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M. Govindarajan and ors. Vs. the Indian Overseas Bank, Pondicherry by ...

Court : Chennai

Subject : Property

Reported in : (1993)1MLJ189

the Ordinance. Section 7(1) of the Act provides for repeal of Sections 81,82 and 94 of the Indian Trusts Act, 1882, Section 66 of the Code of Civil Procedure, 1908 and Section 281-A of the Income Tax Act, 1961. Section

Anil BhasIn Vs. Vijay Kumar BhasIn and ors.

Court : Delhi

Subject : Property

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 2, 3, 3(2), 4, 4(2), 4(3) and 7; Indian Trusts Act, 1982 - Sections 81, 82 and 94; Code of Civil Procedure (CPC) - Order 6, Rule 17

Reported in : 2003(67)DRJ174

view of Section 7 of the Benami Transaction Act, which repealed Sections 81 and 82 of the Indian Trusts Act 1882, there cannot be the same concept of trusteeship or fiduciary capacity, or that of the transferee being deemed

R. Rajagopal Reddy and ors. (Deceased by Legal Representatives) Vs. Pa ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3, 3(1), 3(3), 3(4), 4, 4(1), 4(2) and 7(1); Benami Transactions (Prohibition of the Right to Recover Property) Ordinance, 1988; Indian Trusts Act, 1882 - Sections 81, 82 and 94; Code of Civil Procedure (CPC) -, - Sections 66; Income Tax Act, 1961 - Sections 281A; General Clauses Act - Sections 6

Reported in : AIR1996SC238a; 1995(2)ALT1(SC); 1995(1)CTC568; [1995]213ITR340(SC); JT1995(2)SC667; 1995(1)SCALE692; (1995)2SCC630

this stage, we may also usefully refer to Section 7(1) of the Act which lays down that Sections 81, 82 and 94 of the Indian Trusts Act, 1882 (2 of 1882), Section 66 of the, Code of … this Act, benami transactions were a recognised specie of legal transactions pertaining to immovable properties. Under the Indian Trusts Act, 1882 almost 113 years back the then legislature enacting the law laid down in Section 82 as under:-"Transfer to

A. Rakkiyana Gounder Vs. Chinnu Goundan and anr.

Court : Chennai

Subject : CivilProperty

Acts : Evidence Act, 1872 - Sections 92; Trusts Act, 1882 - Sections 81

Reported in : AIR1954Mad84; (1953)2MLJ450

the plaintiff to establish a trust under Section 92, Evidence Act, and also under Section 81 of the Trusts Act. Though reference was made in paragraph 8 of the plaint that the deed was a nominal one, in … the lower courts will be refunded. Indian Evidence Act (I of 1872), Section 92--Indian Trusts Act (II of 1882), Section 81--Deed of sale--Oral agreement to retain beneficial interest in the vendor--Resulting trust in vendee-- Oral evidence of agreement

F.J.R. Kerwick Vs. K.M. Kerwick

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1921)23BOMLR730

abstain from expressing any opinion whatever upon them.5. The provisions of Sections 81 and 82 of the Indian Trusts Act, 1882, do not appear to affect this case.6. The remaining question for decision, one of fact but by no … circumstances their Lordships think it right to abstain from expressing any opinion whatever upon them.5. The provisions of Sections 81 and 82 of the Indian Trusts Act, 1882, do not appear to affect this case.6. The remaining

Bathula Anasuya and anr. Vs. Bathula Rayudu and ors.

Court : Andhra Pradesh

Subject : FamilyProperty

Acts : Benami Transactions (Prohibition of Right to Recover Property) Ordinance, 1988 - Sections 2; Trusts Act, 1882 - Sections 4, 81 and 82

Reported in : AIR1989AP290; [1990]182ITR45(AP)

of Benami Transactions ( Prohibition of Right to Recover Property) Ordinance, 1988 and Sections 81 and 82 of Trusts Act, 1882 - suit for partition filed - property purchased by a person in name of another after paying consideration … both the transactions. But in that case, we overlooked Section 4 repealing Section 82 ofthe Trusts Act, keeping Section 81. It is well-known that Section 82 of the Trusts Act (2 of 1982) governs the cases oE benami

R. Rajagopal Reddy (Dead) by L.Rs. and Others Vs. Padmini Chandrasekha ...

Court : Supreme Court of India

Subject : Commercial

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3(1 and 3) and 4(1 and2); Indian Trust Act, 1882 - Sections 7(1), 81, 82 and 94; Code of Civil Procedure (CPC) - Sections 36, 66 and 317; Transfer of Property Act, 1882; Indian Penal Code; Income Tax Act, 1961 - Sections 281A; Code of Criminal Procedure (CrPC) , 1973; General Clauses Act, 1897 - Sections 6

Reported in : AIR1996SC238; 1996(1)BLJR116; (1995)124CTR(SC)311; 1996(6)KarLJ531; 1995(0)MPLJ402; [1995]1SCR715

this stage, we may also usefully refer to Section 7(1) of the Act which lays down that Sections 81 82 and 94 of the Indian Trusts Act, 1882 (2 of 1882), Section 66 of the Code of … this Act, benami transactions were a recognised specie of legal transactions pertaining to immovable properties. Under the Indian Trusts Act, 1882 almost 113 years back the then legislature enacting the law laid down in Section 82 as under :-Transfer

Krushanadas Nagindas Bhate Vs. Bhagwandas Ranchhoddas and ors.

Court : Mumbai

Subject : Civil

Acts : Evidence Act, 1872 - Sections 68, ;Transfer of Property Act, 1882 - Sections 123; Trusts Act, 1881 - Sections 81

Reported in : AIR1976Bom153

payable to either of them or the survivor with in the frame work of Section 81 of the Trusts Act, 1882 - The Court ruled that on the death of the one, there was resulting trust in favour of

Ouseph Chacko and anr. Vs. Raman Nair Raghavan Nair

Court : Kerala

Subject : Property

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3 and 4; Trusts Act, 1882 - Sections 81, 82, 84 and 94; Evidence Act, 1872 - Sections 92

Reported in : AIR1989Ker317; [1989]180ITR511(Ker)

latter case. The principle underlying the former case is also statutorily recognised in S. 82 of the Indian Trusts Act, 1882, which provides that where property is transferred to one person for a consideration paid or provided by another … Indian Trusts Act has in Chap. IX made provisions for 'certain obligations in the nature of Trusts'. 20. Section 81 reads thus :-- '81. Where it does not appear that transferor intended to dispose of beneficial interest-- Where

G.E. Peter Paul and Others Vs. T. Chandramouli and Others

Court : Andhra Pradesh

Subject : Property

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3(1), 81, 82 and 84; Code of Civil Procedure (CPC), 1908 - Order 41, Rule 27; Indian Trusts Act, 1882 - Sections 82

Reported in : 1999(6)ALD207

latter case. The principle underlying the former case is also statutorily recognised in Section 82 of the Indian Trusts Act, 1882.'Now in the instant case we are concerned with the former category. As can be seen from the … that the suit house was purchased under Ex.A11 registered sale-deed in trust in favour of defendant No.10. Sections 81, 82 and 84 which are germane for consideration in the context of the plea taken by the defendants