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Commissioner of Income Tax, Gujarat Vs. Udayan Chinubhai and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act; Trusts Act, 1882 - Sections 94; Indian Succession Act, 1925 - Sections 325; Hindu Law

Reported in : 1996VIAD(SC)634; (1996)135CTR(SC)430; [1996]222ITR456(SC); JT1996(7)SC309; 1996(6)SCALE48; (1996)5SCC633; [1996]Supp4SCR789

extent necessary to satisfy the just demands of the creditors in terms of Section 94 of the Indian Trusts Act, 1882.13. The High Court was also of the view that certain properties which formed part of a Baronetcy Trust,

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

E.D. Sassoon and Co. Ltd. Vs. K.A. Patch

Court : Mumbai

Subject : Company

Reported in : (1943)45BOMLR46

to the plaintiffs.6. This severance of interest leads to the result enacted in Section 94 of the Indian Trusts Act, 1882, which is as follows :-In any case not coming within the scope of the preceding sections, where there

Vinayak Shripatrao Patwardhan Vs. State of Bombay

Court : Mumbai

Subject : Constitution

Acts : States Merger (Governor's Provinces) Order, 1949; Constitution of India - Article 300 and 300(2); Code of Civil Procedure (CPC), 1908 - Sections 80 - Order 22, Rule 10; Indian Limitation Act, 1908 - Schedule - Articles 62, 69, 89 and 120; Bombay Revenue Jurisdiction Act, 1876 - Sections 4 and 4(1); Indian Pensions Act, 1871 - Sections 4; Indian Trusts Act, 1882 - Sections 94; Indian Independence Act - Sections 7(1); ;Extra Provincial Jurisdiction Act, 1947 - Sections 3, 3(1), 3(2), 4, 4(1) and 4(2); Government of India Act, 1935; Municipal Law; Administration of Deccan States Order, 1948; Administration of the Indian States Order, 1948; ;States Reorganization Act

Reported in : AIR1961Bom11; (1960)62BOMLR735; ILR1961Bom101

directions of the Political Agent, the Miraj State was liable as trustees under Section 94 of the Indian Trusts Act, 1882. This then is the broad outline of the case set up on behalf of the plaintiff. 5. In

Vallabhdas Mulji Vs. Pranshankar Narbheshankar

Court : Mumbai

Subject : Property

Reported in : (1928)30BOMLR1519

right in contending that the case is one which does not fall under Section 90 of the Indian Trusts Act, 1882. The ordinary case of a mortgage, to which that section is applicable, is the one stated in illustration … in the same position as any stranger present at the auction. On the other hand, I think that Section 94 of the Indian Trusts Act would be applicable, because on the view taken above the sale was inoperative

State of U.P. Government Vs. Sham Sundar Ram Charan

Court : Allahabad

Subject : Civil

Acts : Transfer of Property Act, 1882 - Sections 122; Trusts Act, 1882 - Sections 94; Code of Civil Procedure (CPC) , 1908 - Sections 35 and 100 - Order 7, Rule 11

Reported in : AIR1961All418

the parties. Property - gift - Section 122 of Transfer of Property Act, 1882 and Section 94 of Trusts Act, 1882 - donation for construction of female hospital - scheme not implemented - suit by donor for recovery of

Chowgule Matrix Hobs Ltd., Patancheru Vs. Chowgule and Co. (Hind) Pvt. ...

Court : Andhra Pradesh

Subject : Company

Acts : Companies Act, 1956 - Sections 82, 108, 113 and 206-A; Constitution of India - Article 54; Securities Contracts (Regulation) Act, 1956 - Sections 27; Trusts Acts, 1882 - Sections 94

Reported in : 2000(5)ALD332; 2000(5)ALT776; [2003]115CompCas222(AP)

holds the shares for she benefit of the transferee to the extent necessary to satisfy the demands of Section 94, Trusts Acts, 1882. As the transferee holds the whole beneficial interest and transferor has none, the transferor must … sharesexcept to the extent of being deemed holder. However, inspite of such sale, the defendant No.1 was doing acts which are detrimental to the interests of the company and filed earlier a false suit in OS No.59

Gopal L. Raheja of Mumbai, Indian Inhabitant and Vs. Vijay B. Raheja o ...

Court : Mumbai

Subject : Company

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 4, 4(1), 4(3) and 7; Trusts Act, 1882 - Sections 82, 88 and 94; Specific Relief Act; Transfer of Property Act; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 2

Reported in : 2007(4)BomCR288

upon which reliance has been placed cannot be incorporated in India in view of the express repeal of Section 94 of the Indian Trusts Act, 1882 by the provisions of the Benami Transactions (Prohibition) Act, 1988; (v) The … that the property is held in trust. The law having been codified in the form of the Indian Trusts Act, 1882, Section 88 would be attracted only if a fiduciary duty is owed. In the present case parties entered into

State of Bombay Vs. Devakinandan Kanhyalal Agarwal

Court : Mumbai

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 403, 405, 406 and 477A; ;Indian Trusts Act, 1882 - Sections 80, 88, 94 and 96

Reported in : AIR1959Bom486; (1958)60BOMLR1413; 1959CriLJ1302; ILR1959Bom670

1860), Sections 405, 406, 477A, 403 - Indian Trusts Act (II of 1882), Sections 94, 80, 88--Partner whether can be held guilty of criminal breach … of a constructive trustee. Sections 80 to 96 of the Indian Trusts Act deal with constructive trusts, and Section 94 provides as follows: 'In any case not coming within the scope of any of the preceding sections, where … over it. The view that he cannot be so entrusted runs counter to certain provision of the Indian Trusts Act, which provide or assume that a partner in possession of partnership property is in the position of a

R. Rajagopal Reddy (Dead) by L.Rs. and Others Vs. Padmini Chandrasekha ...

Court : Supreme Court of India

Subject : Commercial

Acts : Benami Transactions (Prohibition) Act, 1988 - Sections 3(1 and 3) and 4(1 and2); Indian Trust Act, 1882 - Sections 7(1), 81, 82 and 94; Code of Civil Procedure (CPC) - Sections 36, 66 and 317; Transfer of Property Act, 1882; Indian Penal Code; Income Tax Act, 1961 - Sections 281A; Code of Criminal Procedure (CrPC) , 1973; General Clauses Act, 1897 - Sections 6

Reported in : AIR1996SC238; 1996(1)BLJR116; (1995)124CTR(SC)311; 1996(6)KarLJ531; 1995(0)MPLJ402; [1995]1SCR715

may also usefully refer to Section 7(1) of the Act which lays down that Sections 81 82 and 94 of the Indian Trusts Act, 1882 (2 of 1882), Section 66 of the Code of Civil Procedure, 1908 … this Act, benami transactions were a recognised specie of legal transactions pertaining to immovable properties. Under the Indian Trusts Act, 1882 almost 113 years back the then legislature enacting the law laid down in Section 82 as under :-Transfer