Advanced Search Results

Suguna and K. Devi Vs. Vinod G. Nehemiah and ors.

Court : Chennai

Subject : Property

Acts : Indian Contract Act, 1872 - Sections 16, 16(2) and 16(3); Specific Relief Act, 1963 - Sections 34; Evidence Act - Sections 111 and 230A; Indian Trusts Act, 1882 - Sections 8; Code of Civil Procedure (CPC) - Order 6, Rules 2 and 4

Reported in : 2008(2)CTC433; 2008(2)CTLJ223(Mad); (2008)5MLJ167

and this is a clear case of a breach of trust as per Section 8 of the Indian Trusts Act, 1882.48. It is seen that in the plaint filed before the City Civil Court, the first appellant sought for

Princess Usha Trust Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : 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

Reported in : (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 … justified in confirming the finding of the CIT(A), that the 1st A.D.J., Indore, while passing his order under Section 8 of the Hindu minority & Guardianship Act, 1956, did not go into the question whether the minors could

P.N.George Wilson. Vs. the State Represented and ors.

Court : Chennai

Subject : Civil

Acts : Indian Stamp Act, 1899 - Section 2(24), 6, Article 64, 58; Indian Trust Act, 1882 - Section 5; Transfer of Property Act, 1882 - Section 8; Revenue Recovery Act - Section 58(a)(ii), 33A,

Division Bench was not, therefore, correct in law in interfering with the decree of the trial Court.15. Indeed, Section 8 of the Transfer of Property Act, 1882 is a rule of construction which avoids speculation as to the … answers the definition of 'settlement' also. It is well settled that all trusts are not settlements, and all settlements are not trusts, but a deed … also will not apply.7. The Learned Counsel for the Appellant refers to Section 5 of the Indian Trust Act, 1882 which reads as follows:- 5.Trust of immovable property:- No trust in relation to immovable property is valid unless declared

The Commissioner of Income-tax, Bombay Vs. Smt. Kasturbai Walchand Tru ...

Court : Supreme Court of India

Subject : Trusts and SocietiesDirect Taxation

Acts : Income-tax Act - Sections 4(3); Indian Trusts Act, 1882 - Sections 9 and 58

Reported in : AIR1967SC844; [1967]63ITR656(SC); 1967MhLJ647(SC); [1967]2SCR7

tax under section 4(3)(i) of the Act in view of the applicability of s. 9 of the Indian Trusts Act, 1882. The Income-tax Appellate Tribunal, on further appeal, upheld the same decision, but on a slightly different ground. The … These provisions were contained in clause 7 of the deed of trust. The next provision contained in clause 8 of the deed was that, from and after the death of Bai Kasturbai, the trustees were directed to

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 … a part of the asset of the assessee-company. If power of compulsory purchase is not exercised, then under Section 8 it continues to form part of the assets of the undertaking and can be dealt with like any

The Cpio, Supreme Court of India Vs. Subhash Chandra Agarwal and anr.

Court : Delhi

Subject : Right to Information

Acts : Right to Information Act (RTI), 2005 - Sections 2, 3, 4, 5, 6, 6(3), 7, 8, 8(1), 20, 22, 24, 24(2) and 28; Prevention of Corruption Act; Government Act, 1978; Indian Trusts Act, 1882 - Sections 88; Guardians and Wards Act, 1890 - Sections 20; Judicial Disclosure Responsibility Act, 2007; Trusts Act - Sections 88; Constitution of India - Articles 12, 19, 19(1), 32, 33, 124, 162, 226, 239, 309, 324 and 326

Reported in : 162(2009)DLT135

the suit money..The following kinds of relationships may broadly be categorized as 'fiduciary': . Trustee/beneficiary (Section 88, Indian Trusts Act, 1882) . Legal guardians / wards (Section 20, Guardians and Wards Act, 1890) . Lawyer/client; . Executors and administrators … deemed such declarations 'confidential'. It was also contended that the disclosure would be contrary to the provisions of Section 8(1) of the Act. 5. The CIC, in its impugned order, reasoned that since the Supreme Court was established

The Central Public Information Officer, Supreme Court of India Vs. Sub ...

Court : Delhi

Subject : Right to information

Acts : Right to Information Act (RTI), 2005 - Sections 2, 3, 4, 4(1), 5, 6, 6(2), 6(3), 7, 8, 8(1), 11, 11(1), 11(2), 11(3), 11(4), 19, 19(3), 22, 24, 24(2) and 28; Freedom of Information Act, 2002; Prevention of Corruption Act, 1988; Indian Trusts Act, 1882 - Sections 88; Guardians and Wards Act, 1890 - Sections 20; Official Secrets Act, 1923; Indian Penal Code (IPC), 1860; Constitution of India - Articles 12, 19, 19(1), 32, 33, 124, 162, 226, 239, 309, 324 and 326; Right to Information Rules

Reported in : 2010(1)KarLJ383

fiduciary capacity. The Supreme Court affirmed the High Court's findings. The Court noticed Section 88 of the Indian Trusts Act, which reads as follows:Section 88. Advantage gained by fiduciary.- Where a trustee, executor, partner, agent, director of a … relationships may broadly be categorised as 'fiduciary':Trustee/beneficiary (Section 88, Indian Trusts Act, 1882)Legal guardians/Wards (Section 20, Guardians and Wards Act, 1890)Lawyer/client;Executors and administrators/legatees and heirsBoard … deemed such declarations 'confidential'. It was also contended that the disclosure would be contrary to the provisions of Section 8(1) of the Act.5. The CIC, in its impugned order, reasoned that since the Supreme Court was established by

M.E. Moolla Sons Limited Vs. the Official Assignee

Court : Mumbai

Subject : Property

Reported in : (1936)38BOMLR1011

property ' according to the law of India. It is further to be observed that by the Indian Trusts Act (II of 1882), Section 5, conformably to the general scheme of the other statute:-No trust in relation to … 54 by itself is in the present case a sufficient answer on the facts and Section 5 and Section 8 of the Indian Trusts Act are additional difficulties.26. It was suggested before the Board that under Sections 88,

Vidyodaya Trust Vs. Mohan Prasad R. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 92, 92(1), 104(1) and 115 - Order 1, Rule 8 - Order 11, Rule 21 - Order 23, Rule 1; Indian Trust Act, 1882 - Sections 34; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 92(3); Constitution of India - Article 227

Reported in : AIR2008SC1633; 2008(2)AWC1591(SC); (SCSuppl)2008(3)CHN154; 2(2008)CLT44(SC); 2008(3)CTC868; JT2008(3)SC119; 2008(2)KLT68(SC); 2008(4)MhLj18; (2008)3MLJ967(SC); 2008(3)SCALE; 2008AIRSCW1817; 2008(3)CivilLJ706; 2008(2)Supreme265

Section 92 CPC questioning legitimate decisions taken by the majority. The Court does not deal with administration of trusts. Only if the pre-conditions are satisfied then only leave can be granted as provided in Section 92. There … filed OP No. 238 of 2000 before the District Judge, Ernakulam under Section 34 of the Indian Trust Act, 1882 (in short the 'Trust Act') in respect of Vidyodaya Trust and administration of the said trust and the … Procedure, 1908 (in short the 'CPC'). 2. Defendants 1 to 3, 6, 8 and 10 had moved the High Court in Civil Revision Petition questioning

The State of Madhya Pradesh Vs. Mother Superior Convent School and anr ...

Court : Madhya Pradesh

Subject : Trusts and SocietiesConstitution

Acts : Constitution of India - Articles 25, 26 226, 227 and 246; Madhya Pradesh Public Trusts Act, 1951 - Sections 2(4), 4, 5 and 8; Code of Civil Procedure (CPC) , 1908 - Sections 92

Reported in : AIR1958MP362

the provisions of Section 2 (1) of the Act to refer to all the matters which the Indian Trusts Act, 1882, indicates. We have to assign to the word 'trust' the meaning as given in the Indian Trusts Act.That … and those entries become final, subject to the provisions of the Act: Section 7. I need notice only Section 8, which confers a right of suit on any working trustee or person having interest in a public trust