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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 … even though unconsciously obtained in the transaction, where his interest and duty were in conflict. Turning then to Section 95 of the same Act we find that an executor can only employ his testator's capital in trade on

Official Trustee, State of Maharashtra Vs. Maharashtra Housing and Are ...

Court : Mumbai

Subject : Land Acquisition

of the High Court to initiate legal proceedings. 45. Nor do we find any provision under the Indian Trusts Act, 1882, requiring him to do so. Section 13 of the Indian Trusts Act, 1882, provides that a trustee is … an order setting aside a notice dated 28th April, 2009, issued by respondent Nos.1 and 2 under section 95-A of the Maharashtra Housing and Area Development Act, 1976 (MHADA Act) issued in the name of the Poojari

Bira Naik and anr. Vs. Mahanta Sidhakamal Nayan Ramanuj Das

Court : Orissa

Subject : Tenancy

Acts : Tenancy Law; Orissa Tenancy Act, 1913 - Sections 225; Transfer of Property Act, 1882 - Sections 76; Trusts Act, 1881 - Sections 90 and 95

Reported in : AIR1951Ori300

by the Lordships in that case to acquisition by a mtgea. has now been embodied by Schedule 0, Trusts Act, 1882, in a wider rule dealing with acquisition by tenants for life, co-owner, mtgees & other qualified owners. It … words, whether he had the liabilities of a quasi trustee within the meaning of Schedule 0 read with Section 95, Trust Act. Lastly the question further arises whether his purchase will enure to the benefit of the mtgor.

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 … Mayor of Saltash L.R. 7 Ap. Cas. 633 648. If its purposes are such as are contemplated by Section 26 of the Indian Joint Stock Companies' Act, VI of 1882, the society may get itself constituted accordingly

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 … that that section can apply.17. It was contended for the defendants that by virtue of proviso (b) to Section 95 of the Indian Trusts Act the purchase by Narbheshankar would be valid, but that provision is clearly inapplicable

M/S. G.V. Films Limited, 4, Seshadri Road, Alwarpet, Chennai-600 018 V ...

Court : Chennai

Subject : Commercial

Acts : Recovery of Debts due to Banks & Financial Institutions Act, 1993 -- Sections 2, 4(1), 31(1) & (2); Indian Contract Act, 1872 -- Sections 72; Trust Act, 1882 -- Sections 90, 94 and 95; Companies Act, 1956 -- Sections 4-A; Unit Trust of India Act, 1963 -- Sections 3

Reported in : [2000]100CompCas257(Mad); 1998(2)CTC518

Institutions Act, 1993, Section 72 of Indian Contract Act, 1872 and Sections 90, 94 and 95 of Trust Act, 1882 - appellant has been mistakenly credited with dividend due to someone else - suit for recovery of impugned … which followed it through the bank and into the hands of the trustees'. (Italics supplied)Section 90 of the Trusts Act states that if there is a person in a fiduciary relation to another, he cannot take advantage of

Christine Pais Vs. K. Ugappa Shetty and anr.

Court : Karnataka

Subject : Property

Acts : Transfer of Property Act - Sections 54, 55 and 55(4); Indian Trusts Act, 1882 - Sections 91 and 95; Specific Relief Act - Sections 19

Reported in : AIR1966Kant299; AIR1966Mys299; (1965)2MysLJ692

for the applicability of equitable principles or of the provisions of Ss. 91 and 95 of the Indian Trusts Act, 1882, to the case. He submitted that Section 19 of the Specific Relief Act is itself a bar to

Vithal Das Vs. Rupchand and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Trusts Act, 1882 - Sections 23, 90 and 95; Interest Act, 1839 - Sections 1

Reported in : AIR1967SC188; 1966MhLJ1129(SC); [1966]SuppSCR164

indicated in this judgment. 15. Appeals allowed in part. Trusts and Societies - interest - Section 90 of Trusts Act, 1882 - suit filed by respondents regarding ownership of properties decided in their favour - appellant directed to restore … incurred, and to an indemnity by the same persons against liabilities properly contracted, in gaining such advantage.' 7. Section 95 provides as follows : 'The person holding property in accordance with any of the preceding sections of this

Dinkarrao Ganpatrao Kothare Vs. Narayan V. Mandlik

Court : Mumbai

Subject : PropertyCivil

Reported in : (1922)24BOMLR449

to the contract, except a bona fide purchaser for value without notice, By Section 91 of the Indian Trusts Act of 1882, a transferee taking with notice of a prior contract in favour or another held the right … favour of another must hold the right claimed under his transfer as a trustee for the previous promisee. Section 95 of the Indian Trusts Act provides that a person holding property in accordance with that section must so

Sethurayar Vs. Shanmugam Pillai and anr.

Court : Chennai

Subject : Civil

Reported in : (1898)ILR21Mad353

same, for he would be in the position of a trustee Sections 91 and 95 of the Indian Trusts Act, 1882.3. The only remaining question is as to the relief to be given. The injunction prayed for cannot … I of 1877, Section 56, Clause (b)--Trusts Act--Act II of 1882, Sections 91, 95--Civil Procedure Code--Act XIV of 1882, Section 232--Decree obtained on a benami mortgage by benamidar--Suit by real mortgagee--Declaration--Injunction. - - that Court thinks fit, the