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B. Ramachandra Adityan Vs. Educational Trustee Co. (P.) Ltd.

Court : Chennai

Subject : Company

Acts : Companies Act, 1956 - Sections 11, 11(1), 11(2), 12, 25, 33, 433 and 434(1); Indian Trusts Act, 1882 - Sections 32; Code of Civil Procedure (CPC) - Sections 92

Reported in : [2003]113CompCas334(Mad); [2003]41SCL385(Mad)

carrying on its object by acting as a trustee for the trust.31. Further, Section 32 of the Indian Trusts Act, 1882 also provides that the trustee is entitled to get reimbursement out of the trust property all expenses properly … to interfere in the trust for which he has already proposed a suit by filing a petition under Section 92 of the Code of Civil Procedure. It is stated that the petition was not filed with bona fide

Vidyodaya Trust and ors. Vs. Mr. Mohan Prasad R and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Indian Trust Act, 1882 - Sections 34; ;Code of Civil Procedure (CPC) , 1908 - Sections 92, 115 and 115(1)

Reported in : 2006(4)AWC3596(SC); 2006(6)BomCR858; 2006(4)KLT1(SC); 2006(8)SCALE528; (2006)7SCC452

no order as to costs. Civil - Section 115 - proviso - Trusts and Societies - civil revision - Indian Trust Act, 1882 - Section … filed OP No. 238 of 2000 before the District Court, Ernakulam under Section 34 of the Indian Trust Act, 1882 (in short the 'Trust Act') in respect of Vidyodaya Trust and applied to the Court for direction for … respondents filed an application (IA 349 of 2000) seeking leave of the Court to institute the suit under Section 92 of the Code of Civil Procedure, 1908 (in short the 'CPC'). According to the appellants, without notice to

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 … Anil Kumar, J.IA No. 9232/2007 in CS(OS) No. 1478/20071. This is an application by the plaintiffs under Section 92 of the Code of the Civil Procedure seeking leave to institute the present suit under Section 92 of

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

Subject : Education

trustee, the “owner” must, their Lordships think, be the trustee. This is the view embodied in the Indian Trusts Act, 1882: see Ss. 3, 55, 56, etc., .. they think that the question is of no importance in the … of the trial Court on issue Nos.12, 21, 23 and additional issue No.6. 2. The suit file under Section 92 of CPC is for settling a scheme for the proper and due administration and management of the properties

Vidyodaya Trust Vs. Mohan Prasad R. and ors.

Court : Supreme Court of India

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 92, 92(1), 104(1) and 115 - Order 1, Rule 8 - Order 11, Rule 21 - Order 23, Rule 1; Indian Trust Act, 1882 - Sections 34; Code of Civil Procedure (CPC) (Amendment) Act, 1976 - Sections 92(3); Constitution of India - Article 227

Reported in : AIR2008SC1633; 2008(2)AWC1591(SC); (SCSuppl)2008(3)CHN154; 2(2008)CLT44(SC); 2008(3)CTC868; JT2008(3)SC119; 2008(2)KLT68(SC); 2008(4)MhLj18; (2008)3MLJ967(SC); 2008(3)SCALE; 2008AIRSCW1817; 2008(3)CivilLJ706; 2008(2)Supreme265

taken by the majority. The Court does not deal with administration of trusts. Only if the pre-conditions are satisfied then only leave can be granted … filed OP No. 238 of 2000 before the District Judge, Ernakulam under Section 34 of the Indian Trust Act, 1882 (in short the 'Trust Act') in respect of Vidyodaya Trust and administration of the said trust and the … learned Single Judge of the Kerala High Court holding that leave had been rightly granted in terms of Section 92 of the Code of Civil Procedure, 1908 (in short the 'CPC'). 2. Defendants 1 to 3, 6, 8

C.R. Shivananda and Another Vs. H.C. Gurusiddappa and Others

Court : Karnataka

Subject : Land Acquisition

while in the case of a private trust, the beneficiaries are an ascertained body of persons. The Indian Trusts Act as clear by its Preamble and contents is applicable only to private trusts and not to public trusts. … a great extent by the notions and principles of English Law. WHAT IS A TRUST 26. Indian Trust Act, 1882 defines the word ‘trust’. It means the trust is an obligation annexed to the ownership of property and … No.2 is known as ‘Hosmutt’ and item No.3 is ‘Karisiddeswar Mutt’. 4. The plaintiffs preferred the suit under Section 92 of Code of Civil Procedure. (for short, hereunder referred to as CPC). Their case is that they are

K. Panchapagesa Ayyar and anr. Vs. K. Kalyanasundaram Ayyar and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Registration Act, 1908 - Sections 17 and 49; Code of Civil Procedure (CPC) , 1908; Transfer of Property Act, 1882 - Sections 5; Hindu Law; Arbitration Act, 1940 - Sections 5; Trusts Act, 1882 - Sections 92

Reported in : AIR1957Mad472

Indian Trusts Act, 2nd Edn. (1954),pp. 626 and 626; E. B. Powell, Govt. Pleader, HighCourt, Madras, The Indian Trusts Act, 1882 (1908)pp. 338-340). 39. Bearing these principles in mind, we shall examine the acquisition made by the first defendant … 1908, Section 5 of Transfer of Property Act, 1882, Hindu Law, Section 5 of Arbitration Act, 1940 and Section 92 of Trust Act, 1882 - appellant challenged validity of Order which held that properties purchased and alienated by

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

Shanmughan Vs. Vishnu Bharatheeyan

Court : Kerala

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 49; Charitable Endowment Act, 1890; Charitable and Religious Trust Act, 1920; Religious Endowment Act, 1863; Travancore Cochin Literary, Scientific and Charitable Societies Registration Act; Transfer of Property Act - Sections 14, 16, 17 and 18; Hindu Law; Code of Civil Procedure (CPC) - Sections 92

Reported in : AIR2004Ker143; 2003(3)KLT901

and cross objection are disposed of accordingly. Trusts and Societies - nature of trust - Section 49 of Trusts Act, 1882 and Section 92 of Code of Civil Procedure, 1908 - suit instituted by respondents to modify exclusive rights

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