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L. Gouthamchand and anr. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trust Act, 1882 - Sections 83

Reported in : (1989)75CTR(Mad)156; [1989]176ITR442(Mad)

corpus and the accretions and that the trusts would, therefore, fail and under section 83 of the Indian Trusts Act, 1882, there would be a resulting trust in favour of the author of the trust and his wife, in

Shyamabai Wd/O Surajkaran Joshi and ors. Vs. Madan Mohan Mandir Sansth ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Indian Trusts Act, 1882 - Sections 1, 19, 20, 47, 48 and 83; Bombay Public Trusts Act, 1950 - Sections 2(13) and 2(20); Societies Registration Act, 1860 - Sections 6; Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Sections 19(1) and 129; Transfer of Property Act; Land Acquisition Act, 1894; Bombay Public Trusts Rules, 1951 - Rule 8; Constitution of India - Article 141

Reported in : 2010(1)BomCR294

Trusts Act, 1882, applies to the present case. The Courts below have argued themselves into an application of Section 83 of the Trusts Act. Sri Dixit rightly objects to this course because that Act relates only to private … referred the following questions for determination to the Full Bench:(i) Whether Sections 47 and 48 of the Indian Trusts Act, 1882 are applicable to a Public Trust and consequently, whether all the Trustees of such Public Trust are required

AllauddIn Charities and Zakath Wakf Vs. Hameed Ali and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Constitution of India - Article 226; Wakf Act, 1995 - Sections 4, 4(3), 5, 6, 6(1), 6(4), 7, 7(1), 8(1), 25, 40(1), 40(3), 40(4), 54, 54(1), 54(3), 54(4), 55, 77, 83, 83(4), 83(5), 83(9), 84 and 85; Indian Trusts Act, 1882; Societies Registration Act, 1860; Code of Civil Procedure (CPC), 1908

Reported in : 2002(1)ALD67; 2002(2)ALT534

any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, … go into the nature of such property. Learned counsel would further urge that only the Tribunal constituted under Section 83 of the Wakf Act has jurisdiction to go into the disputed questions of fact and the petitioners may

M.R. Satwaji Rao (D) by L.Rs. Vs. B. Shama Rao (Dead) by L.Rs. and ors ...

Court : Supreme Court of India

Subject : Property

Acts : Limitation Act, 1963; Transfer of Property Act, 1882 - Sections 58, 60 and 83; Indian Trusts Act, 1882 - Sections 83 and 90; Code of Civil Procedure (CPC) - Order 2, Rule 2 - Order 21, Rule 92 - Order 34, Rule 14

Reported in : AIR2008SC2328; JT2008(5)SC557; 2008(6)KarLJ1; 2008(3)KLT265(SC); (2008)5MLJ406(SC); 2008(6)SCALE554; (2008)5SCC124; 2008AIRSCW3833

suit notwithstanding anything contained in Order II, Rule 2.It is useful to refer Section 90 of the Indian Trusts Act, 1882 which reads as under:Section 90 - Advantage gained by qualified owner.- Where a tenant for life, co-owner, mortgagee … and Anr. v. Krishna Babaji Patil and Anr. : AIR1985SC1646 , again considering similar claim with reference to Section 83 of the Transfer of Property Act and Section 90 of the Indian Trusts Act, this Court held:6. The

C.Nagamanickaya Vs. K.Syamanthakamma

Court : Chennai

Subject : Civil

Acts : Specific Relief Act - Section 31; Limitation Act - Section 10; Indian Trust Act, 1882 - Section 83, 3,; Indian Contract Act, 1872 - Section 229

Trust Act, 1882, applies to the present case. The Courts below have argued themselves into an application of Section 83 of the Trust Act. Sri Dixit rightly objects to this course because that Act relates only to private … legal principles which covers all trusts, private and public and merely because they find a place in the Trusts Act, they cannot become 'untouchable' where public trusts are involved. Care must certainly be exercised not to import by … the definition of Trust. It is settled law that a cue can be had from the Indian Trust Act, 1882 for understanding the various terms as well as the salient features attached to a Trust.24. It is just

Nori Venkata Rama Dikshitulu and ors. Vs. Ravi Venkatappayya and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 83 and 88

Reported in : AIR1960AP35

are dismissed with costs. Trusts and Societies - nature of endowment - Sections 83 and 88 of Trust Act, 1882 - certain properties dedicated for charity - no written document or testament available to show nature and purpose … so granted for the benefit of the trust under the provisions contained in Section 88 of the Indian Trusts Act. It cannot be denied in the case that prior to the resumption the lands were being cultivated by

Lt. Gen. C.K. Kapur (Retd.) and ors. Vs. Guruji Ka Ashram and ors.

Court : Delhi

Subject : Civil

Acts : Indian Trust Act, 1882 - Sections 34, 73 and 83; Code of Civil Procedure (CPC) - Sections 92, 92(1) and 151 - Order 6, Rule 17 - Order 7, Rule 11

Reported in : 146(2008)DLT300; 2008(100)DRJ180

where a Division Bench of this Court had held that an application pending under Section 34 of the Trusts Act, 1882 was not maintainable because the trust created in that case was a public charitable trust and not a … Trust Act, 1882, applies to the present case. The Courts below have argued themselves into an application of Section 83 of the Trust Act. Sri Dixit rightly objects to this course because that Act relates only to private

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : 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

Reported in : 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 … opinion or advice, but also to issue directions, the High Court wrongly refused to exercise its jurisdiction, although Section 83 of the Act was squarely attracted. (ii) The expression 'principal Civil Court of original jurisdiction' contained in Section

Anam Premkumar Reddy and ors. Vs. India Fruits Ltd. and ors.

Court : Andhra Pradesh

Subject : Company

Acts : 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

Reported in : 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; … capacity of an author though he happens to be a trustee. Learned counsel for the respondents banked on section 83 to contend that where it is incapable of execution, the property will revert to the author. But that

Abdur Rahim Jiwani Vs. Vithaldas Ramdas and ors.

Court : Mumbai

Subject : Property

Acts : Trusts Act, 1882 - Sections 90; Limitation Act, 1963 - Schedule - Articles 61 and 113; Transfer of Property Act, 1882 - Sections 60, 83 and 84; Limitation Act, 1908 - Schedule - Article 134; Code of Civil Procedure (CPC), 1908 - Order 34, Rule 7

Reported in : AIR1981Bom58

upheld In this connection, Mr. Zaiwalla who appears for the plaintiff relies upon Section 90 of the Indian Trusts Act, 1882. The section reads:'90. Where a tenant for life, co-owner, mortgagee or other qualified owner of any property, by … he makes such a tender, then the mortgagor gets entitled to certain benefits under the provision of Sections 83 and 84 of the Transfer of Property Act. But there is nothing in law which compels a mortgagor