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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

V.L. Ramanathan Vs. Salem Nagarathar Sangam Rep. by Its President M.S. ...

Court : Chennai

Subject : Trusts and Societies

Acts : Tamil Nadu Society Registration Act, 1975; Trust Act, 1882; Societies Registration Act, 1860; Code of Civil Procedure (CPC) - Sections 2(2), 92, 96 and 115 - Order 7, Rule 11 - Order 14, Rule 2; Constitution of India - Article 227

Reported in : 2008(5)CTC792; (2009)1MLJ1174

miscellaneous petition is closed. However, there is no order as to costs. Trusts and Societies - Appointment of Commissioner - Respondent no.1 is society registered … It has been admitted that the first respondent has not been registered as a Trust under Indian Trust Act, 1882. In the accompanying affidavit filed in I.A. No. 436 of 2007 by the second respondent herein, the respondent … Constitution of India would not be maintainable where an appeal lies. An appeal lay from the decree under Section 96 of the Code. When an appeal could be filed, ordinarily, a revision petition, under Article 227 of the

Chandrashekhar Shankarrao Kulkarni Vs. the Rahul Shikshan Prasarak Man ...

Court : Mumbai

Subject : Property

Acts : Bombay Public Trusts Act, 1950; Transfer of Property Act, 1882 - Sections 122 and 123; Indian Registration Act, 1908 - Sections 17; Evidence Act, 1872 - Sections 68; Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Sections 189; Code of Civil Procedure (CPC) - Sections 96, 100(5), 105 and 105(1) - Order 41, Rule 31

Reported in : 2007(3)BomCR181

Sillekhana area of Aurangabad city is owned by defendant-trust. Defendant-trust is registered in accordance with the Bombay Public Trusts Act, 1950. One Sonaji had executed a gift of this plot No. 5/7/33 in favour of defendant-trust on 29.8.1973. … the gift deed, in favour of plaintiff-trust. 12. A reference to Section 122 of the Transfer of Property Act, 1882 ('TP Act'), at this stage, is relevant. Said provision reads as under:122.'Gift' defined. -- 'Gift' is the transfer … raise such a ground in the appeal filed before the first appellate court. The first appellate court under Section 96 of the Code is empowered to decide the questions of fact as well as question of law. It

Arun Keshavrao Mone (Mane) and ors. Vs. Ramesh Balvant Baxi and anr.

Court : Mumbai

Subject : Trusts and Societies

Acts : Bombay Public Trust Act, 1950 - Sections 19, 40, 41, 41C, 43(2), 50A, 70, 70A, 72(1), 72(2), 72(4) and 76; Arbitration and Conciliation Act, 1996 - Sections 37, 37(2) and 37(3); Trade Marks Act - Sections 76; Bombay Public Trusts Act, 1950 - Sections 50A; Code of Civil Procedure (CPC) , 1908 - Sections 22, 96, 100 and 115 - Order 41, Rule 23 and 23A - Order 43, Rule l; Presidency Small Cause Courts Act, 1882 - Sections 6 and 9; Bombay Public Trust Rules, 1951 - Rule 7

Reported in : 2006(2)ALLMR136; 2006(2)MhLj203

Arab Hon'ble Apex Court has stated that in proceedings for settling scheme under section 50A of Bombay Public Trusts Act (29 of 1950), Civil Procedure Code does not apply. The plea that Rule 7 read with section 6 … Code does not apply. The plea that Rule 7 read with section 6 of Presidency Small Cause Courts Act, 1882 makes Civil Procedure Code applicable is misconceived. Neither Rule 7 nor Section 6 of 1882 Act gives what … of section 72(4) as the appeal from decree of District Court lies to it. It is registered under section 96, Civil Procedure Code as first appeal and treated/heard as second appeal. Section 76 does not permit enlarging of

Katta Ramasami Gupta Vs. Kamalammal

Court : Chennai

Subject : Contract

Reported in : (1922)ILR65Mad173

for bailor--Indian Trusts Act (II of 1882), Chapter IX--Bona fide purchaser for consideration from bailee--Trusts Act (II of 1882), Section 96, and Contract Act (IX of 1872), Section 108, 178, whether purchaser protected by. - - This story was,

Rasiklal Patel and ors. Vs. Kailasgauri Ramanlal Mehta and ors.

Court : Gujarat

Subject : Constitution

Reported in : (1971)12GLR355

in the Postal Savings Bank,(d) in any of the securities specified in the Section 20 of the Indian Trusts Act, 1882, (e)in shares, or security bonds, or debentures, issued by any other society with limited liability, or(f) in any … to the Registrar of Co-operative Societies hereinafter referred to as 'the Registrar') referring the dispute for adjudication under Section 96 of the Gujarat Co-operative Societies Act, 1961. The petitioners and the second respondent Society were joined as respondents

Sri Raoji S/o Devaji Patel Vs. Smt. K.m. Savithridevi Since Dead By He ...

Court : Karnataka Dharwad

Subject : Land Acquisition

court of law and it recognizes the doctrine of lis pendens Section 52 of the transfer of property act, 1882 and held that if unfair, inequitable or underserved protection is afforded to a transferee pendente lite, a decree … case of M.S. Khalid and others Vs. K.R. Rangaswamy and others9 wherein discussion was made wth regard to Section 96 of CPC, Order 21 Rules 97, 98 and 103 of Karnataka Civil Rules of Practice, 1967 and Rule … 106, relied upon the judgment in Silverline Forum Pvt. Ltd. v. Rajiv Trust & another reported in 1998 SAR (Civ) 288 wherein it is held

Kamarbai and ors. Vs. Badrinarayan and anr.

Court : Mumbai

Subject : Property

Acts : Transfer of Property Act, 1882 - Sections 6; Indian Contract Act, 1872 - Sections 2 and 23; Specific Relief Act, 1963 - Sections 27, 27(2), 28, 31 and 34; Trusts Act, 1882 - Sections 84; Criminal Law

Reported in : AIR1977Bom228; (1976)78BOMLR579; 1977MhLJ115

declaration. The Court must also bear in mind the principle laid down in Section 84 of the Indian Trusts Act, 1882, which runs as follows:--'84. Where the owner of property transfers it to another for an illegal purpose and … are sought again, in terms, lays down that the Court has a discretion in making the declaration. ' 96. Apart from these statutory provisions, for more than two hundred years in this country the English equitable principles

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

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 … (Prayer: This RFA filed under Section 96 and Order 41 Rule I of CPC against the judgment and decree dated 28-5-2001 passed in OS No.1/1991