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Vaishnav Shorilal Puri and Vishal Vaishnav Puri Vs. Kishor Kundan Sipp ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 81, 397, 398, 399, 399(1), 402, 403, 406, 433 and 492; Trust Act, 1882 - Sections 88 and 90; Partnership Act - Sections 54; Companies (Amendment) Act, 1913 - Sections 153C; Contract Act - Sections 27; Code of Civil Procedure (CPC) , 1908 - Order 6, Rule 2

Reported in : 2006(4)BomCR358; (2006)6CompLJ74(Bom); [2006]69SCL349(Bom)

and seeking a direction to make good the advantage gained as provided under Section 88 of the Indian Trusts Act, 1882. The defence of Puri Group was that there were other prior disputes on financial aspects between Puris and

Abdul Razack and ors. Vs. Mahammad Rahamatullah and ors.

Court : Andhra Pradesh

Subject : Property

Acts : Trusts Act, 1882 - Sections 88

Reported in : AIR1964AP522

the plaintiffs in relation to that property just as the first defendant is. Section 88 of the Indian Trusts Act, 1882, based on the well-recognised principles of English law, is as follows :'Where a trustee, executor, partner, agent, director

Soundararajan and Co. Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 82, 88 and 94; Income Tax Act, 1961 - Sections 2(47) and 45

Reported in : [1999]240ITR150(Mad)

of the abovesaid conclusion, reliance placed by learned counsel for the assessee on section 88 of the Indian Trusts Act, 1882, with regard to the advantage gained in a fiduciary character or on Section 94 of the said Act

Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1907)9BOMLR606

that Act of the legislature. Bank of England v. Vagliano Brothers (1891) A.C. 107.43. Turning therefore now to Section 88 of the Indian Trusts Act, 1882, I find that a person who occupies either of the positions held … of Section 96.57. I think as the question of good faith arises under Section 90 of the Indian Trusts Act 1882, Section lllof the Evidence Act clearly applies. And this view is taken by Sir Whitley Stokes in his comments

Vaishnav Shorilal Puri and ors. and Seaworld Shipping and Logistics P. ...

Court : Mumbai

Subject : Company

Acts : Companies Act, 1956 - Sections 397, 398, 399, 402 and 406; Indian Trusts Act, 1882

Reported in : [2004]120CompCas681(Bom); [2004]53SCL469(Bom)

the law on this aspect can be spelt out from the provisions of Section 88 of the Indian Trusts Act, 1882. However, even though the Board, adverted to that contention, it has not amplified the same in the judgment

Manohar Ganesh Tambekar and ors. Vs. Lakhmiram Govindram and ors.

Court : Mumbai

Subject : Trusts and SocietiesProperty

Reported in : (1888)ILR12Bom247

have not consciously accepted a trust, and a remedy may be sought against them for maladministration Comp. Ind. Trusts Act II of 1882, Sections 88, 95 by a suit open to any one interested, as under the Roman … is indeed a peculiarity and a modern peculiarity of the English law Spence Eq. Juris., 440; Sav. Syst., Section 88. In early times a gift placed; as it was expressed, 'on the altar of God' sufficed to convey

Kondam Muthyam Reddy Vs. Jonnala Ganga Reddy and ors.

Court : Andhra Pradesh

Subject : FamilyCivil

Acts : Indian Trusts Act, 1882 - Sections 88 and 90; Code of Civil Procedure (CPC) - Sections 100

Reported in : 1995(1)ALT328

share in items (1), (2) and (3) of the 'B' Schedule property.7. Under Section 88 of the Indian Trusts Act, 1882, where a trustee, executor, partner, agent, director of a company, legal advisor, or other person bound in a

T. Vijendradas and anr. Vs. M. Subramanian and ors.

Court : Supreme Court of India

Subject : PropertyMunicipal Tax

Acts : Tamil Nadu District Municipalities Act, 1920 - Sections 85 and 88; Indian Trusts Act, 1882 - Sections 88; Transfer of Property Act, 1882 - Sections 3, 52, 55(1), 58 and 100; Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 9 - Order 21, Rules 66, 91, 92, 92(4) and 92(5) - Order 34, Rules 1 and 15; Constitution of India - Articles 136 and 142

Reported in : AIR2008SC563; 2008(1)ALLMR(SC)446; 2007(4)AWC4127(SC); (SCSuppl)2008(1)CHN33; 2008(1)MhLj508; 2007(12)SCALE1; (2007)8SCC751; 2007AIRSCW7575

position of the judgment-debtor 'Venugopal' being that of a trustee, as envisaged under Section 88 of the Indian Trusts Act, 1882 it was obligatory on his part to protect the interest of Sakunthala. Statutory Provisions:9. Sections 85 and 88

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

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 … the suit money.The following kinds of 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 of directors/companyLiquidator/companyReceivers, trustees in bankruptcy and