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Charu Kishor Mehta Vs. Jt.Charity Commr. Gr. Bombay Reg. and Ors.

Court : Supreme Court of India

..... as a rule, trustees must execute the duties of their office jointly, this general principle is subject to the following exceptions when one trustee may act for all (1) where the trust deed allows the trusts to be executed by one or more or by a majority of trustees; (2) where there is express sanction or approval of the act by the co-trustees; (3) where the delegation of power is necessary; (4) where the beneficiaries competent to contract consent to the delegation; (5) where the delegation to a co-trustee is in the regular course of the business; (6) where the co- trustee merely gives effect to a decision taken by the trustees jointly. ..... persons whomsoever any power implied by law or conferred by statute or vested in the trustees by these presents but the trustees shall not be held liable or responsible for the acts or defaults of any persons or person but only for their own respective acts and defaults;" the findings of the jcc are based on the pleadings and the material evidence produced on record by the parties and the resolution dated 30.8.2001, wherein the trustees, respondent nos.2 to 9 including the appellant of the trust had delegated their powers and functions ..... the indian trusts act as clear by its preamble and contents is applicable only to private trusts and not to public trusts. .....

Shitla Prasad and ors. Vs. Bans Bahore and ors.

Court : Allahabad

Reported in : AIR1974All197

..... the section as it stood before its amendment in 1922 was as follows:--'(2) nothing in this act shall-- (a) affect the indian contract act, 1872, section 25 ..... the effect of the amendment of the said section by the act of 1922 came up for consideration in chheda lal jain's case (supra) and the following observations made in that connection may be reproduced:'in view of the amendment effected in section 29 of the indian limitation act, 1908, by the act of 1922 the situation stands slightly altered, because as the section originally stood it laid down that the provisions of the act did not affect or alter any rule of limitation prescribed in any special or local act ..... abolition and land reforms act (hereinafter referred to as the act) because section 341 of the act merely extended the limitation act to proceedings under the act but inasmuch the whole of the limitation act was made to apply, the provisions of section 29 (2) of the limitation act also became applicable with the result that section 6 of the limitation act could not apply to proceedings under the act. ..... the preamble says:'whereas it is expedient to provide for the abolition of the zamindari system which involves intermediaries between the tiller of the soil and the state in the uttar pradesh and for the acquisition of their rights, title and interest and to reform the law relating to land tenure consequent on such abolition and acquisition and to make provision for other matters connected therewith,it is hereby enacted as .....

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

..... . (v) while considering the applicability of the maxim, generalia specialibus non derogant in relation to the operation of two statutes passed in the year, section 115 of the indian evidence act (act 1 of 1982) and section 11 of the indian contract act, in khan gul v ..... ., whether the specific provision of the substantive law (s 11 of the contract act) which declares a minor's contract to be void, can be rendered nugatory by a general provision embodying the rule of estoppel found in a procedural code like the evidence act ..... discharging his duties and obligations towards his ward so as to promote the latter's welfare if the court under the divorce act cannot make any order with respect to the custody of the wards and it is not open to the court under the guardians and wards act to appoint or declare guardian of the person of his children under section 19 during his lifetime, if the court does not consider him unfit, then, the only provision to which the father can have resort for his children's custody is section 25. ..... limehouse district board of works reported in (1856) 26 lj 164, said thus, the legislature, in passing a special act, has entirely in its consideration some special power which is to be delegated to the body applying for the act on public grounds; and the preamble of every statute of this kind contains a recital of its being for the public convenience that the particular powers should be granted. .....

m/s.l.r.brothers,indo Flora Ltd. Through Its Director Vs. Comissioner ...

Court : Supreme Court of India

..... in indusind bank (supra), this court, while examining whether the amendment made to section 28 of the indian contract act, 1872 was prospective or retrospective, has noted that the said provision is remedial in nature and not clarificatory, since prior to the amendment, the rights and liabilities accrued were sought to be taken away. ..... or the development commissioner concerned as the case may be, from the whole of the duty of customs leviable thereon under the first schedule to the customs tariff act, 1975 (51 of 1975) and the additional duty, if any, leviable thereon under section 3 of the second mentioned act, subject to the following conditions, namely : development) industrial of (1) the importer has been granted the necessary licence for the import of the said goods; (2) the importer, at the time of import of the said goods, produces to the assistant commissioner of customs a certificate from the development commissioner to the effect that the importer ..... usually, if not invariably, such an act contains a preamble, and also the word declared as well as the word enacted . .....

Milind Vinayak Pandye Vs. State Bank of India and ors.

Court : DRAT Mumbai

Reported in : 3(2006)BC140

..... if the appellant feels that co-defendants are doing something, which is detrimental to his interest as a guarantor, then he may put up that as his defence or for praying his discharge if his case is covered by the relevant provisions of the indian contract act making out circumstances in which the guarantor is discharged. ..... 5/appellant herein, cannot be said to be erroneous for the reasons given below: preamble of the rddbfi act, 1993 states that this act has been enacted to provide for the establishment of tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions. ..... i have gone through the proceedings including the impugned order and in my view, the learned presiding officer was right in rejecting the said application made by the appellant praying for injunction against the co-defendants in the original application filed by the bank against all the defendants for recovery of applicant bank's dues from these defendants.3. ..... the appellant can certainly point out this at the time of final hearing of the original application, but he cannot use this forum to ventilate his grievance against the co-defendants against whom the bank is claiming its dues.in view of the aforesaid discussion, i do not find any infirmity in the impugned order. ..... 51 of 2003 under section 19 of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter to be referred to as the rddbfi act against the defendant nos. .....

M.G. Brothers Lorry Service Vs. Prasad Textiles

Court : Supreme Court of India

Reported in : AIR1984SC15; 1983(1)SCALE481; (1983)3SCC61; [1983]2SCR1027

..... . the trial court and the first appellate court had held that condition 15 of the way bill was not violative of section 28 of the indian contract act, that view of the lower courts has not been challenged before the high court in the second appeal ..... . in that view of the matters, we are of the opinion that condition 15 must be held to be void in view of section 23 of the indian contract act because its object was to defeat the provisions of section 10 of the carriers act ..... . section 23 of the indian contract act provides that the consideration or object of agreement was lawful, unless, inter-alia, it was of such a nature, that, if permitted, would defeatthe provisions of any law ..... . the carriers act, 1865, as the preamble states, was enacted because it was thought expedient not only to enable common carriers to limit their liability for loss of or damage to property delivered to them to be carried but also to declare their liability for loss of or damage to such property occasioned by the negligence or criminal acts of themselves, their servants or agents ..... . but the preamble as we have noted before indicates that the act was passed, not only to limit the liability of the carriers, but also to declare the liability of the carriers .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... in this respect we find that the opening words of the preamble to the british north america act, 1867 read as under: whereas the provisions of canada, nova scotia, and new brunswick have expressed their desire to be federally united into one dominion under the crown of the united kingdom of great britain and ireland, with a constitution similar in principle to that of the united kingdom; section 91 of the above mentioned act deals with the legislative authority of parliament of canada. ..... transferred, it was transferred to the constituent assembly by the indian independence, act, 1947, sections 6 and 8 of which conferred on the constituent assembly the power to enact a constitution, as well as the full powers to make laws which were not to be void or inoperative on the ground that they are repugnant to the laws of england, or to the provisions of the indian independence act or any existing or future act of parliament of the united kingdom, or to any order, rule or regulation made under any such act, and the powers of the legislature of the dominion of india shall include the power to repeal or amend ..... consider for instance, the test for determining citizenship in the united states that the alien shall be a person of "good moral character" the test of a crime involving "moral turpitude", the test by which you determine the familiar concept of the "core of a contract", the "pith and substance" of a legislation or the "essential legislative function" in the doctrine of ..... .....

Chiranjit Lal Chowdhuri Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1951SC41; (1951)53BOMLR499; [1951]21CompCas33(SC); [1950]1SCR869

..... however, that the impugned act was passed on the same grounds as were mentioned in the preamble to the repealed ordinance, namely, mismanagement and neglect prejudicially affecting the production of an essential commodity and causing serious unemployment amongst a section of the community, the petitioner could hardly be expected to assume the burden of showing, not that the company's affairs were properly managed, for that is not his case, but that there were also other companies similarly mismanaged, for that is what, according to the respondents, he ..... ' section 4 states the effect of the order appointing directors to be that (1) the old directors shall be deemed to have vacated their office, (2) the contract with the managing agents shall be deemed to have been terminated, (3) that the properties and effects of the company shall be deemed to be in the custody of the new directors who are to be 'for all purposes' the directors of the company and 'shall alone be entitled to exercise all the powers of the directors of the company whether such powers are derived from the companies act or from the memorandum or articles of association or otherwise .....

Shyamabai Wd/O Surajkaran Joshi and ors. Vs. Madan Mohan Mandir Sansth ...

Court : Mumbai

Reported in : 2010(1)BomCR294

..... the preamble of the indian trusts act clearly shows that the indian trusts act was enacted by the parliament to define and amend the law relating to private trusts and trustees and the provisions of this act have no application so far as public trust ..... principle is subject to the following exceptions when one trustee may act for all (1) where the trust deed allows the trusts to be executed by one or more or by a majority of trustees; (2) where there is express sanction or approval of the act by the co-trustees; (3) where the delegation of power is necessary; (4) where the beneficiaries competent to contract consent to the delegation; (5) where the delegation to a co-trustee is in the regular course of the business, (6) where the co-trustee merely gives effect to a decision taken by the trustees jointly.the above observations of the apex court clearly demonstrate that ..... as a general rule, the trustees must execute .....

Hydro-tech,engineers and Contractors Vs. State of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker817

..... cancellation of arbitration clauses andrevocation of authority of arbitrator :- (1) notwithstanding anything containedin the indian contract act, 1872 (central act 9 of1872) or in the arbitration act, 1940 (central act10 of 1940) or in the arbitration and conciliationact, 1996 (central act 26 of 1996) or in any other law for the time being in force or in anyjudgment, decree or order of any court or otherauthority orinanyagreementor otherinstrument, (i) thearbitration clausesin everyagreement shall stand cancelled ; (ii)theauthority of anarbitratorappointed under an agreement referred to inclause (i) shall stand revoked ; and (iii) any agreement ..... the preamble of the awards act is the following : "preamble: whereasthe kalladairrigation project, the largest irrigation project inthe state of kerala, was started in the year1961 ;and whereas the said project was inreceipt of financial assistance from the worldbank from june, 1982 to march, 1989 ;and whereas aspecialcondition,namely,the local competitive biddingspecification envisaged by the world bankauthorities was included as desired by the worldbank in the agreements relating to worksconnected with the said irrigation project ;and whereas clauses 51 and 52 of thesaidlocalcompetitivebidding specificationprovide for the settlement of matters in disputeor difference .....