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Devlakshmi Harisukh Vahalia and ors. Vs. Vishwakanth P. Bhatt

Court : Mumbai

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 9

Reported in : AIR1972Bom103; (1971)73BOMLR594; 1972MhLJ37

which are not inconsistent with the Act, as the rules of justice, equity and good conscience . Though Section 9 of the Indian Trusts Act, 1882, provides for a beneficiary renouncing his interest under a private trust by … deed executed by Kasturbai was valid in view of the provision contained in Section 58 of the Indian Trusts Act, 1882, which provided that the beneficiary, if competent to contract, could transfer his interest that by executing the said

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)

'the facts and circumstances of the case, the Appellate Tribunal was justified in relying upon the provisions of Section 9 of the Indian Trusts Act, 1882, and holding that Smt. Usha Devi could not transfer her interest in … 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

Manhar Shivji Shethia and Others Vs. Lilavati Madhusudan Shethia and O ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Trust Act, 1882 - Sections 59, 60, 70, 71, 73 and 74; Constitution of India - Articles 75 and 226; English Trust Act, 1925 - Sections 41; Code of Civil Procedure (CPC), 1908 - Sections 9

Reported in : 1999(4)ALLMR433; 2000(1)BomCR817

section 41 of the English Trust Act of 1925 which is akin to section 74 of the Indian Trusts Act, 1882, the learned Chief Justice observed as under:- 'Bearing in mind the caution always required in interpreting an Indian … Civil Court of original jurisdiction by a petition under section 74 or may bring a regular suit under section 9, C.P.C.'.8. A last judgment which has to be referred to and on which much stress has been laid

Bomi Munchershaw Mistry Vs. Kesharwani Co-operative Housing Society Lt ...

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 105; Trusts Act, 1882 - Sections 3 and 63; Code of Civil Procedure (CPC) , 1908 - Order 1, Rules 9, 10 and 13 - Order 31, Rule 1; Specific Relief Act, 1963 - Sections 9, 20, 20(2) and 26; Evidence Act, 1872 - Sections 115; Contract Act, 1872 - Sections 2; Limitation Act, 1963 - Sections 3(2) - Schedule - Article 113

Reported in : 1993(2)BomCR329

that the title to the property Maneckabad vests in the trustees consequent to the provisions of the Indian Trusts Act, 1882(I.T.A.). Section 3 of the I.T.A. which is an interpretation clause defines a 'beneficiary' as the person for … from putting up any structure higher in height than the existing garages which were estimated to be about 9 ft. high. This request was turned down by the BMC by its reply Ex. A-2 dated 6-10-1959, by

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

Raja Sir M.A. Mutthiah Chettiar Vs. Commissioner of Income-tax, Madras

Court : Chennai

Subject : Direct Taxation

Acts : Indian Trusts Act, 1882 - Sections 3; Indian Income-tax Act, 1922 - Sections 6, 9 and 22; Income Tax Act, 1961; Indian Succession Act - Sections 57; Transfer of Property Act - Sections 5, 122 and 123; Registration Act; Indian Stamp Act, 1899 - Sections 99

Reported in : (1984)38CTR(Mad)76; [1984]148ITR532(Mad)

being one made to a living person must, however, comply with the requirement of this section. The Indian Trusts Act, 1882, does not apply to public or private religious or charitable endowments.' 14. It is thus well established that … inclusion of the income from the properties transferred to the trust under an agreement of gift, dated February 9, 1969, in the hands of the applicant is justified in law ?' 2. On March 14, 1957, the

Hasanali Mahomedali Vs. Esmailji Sulemanji

Court : Mumbai

Subject : Trusts and Societies

Reported in : (1907)9BOMLR606

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 … credit of the testator's capital account and was therefore liable for all profits thereby made or interest at 9 p. c. with yearly rests on that amount. The plaintiffs admit that on the remonstrances of defendant 2

Abhaya Vs. Raheem

Court : Kerala

Subject : CivilTrusts and Societies

Acts : Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 - Sections 3, 8, 16, 19, 20, 23, 25, 25(1), 25(2), 26 and 32; ;Code of Civil Procedure (CPC) , 1908 - Sections 9, 92 and 92(1); ;Indian Trusts Act, 1882 - Sections 3; Memorandum of Association Rules; Memorandum of Association Regulations

Reported in : AIR2005Ker233; 2005(3)KLT891

the relief sought must be one of the reliefs mentioned in Section 92'.11. The preamble of the Indian Trusts Act, 1882 states that it was enacted to define and amend the law relating to private trusts and trustees. Section … the properties had already vested separately in trustees, it shall vest in the governing body of the society. Section 9 deals with the suits by or against societies. Section 16 of Act XII of 1955 deals with the

Trustees to the Debuttar Estate of Sri Sri Iswar Radha Govinda Jew Vs. ...

Court : Kolkata

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Section 9; ;Indian Trusts Act, 1882 - Section 6

Reported in : [1972]84ITR150(Cal)

the trustees had accepted the trusts and obligations conferred on them. Now 'trust' has been defined in the Trusts Act, 1882, as ;' An obligation annexed to the ownership of property, and arising out of a confidence reposed in … became the legal owners thereof and the income of such properties was, therefore assessable in their hands under Section 9 of the Indian Income-tax Act. The Appellate Assistant Commissioner directed, however, that the assessment on the trustees should

Foreshore Co-operative Housing Society Limited, a Co-operative Society ...

Court : Mumbai

Subject : PropertyCivil

Acts : Limitation Act, 1963 - Sections 3, 14, 27 and 58; Code of Civil Procedure (CPC) (Amendment) Act, 1999 - Sections 32; Code of Civil Procedure (CPC) (Amendment) Act, 2002 - Sections 16; Code of Civil Procedure (CPC) , 1908 - Sections 9, 9A, 115 - Order 2, Rule 2 - Order 7, Rules 6 and 11 - Order 14, Rule 2; Industrial Disputes Act, 1947; Indian Trusts Act, 1882; Maharashtra Rent Control Act, 1999 - Sections 33; Maharashtra Co-operative Societies Act, 1960 - Sections 164

Reported in : 2008(6)ALLMR600; 2009(1)BomCR757; (2008)110BOMLR3696; 2009(2)MhLj28

These judgments pertain to matters under tribunals, statutory authorities under the Industrial Disputes Act, 1947 and the Indian Trusts Act, 1882.v) In Smithkline Beechan's case, Mr. Doctor submitted that the question raised was as to whether a bar … term 'jurisdiction' as used in Section 9A of the Code of Civil Procedure,1908 must be construed harmoniously with Section 9, CPC. This was upheld in Smithkline Beechan Consumer Health Care v. Hindustan Lever Ltd and Ors. : (2003)105BOMLR547