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Nov 22 1985

ignatius Louis Mascaranhas of Bombay Vs. Central Bank Executor and Tru ...

Court : Mumbai

Decided on : Nov-22-1985

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 78

Reported in : 1986(1)BomCR377

him by the deceased Settlor in the circumstances of the case 3. Under section 78 of the Indian Trusts Act, 1882 a trust which is created otherwise than by Will can be revoked in three circumstances, (a) where all

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Nov 19 2011

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

Court : Karnataka

Decided on : Nov-19-2011

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 … specifically contended, that even if it is held that it is not a private trust, the principles underlying Section 78 of the Trust Act is applicable. Clauses (13) and (9) of the trust deeds reserves in the author

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Dec 23 1970

Uppalapati Venkataratnam Vs. Sri Chennakeswavaswami Temple, Uppalapadu

Court : Andhra Pradesh

Decided on : Dec-23-1970

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 14; Limitation Act, 1908 - Sections 142 - Schedule - Articles 142 and 182; Code of Civil Procedure (CPC), 1908 - Sections 47; Madras Hindu Religious Endowments Act, 1927 - Sections 78

Reported in : AIR1972AP152

dismissed with costs throughout.14. Appeal dismissed. Trusts and Societies - title by adverse possession - Section 14 of Trusts Act, 1882, Section 142 and Articles 142 and 182 of Schedule to Limitation Act, 1908, Section 47 of Code of Civil … B-1). The subsequent Trustees of the temple filed O. P. No. 102/30 in the District Court, Guntur under Section 78 of the Madras Hindu Religious Endowments Act 2 of 1927 for recovery of possession of the temple lands

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Mar 12 1909

Sayed Zakir Ali Vs. Musammat Umatul Habib Begum and ors.

Court : Allahabad

Decided on : Mar-12-1909

Subject : Limitation

Reported in : 1Ind.Cas.347

suit and we dismiss his appeal with costs including fees on the higher scale. Trusts Act (II of 1882), Section 78 Clause (c) - Revocation of trust--Limitation Act (XV of 1877). Section 10--Misappropriation by trustee Limitation--Time runs from the

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Aug 22 2006

Basanti Seal and ors. Vs. Hiralal Seal and ors.

Court : Kolkata

Decided on : Aug-22-2006

Subject : Property

Acts : Trusts Act, 1882 - Sections 6, 13 and 78; ;Transfer of Property Act, 1882 - Sections 5 and 14; ;Code of Civil Procedure (CPC) , 1908 - Section 11

Reported in : 2007(1)CHN55

Town Trust reported in : [1996]217ITR699(SC) and on referring to Illustration (c) of Section 6 of the Indian Trusts Act, 1882 assailed the said deed of trust as invalid and void mainly on three-fold grounds viz (1) there is … hit by the Rule against perpetuity. Mr. Mitra contended that the power of revocation as per provision of Section 78(b) of the Trusts Act can be exercised only by the author of the trust and cannot be left

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Apr 09 2002

Shri Sidheswar Mallik and Shri B.K. Mohanty Vs. State of Orissa and or ...

Court : Orissa

Decided on : Apr-09-2002

Subject : Trusts and SocietiesCivil

Acts : Orissa Municipal Act, 1950 - Sections 87 and 374A; Constitution of India - Article 243W; Trusts Act, 1882 - Sections 77 and 78

Reported in : 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, … Trust created otherwise than by a Will can only be revoked as per Clauses (a) to (c) of Section 78. In the present situation, the Trust is in perpetuity and irrevocable and hence, in our view, it could

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May 15 2007

Sri Shyam Sunder Kayal Vs. Mist Valley Binimoy Pvt. Ltd.

Court : Kolkata

Decided on : May-15-2007

Subject : Family

Acts : 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

Reported in : (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 … recorded that the settlement deed dated 25th January, 1968 excepting the Clause 6 is revoked in terms of Section 78(a) of the Indian Trust Act and the said Kalyani Kumar and Nalinibala Kayal will become absolute owners in

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Nov 13 1987

Muffakham Jah Bahadur and ors. Vs. H.E.H. Nawab Mir Barkat Ali Khan Ba ...

Court : Andhra Pradesh

Decided on : Nov-13-1987

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 11, 34, 56 and 78; Code of Civil Procedure (CPC), 1908 - Order 1, Rule 10

Reported in : AIR1989AP68

1984 are dismissed. No costs. Trusts and Societies - beneficiaries - Sections 34, 11, 56 and 78 of Trusts Act, 1882 - whether trust can be dissolved - arrangement beneficial to all parties - no injury caused to any … trustee to transfer the trust property to them or to such person as he or they may direct. Section 78 provides that the trust otherwise created than by a will can be revoked by consent of all the

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Apr 26 1948

Khatoon Jannat Bibi Vs. Syed Wali Ullah and anr.

Court : Allahabad

Decided on : Apr-26-1948

Subject : Trusts and Societies

Reported in : AIR1949All310

3rd March 1937, Mt. Khatoon Jannat Bibi made an application purporting to be under Bs. 73 and 74, Trusts Act, 1882 (II [2] of 1882) to the District Judge of Allahabad in which she played for the following reliefs:(a) … heard and decided according to law.3. The learned District Judge on 16th April 1943 purporting to act under Section 78, Trusts Act,' held that Syed Wali Ullah was unfit to continue in office as a trustee and he,

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Feb 16 2008

Jmc Educational Trust Vs. Customs, Excise and Service Tax Appellate Tr ...

Court : Chennai

Decided on : Feb-16-2008

Subject : Service TaxConstitution

Acts : Indian Trust Act, 1882; Finance Act, 1994 - Sections 35(F), 65(26), 75A, 77 and 78

Reported in : (2008)217CTR(Mad)263; 2008[10]STR436; (2008)14VST307(Mad)

ORDERS. Nagamuthu, J.1. The petitioner is a trust, registered under the Indian Trust Act, 1882, and is engaged in promoting … ORDERS. Nagamuthu, J.1. The petitioner is a trust, registered under the Indian Trust Act, 1882, and is engaged in promoting education and conducting classes to the students under the Distance Education Programme of … imposed penalty to the tune of Rs. 71,200 and Rs. 1,000 under Section 77 and Rs. 71,200 under Section 78 and Rs. 500 under Section 75A of the Finance Act, 1994.3. The petitioner challenged the same by way

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