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Dec 30 2008

K. Kanakaraj S/O. K. Tukaram Vs. the Institute of Chartered Financial ...

Court : Andhra Pradesh

Decided on : Dec-30-2008

Subject : Service

Acts : The Institute of Chartered Financial Analysts of India (ICFAI), which is an educational society established under the ICFAI University Act; Andhra Pradesh Education Act, 1982 - Sections 20, 21, 79, 80, 83 and 99; Andhra Pradesh (T.A.) Public Societies Registration Act, 1350; Indian Trusts Act, 1882; Constitution of India - Articles 12 and 226; The Andhra Pradesh Educational Institutions (Establishment, Recognition, Administration and Control of Schools under Private Managements) Rules, 1993 - Rule 12

Reported in : 2009(2)ALT323

while respondent No. 2 is a Charitable Trust, established by respondent No. 1 and registered under the Indian Trusts Act, 1882, for the purpose of carrying on its charitable activities. Since respondent Nos. 1 and 2 are not performing … 2 as illegal and arbitrary, violative of principles of natural justice and without following the procedure contemplated under Section 79 of the Education Act, the petitioners filed the present writ petitions.4. The learned Counsel for the petitioners submitted

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Nov 22 1971

Keki Pestonji Jamadar and anr. Vs. Kohodadad Merwan Irani and ors.

Court : Mumbai

Decided on : Nov-22-1971

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 19, 79 and 80

Reported in : AIR1973Bom130; (1972)74BOMLR198; ILR1973Bom80; 1972MhLJ427

2(20) provides that words and expressions used but not defined in the Act and defined in the Indian Trusts Act, 1882 shall have the meaning assigned to them in that Act. Section 3 of the Indian Trusts Act defines … of which he has created the trust or had otherwise authority to create the particular trust, covered by Section 79 read with Section 80 of the Bombay Public Trusts Act, 1950? (2) Can a person who has once

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Jul 12 1996

Dr. Thomas Varghese Vs. State of Kerala

Court : Kerala

Decided on : Jul-12-1996

Subject : Direct Taxation

Acts : Kerala Agricultural Income Tax Act, 1950 - Sections 9(2) and 34

Reported in : [1997]226ITR365(Ker)

wife have been described as 'being trustees' of the trusts they represented. The trusts constituted under the Indian Trusts Act, 1882, are associations of persons and it is well-established in law that associations of persons cannot as such become … cases is whether the petitioners are liable to be assessed to agricultural income-tax invoking the provisions contained in Section 9(2)(a)(i) of the Agricultural Income-tax Act, 1950 (for short, 'the Act'). The assessment years involved in all these

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Mar 06 2007

United India Insurance Co. Ltd. Vs. Hongkong and Shanghai Banking Corp ...

Court : Mumbai

Decided on : Mar-06-2007

Subject : Tenancy

Acts : Bombay Government Premises (Eviction) Act, 1955; Bombay Municipal Corporation Act; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947; Cantonments Act, 1924; Companies (Amendment) Act, 2000; Companies Act, 1956 - Sections 3 and 25; Institutes of Technology Act, 1961; Kerala Construction Works Welfare Funds Act, 1989; Maharashtra Housing and Area Development Act, 1976; Maharashtra Rent Control Act, 1999 - Sections 3(1); Major Port Trusts Act, 1963; Presidency Small Causes Court Act, 1882 - Sections 41, 41(1) and 41(2); Public Premises (Eviction of Unauthorised Occupants) Act, 1971 - Sections 2 and 15; Public Premises (Eviction of Unauthorised Occupants) (Amendment) Act, 1980; Punjab Reorganisation Act, 1966 - Sections 79 and 80(6); Constitution of India - Article 12

Reported in : 2007(6)ALLMR843; 2007(5)BomCR316; 2007(5)MhLj313

Institute incorporated by the Institutes of Technology Act, 1961(v) any Board of Trustees constituted under the Major Port Trusts Act, 1963.(vi) the Bhakra Management Board constituted under Section 79 of the Punjab Reorganisation Act, 1966 and that Board … occupation of the suit premises. It further pleaded that under Section 41 of the Presidency Small Causes Court Act, 1882 the Small Causes Court had the jurisdiction to entertain and try the suit. By filing a written statement,

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Mar 19 1921

The Advocate-general of Bombay Vs. Yusuf Alli Ebrahim and ors.

Court : Mumbai

Decided on : Mar-19-1921

Subject : MRTP

Reported in : AIR1921Bom338; 84Ind.Cas.759

49 L.J. Ch. 415 Sir George Jessel said that the beneficiary was entitled to a charge. The Indian Trusts Act, 1882, Section 63, Illustration (b) is to the like effect. But in In re Hallett's Estate (1880) 13 Ch. D. … Borahs.71. In Ibrahim Esmael v. Abdool Carrim Peermamode (1908) A.C. 526 : 99 L.T. 445 : 24 T.L.R. 790 the wakf properties were purchased 'for the whole Muhammadan congregation of the Island' of Mauritius. The first two

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Sep 20 1967

Trustees of the Port of Madras Vs. Home Insurance Co. Ltd.

Court : Chennai

Decided on : Sep-20-1967

Subject : ContractLimitation

Acts : Madras Port Trust Act, 1905 - Sections 6, 39, 39(1), 40, 41, 41A, 104, 110 and 111; Evidence Act, 1872 - Sections 102; Contract Act, 1872 - Sections 151, 152 and 161; Madras General Clauses Act, 1891 - Sections 3(2) and 3(22); General Clauses Act, 1897 - Sections 3(42); Marine Insurance Act, 1963 - Sections 79; Transfer of Property Act, 1882 - Sections 92, 130A and 135A; Limitation Act, 1908 - Schedule - Article 120

Reported in : AIR1970Mad48

of the assured against them".In Macgillivray on Insurance Law, 5th Edition, para 1882, the Learned Author points out that the right of subrogation is a … in Sections 130-A and 135-A of the Transfer of Property Act, and this concept is now embodied in Section 79 of the Marine Insurance Act, 1963, which repeals those sections of the Transfer of Property Act. We must … of subrogation? The answer is certainly in the affirmative.Mr. V. V. Raghavan for the Board of the Port Trust of Madras does not dispute, for example, that if a suit were brought forward by the insurer against

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Aug 12 1998

Maharashtra State Co-operative Bank Ltd. Vs. Assistant Commissioner of ...

Court : Mumbai

Decided on : Aug-12-1998

Subject : Direct Taxation

Reported in : [2000]70ITD125(Mum)

modes of investment. The bank made huge investments in the securities specified in section 20 of the Indian Trusts Act, 1882, as per section 70(b) of the MCS Act and such investments were much more than the required percentage

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Jan 31 1927

Hatimbhai Hassanally Vs. Framroz Eduljee Dinshaw

Court : Mumbai

Decided on : Jan-31-1927

Subject : Property

Reported in : AIR1927Bom278; (1927)29BOMLR498

Cranworth's Act (23 & 24 Vic. c. 145) to Indian mortgages and trusts. The preamble to the former Indian Act states that it is expedient … at the rate allowed by the Court (Section 13(e)).20. Next, if we turn to the Transfer of Property Act, 1882, which was applied to this Presidency as from January 1, 1893, although Section 58 defines a mortgage to … such as consolidation (Section 61), tacking (Section 80), and the effect of a mortgage to secure further advances (Section 79). These sections include, however, the English rule as to marshalling securities (Section 81).21. As a matter of history,

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Feb 26 2013

Shree Hanuman Mandir, Alibag, Public Trust Through Its Trustees and Ot ...

Court : Mumbai

Decided on : Feb-26-2013

Subject : Land Acquisition

as a 'public trust property'. The plaintiffs have made separate application before the Authorities under the Bombay Public Trusts Act, 1950 (for short 'Act') for cancellation of the said entry. In the record before the Authorities under the … and provides that the inquiries prescribed for the trial of the suits under the Presidency Small Cause Courts Act, 1882 or the Provincial Small Cause Courts Act, 1887, as the case may be, would apply to the proceedings … alterations, the entries made or amended shall be final and conclusive. 12. He also invited my attention to Section 79, which lays down that any question, whether or not a Trust exists and such Trust is a public

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Jul 25 1955

Taraben Baldevdas Parikh Vs. Charity Commissioner, Greater Bombay Regi ...

Court : Mumbai

Decided on : Jul-25-1955

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 17, 18, 18(5), 19, 20, 21, 22, 22-A, 26, 28A, 50, 56B, 70, 70-A, 72, 79 and 80; Code of Civil Procedure (CPC), 1908 - Sections 9 and 10; Constitution of India - Article 227; Bombay Public Trusts Rules, 1951 - Rule 7; Presidency Small Cause Courts Act, 1882; Provincial Small Cause Courts Act, 1887; Bombay Village Panchayat Act

Reported in : AIR1957Bom42; (1955)57BOMLR1069

with the summons of the suit. Thereafter they submitted an application under Section 19 of the Bombay Public Trusts Act, 1950 before the Deputy Charity Commissioner, Greater Bombay Region, for registration of trust alleged to have been created … Bombay region in accordance with the procedure prescribed for trial of suits under the Presidency Small Cause Courts Act 1882, and elsewhere under the Provincial Small Cause Courts Act, 1887; and it was submitted that under the Presidency … relating to any public trust which was not the subject matter of the enquiry under Section 19.9. Under Section 79 any question whether or not a trust exists and such trust is a public trust or particular property

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