Mumbai Court September 1951 Judgments
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Trustees of Gordhandas Govindram Family Charity Trust, Navalgadh Vs. t ...
Court: Mumbai
Decided on: Sep-04-1951
Reported in: AIR1952Bom346; (1952)54BOMLR178
FACTS The following questions of law were referred to the High Court: 'Whether on a true construction of the indenture of trust, dated June 11, 1941, the income from Gordhandas Govindram Family Charity Trust is held under trust wholly for charitable purposes and is exempt under Section (3) (i) of the Act? Whether on a true construction of the trust deed any part of the property was held in trust for charitable purposes and income arising therefrom is exempt under Section 4(3)(i) of the Act?' Chagla, C.J.1. This reference raises the question whether a certain indenture of trust settles property wholly for charitable purposes and whether income derived by the trustees is exempt from payment of tax under Section 4(3)(i) of the Act. The trust we are concerned with was executed on June 11, 1941, and significantly enough it is described as 'Gordhandas Govindram Family Charity Trust'. Clause 2 of the trust deed provides for the application of the balance of the income (after payment of all n...
Govind Balkrishna and ors. Vs. Ramchandra Rajaram and anr.
Court: Mumbai
Decided on: Sep-04-1951
Reported in: AIR1952Bom395; (1952)54BOMLR263; ILR1952Bom621
Bhagwati, J.(1) This is a Letters Patent appeal from a judgment of Mr. Justice Rajadhyaksha in second appeal confirming the decree passed by the Court of Sarnyayadhish of Aundn with certain variations, which decree had reversed the judgment of the learned trial Judge dismissing the plaintiff's suit.(2) The facts which gave rise to this litigation may be shortly stated as follows. One Gopal, who was the owner of the suit house, died in 1908 leaving him surviving his widow Rakhamabai and a widow of pre-deceased son Laxmibai. Rakhama-bai died in 1918, but before her death she alienated the suit house in favour of defendants Nos. 1 and 2 by a sale deed dated January 27, 1910. On the death of Rakhamabai, Laxmibai succeeded as the next reversionary heir of Gopal. She in her turn died in the year 1930, and on her death, the reversion opened and defendant No. 7 as the reversionary heir succeeded to the estate of Gopal. On July 16, 1934, defendants Nos. 1 and 2 sold the suit property to defenda...
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