164(3) and 256(1); Hindu Succession Act - Sections 15; Indian Trusts Act, 1882 - Sections 77
(2005)199CTR(All)603; [2006]284ITR148(All)
the majority is concerned, that would not render the trust invalid inasmuch as Section 77 of the Indian Trusts Act, 1882 takes care of the said situation. For the ready reference provisions of Section 77 of the Indian Trust
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Shivprasad 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
Tag this Judgment! AI Brief & AskSri Shyam Sunder Kayal Vs. Mist Valley Binimoy Pvt. Ltd.
Kolkata
May-15-2007
Family
Trust Act, 1882 - Sections 3, 14, 77 and 78; ;Hindu Succession Act, 1956 - Sections 14, 14(1), 14(2) and 30; ;Contract Act, 1872 - Section 229; ;Hindu Adoptions and Maintenance Act; ;Transfer of Property Act - Section 39; ;West Bengal Estates Acquisition Act; ;Specific Relief Act, 1963 - Section 6; ;Code of Civil Procedure (CPC) - Section 151 - Order 39, Rule l; ;Constitution of India - Articles 136 and 227; ;Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Section 86
(2007)3CALLT560(HC),2008(1)CHN900
the suit itself and as such the present revisional application should be dismissed.20. Section 3 of the Indian Trusts Act, 1882 is quoted below:3. Interpretation-clause.-'trust'.-A 'trust' is an obligation annexed to the ownership of property, and arising out of … & Reforms & Land & Land Utilisation Deptt. of W.B. and Ors.). According to the petitioner's learned Counsel, Section 77 or 78(a) of the Trust Act cannot be resorted to by the said Naiinibala Kayal and/or Kalyani Kumar
Tag this Judgment! AI Brief & AskKamaruddIn Saheb Vs. K.T. Palaniappa Nadar and ors.
Chennai
Apr-12-2007
Property
Transfer of Property Act - Sections 33, 122 and 126; Trust Act, 1882 - Sections 3 and 77; Contract Act - Sections 61, 62 and 63
(2007)3MLJ226
public purpose and inasmuch as the purpose has not been accomplished, under Section 77(c) of the Indian Trust Act, 1882, the trust stands extinguished. To support his contention he would also rely upon the judgement reported in AIR … and therefore, the requirement of animus possidendi is lacking. According to him under Section 77(c) of the Indian Trust Act, the plaintiffs have a right to revoke trust as long as it is admitted by the first
Tag this Judgment! AI Brief & AskShri Sidheswar Mallik and Shri B.K. Mohanty Vs. State of Orissa and or ...
Orissa
Apr-09-2002
Trusts and SocietiesCivil
Orissa Municipal Act, 1950 - Sections 87 and 374A; Constitution of India - Article 243W; Trusts Act, 1882 - Sections 77 and 78
94(2002)CLT107; 2002(I)OLR574
Council.Before going to the facts, it is profitable to have a look at Chapter VIII of the Indian Trusts Act, 1882, which deals with the provisions of extinguishment of trust. Sections 77 and 78 contained in the aforesaid chapter, … Hence, the petitioner has, inter alia, prayed for direction (i) to the State Govt. to take action under Section 401 of the Orissa Municipal Act, 1950 (in short 'the Act'); and (ii) to the All India Council
Tag this Judgment! AI Brief & AskA.S. Krishna Murthy S/O Late Srinivasan Vs. C.N. Revanna S/O C.R. Naga ...
Karnataka
Apr-03-2009
PropertyTrusts and Societies
Karnataka Rent Control Act, 1961 - Sections 21(1) and 31; Transfer of Property Act - Sections 106, 111 and 116; Indian Trust Act, 1882 - Sections 55, 56, 59 and 77; Code of Civil Procedure (CPC) - Sections 47 and 146 - Order 1, Rule 8 - Order 21, Rules 10 and 16 - Order 22, Rules 1, 2, 3, 4, 7, 8 and 10; Karnataka Schemes (Regulation) Rules, 1971 - Rule 6
2009(5)KarLJ454; 2009(4)AIRKarR486; AIR2009NOC2692(D.B)
Section 59 of the Trust Act in support of his submission. Under Section 59 of the Indian Trust Act, 1882 where no trustees are appointed or all the Trustees die, disclaim or are discharged, or where for any … incidental declaration that the properties are the subject of the trust and that they cannot be alienated.40. Further, Section 77 of the Trust Act deals with extinguishment of a trust due to certain contingencies. Under Section 77, a … in law.12. learned Senior Counsel also adverted to Section 59 of the Trust Act to contend that there was non-compliance of the said provision in
Tag this Judgment! AI Brief & AskAshok Kumar Kapur and ors. Vs. Ashok Khanna and ors.
Supreme Court of India
Mar-13-2007
Trusts and Societies
Indian Trusts Act, 1882 - Sections 11, 31, 33, 34, 45, 56, 77 and 83; Companies Act, 1956 - Sections 3(1); Trustees and Mortgagees Powers Act, 1866 - Sections 43; Indian Succession Act, 1925 - Sections 302; Charitable and Religious Trusts Act, 1920 - Sections 7; Sick Industrial Companies (Special Provisions) Act, 1985; Official Trustees Act, 1930 - Sections 10(1); Code of Civil Procedure (CPC) - Sections 90 - Order 1, Rule 8; Income Tax Rules, 1962 - Rules 14 and 88; Calcutta High Court Rules - Rule 1; Constitution of India - Articles 68 and 142
2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).
S.B. SINHA, J : Leave granted. INTRODUCTION : Interpretation of Section 34 of the Indian Trusts Act, 1882 (for short, 'the Act') is involved in this appeal which arises out of a judgment and order dated … finally decide the rights of the persons interested in the trust. RELEVANT STATUTORY PROVISIONS : Sections 11, 56, 77 and 83, which are relevant for the purpose of this appeal, read as under : "11. Trustee to
Tag this Judgment! AI Brief & AskCommissioner of Gift Tax Vs. Nandkishore Sakarlal
Gujarat
May-03-2003
Direct Taxation
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
(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 … High Court in Princess Usha Trust vs . CTT : [1983]144ITR808(MP) in which it was held that under Section 77 of the Indian Trusts Act, a trust is extinguished when the fulfilment of its purpose became impossible by
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