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M.A. Abdul Malick Saheb Vs. T.P. Muhammad Yousuf Sahib and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Indian Contract Act, 1872 - Sections 16 and 19A; Trusts Act, 1882 - Sections 89

Reported in : AIR1961Mad190; (1960)2MLJ355

costs. Property - undue influence - Sections 16 and 19A of Contract Act, 1872 and Section 89 of Trusts Act, 1882 - mere existence of fiduciary relation raises presumption of undue influence - Court will hold transaction to be

Jamunabai Motilal Etc. Vs. State of Maharashtra and anr.

Court : Mumbai

Subject : Constitution

Acts : Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sections 4, 8, 12 to 21, 21(1), 21(4), 25, 25(1), 27, 27(2), 30, 33, 33(1), 40, 45, 45(1), 45(2), 45-A and 45-A(1); Maharashtra Agricultural Lands (Ceiling on Holdings) (Amendment) Act, 1965 - Sections 4 and 45-A(1); Constitution of India - Article 226; Judicature Act, 1873 - Sections 89 and 90; Charitable Trusts Act, 1853 - Sections 41; Municipal Corporation Act, 1882; ;Public Authorities Protection Act, 1894

Reported in : AIR1978Bom200; 1978MhLJ93

an action by charity trustees to recover rent-charge would be a proceeding within Section 41 of the Charitable Trusts Act, 1853, having a phrase 'suit or other proceeding', (see also Humphrise v. Worwood (1894) 64 LJ QB 437 … Humphrise v. Worwood (1894) 64 LJ QB 437 negativing the contention that an action under the Municipal Corporation Act, 1882, having reference to Section 41 would be a proceeding within the meaning of the Public Authorities Protection Act, … QBD 504 a distinction is noted while considering the provisions of Sections 89 and 90 of the Judicature Act, 1873, that the word 'proceeding' can

Bireswar Sen and anr. Vs. Ashalata Ghose and anr.

Court : Kolkata

Subject : PropertyCivil

Acts : Transfer of Property Act, 1882 - Section 122; ;Trusts Act - Section 88

Reported in : AIR1969Cal111

which can stand between the respondents and the impugned gift.80. By parity of reasoning, Section 89 of the Trusts Act 1882 cannot be reckoned against them. To Manmatha and Ashalata, the gifted house has undoubtedly been a windfall. But

Operation Asha versus Shelly Batra & Ors.

Court : Supreme Court of India

Subject : Education

Reported in : [2025]8S.C.R.411

Advanced Law Lexicon - referred to. List of Acts Code of Civil Procedure, 1908; Societies Registration Act, 1860; Trusts Act, 1882; Prohibition of Benami Property Transactions Act, 1988. 416 [2025] 8 S.C.R. Supreme Court Reports List of Keywords Section … for Hindu Religious Endowments, Madras [AIR 1938 Mad 810] and Missir v. Das [ (1949) ILR 28 Pat 890] .) In such cases there is no intention on the part of the grantor to fetter the grantee

Delhi Land and Finance Universal Ltd. and ors. Vs. Arjun Singh and ors ...

Court : Delhi

Subject : Property

Acts : Delhi Municipal Corporation Act, 1957 - Sections 312, 313 and 313(1); Trusts Act, 1882

Reported in : AIR1986Delhi381; 1986(10)DRJ200

a described by Snell. E-Misuse of fiduciary relationship, which is similar to a principle set out in the Trusts Act, 1882, which will be discussed later. F-A stranger intermeddling with the trust and other constructive trustees. In this latter … Section 86-- Transfer pursuant to rescindable contract. Section 87-Debtor becoming creditor's representative-'Section 89. Advantage gained by undue influence, Section 90-Advantage gained by qualified owner , … to the learned Judge, reference to the Delhi Municipal Corporation Act, 1957, is necessary. Reference was made to Sections 312 and 313 of the Act, which shows that a lay-out plan has to be sanctioned by the

Mahadeo Ramchandra Vs. Damodar Vishwanath and anr.

Court : Mumbai

Subject : Family

Acts : Trusts Act, 1882 - Sections 3; Succession Act, 1925 - Sections 89

Reported in : AIR1957Bom218; (1957)59BOMLR478; ILR1958Bom21

204. Before dealing with these cases, it is necessary to emphasise that there is a fundamental distinction between trusts and powers. A trust is an obligation annexed to ownership. A trustee holds property subject to an obligation … paragraph 27 of his judgment that 'the bequests of residue under the will and codicil' were void under Section 89 of the Indian Succession Act and accordingly he passed a decree directing that the plaintiffs do recover possession

Ovula Kondama Naicken Aiyen Avergal and anr. Vs. Aparanji Amma and ors ...

Court : Chennai

Subject : Civil

Reported in : 52Ind.Cas.1003

Compromise - Good faith, want of--Advantage secured by one party--Trust--Transferee in good faith, position of--Trusts Act (II of 1882), Sections 89, 96. - - 1. We are not satisfied that the learned Subordinate Judge has sufficiently considered … by one party--Trust--Transferee in good faith, position of--Trusts Act (II of 1882), Sections 89, 96. - - 1. We are not satisfied that the learned … under Exhibit BB, Mailchamy undertook to pay it on Mailchamy's behalf (vide Exhibit XV). Defendants' contend that these acts indicate that Mailchamy and Mandalathipathi had joint interest in all the properties situate in both the villages. But

Lingo Bhimrao Naik Vs. Dattatrya Shripad Jamadagni

Court : Mumbai

Subject : Contract

Reported in : AIR1938Bom97; (1937)39BOMLR1233; 173Ind.Cas.817

third parties, effect of-Disability of third parties-Delay when bar to relief-Limitation-Indian Limitation Act (IX of 1908), Article 91-Indian Trusts Act (II of 1882), Section 89.;A transaction is voidable as against a third party if it is the result

Bhupendra Singh Vs. Board of Revenue U P

Court : Allahabad

Subject : Land Acquisition

in Shree Vijayalakshmi Charitable Trust, on a comparative analysis of all the provisions of the Transfer of Property Act, 1882, the Indian Stamp Act, 1899 and the Registration Act, 1908, and the issues of repugnancy and overriding effect … of Rs.54,883/- to Rs.5/- only. Hence this petition. Submission of learned counsel for the petitioner is that under Section 89 (2) of the Registration Act (for short "the Act") the sale certificate cannot be subjected to stamp duty … Singh vs. State of U.P., 1980 All. C.J. 518 and Vijayalakshmi Charitable Trust, Registered Trust, represented by its Trustee vs. Sub- Registrar, Mettupalayam Taluk, Erode,

Raja Rajeswara Dorai Alias Muthuramalinga Dorai Late a Minor Through H ...

Court : Chennai

Subject : Limitation

Reported in : (1915)ILR38Mad321

barred--Indian Trusts Act (II of 1882), Sections 86, 89, 90, 91 and 96--Transfer of Property Act (IV of 1882), Section 126--Indian Contract Act (IX of 1872), Sections 64 and 66--Custom of inalienability in a zamindari, onus of proof … down such a rule, that rule cannot be applied to a transfer made after the enactment of the Trusts Act and the Transfer of Property Act.8. I do not feel justified in deciding that is unnecessary which the