Court : Mumbai
Reported in : [1983]139ITR316(Bom); [1981]6TAXMAN202(Bom)
..... for spending amounts to be spent on charitable objects like feeding the poor, maintenance of a garden, a menagerie of non-carnivorous animals and birds and an art gallery and for payment of certain fixed allowances to acting shebaits as well as to the widows of deceased shebaits, maintenance of horse drawn carriages and motor cars for the use of the shebaits, medical aid to the shebaits and their families, expenses on account ..... created is called the 'beneficiary''. substituting the words 'some object permitted by law' for the words 'another, or of another and the owner' occurring in the definition of 'trust' given in section 3 of the indian trusts act would make a satisfactory definition of a public charitable or religious trust ..... the statute of uses, 1535), and they (that is, an use and a trust have the same parents, fraud and fear, and the same nurse, a court of conscience', so far as private trusts are concerned, that is, trusts which are not for charitable or religious purposes, we have ..... behalf of the department, as can be seen from the statement of case reproduced in the report of that case as given in [1947] 16 itr 112, was that revocable trusts were not valid trusts and, therefore, could not be covered by the said s. ..... . thus what this decision of the judicial committee of the privy council lays down is that where there is a dedication of property to the service and worship of a particular idol and the temple is a public temple, the dedication cannot be revoked, it does ..... privy council .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(2)ALD631
..... situated outside the municipal limits and within the peripheral limits of agglomeration and recorded in the land revenue records 'as agriculture' and presently being used for agricultural purpose is not urban land as defined under section 2(o) of the act 33 of 1976 as long as the land continues to be used for agricultural and not put for any other purpose.this certificate is valid provided the petitioners sell the above mentioned lands to smt.uma rastogi ..... according to the learned counsel, a 'representative of interest' is entitled to obtain specific performance of contract of sale under section 15(b) of the specific relief act read with section 40 of the indian contract act, including assignee of the right under an agreement. ..... the required percentage of cultivation could not be shown for one good reason for the other such as on account of long standing litigation, the condition of 50% cultivation may be relaxed after the special officer is satisfied on personal inspection, the need for such relaxation.as stated above there is a open well in the land. ..... he placed reliance on the decisions of the privy council, decisions of supreme court as well as high courts. ..... sarla devi, ilr (1946) all 756 = (air 1947 pc 8) (z9), wherein it was held that where a contract is intended to secure a benefit to a third party as a beneficiary under a family arrangement he may sue in his own right to enforce it.47. in m.c. .....
Tag this Judgment!Court : Delhi
Reported in : 62(1996)DLT313
..... act, a permanent statute, was put on the statute book which by section 43 repealed the act of 1947 and by section 2 excluded from the scope of the protection of the act ..... or regulation for the time being applicable thereto, in respect to materials tq be used in and method of construction of buildings in the quarter in which the said land is situate to submit plans, sections, elevations and specifications for the construction of the building to be erected upon the said land for the approval of the lesser in duplicate, not to start the work of construction unless and until the ..... board, shall be construed as referring to the trust which, in respect of any such areas, may alone exercise and perform all or any of the powers and functions which under any of the said sections might have been exercised and performed by the board or by the chairman or by an officer of the board: provided that the trust may delegate to the chairman or to any officer of the trust ..... (34) at page 651 of the report the terms of the grant is extracted by the privy council, which reads as follows:- 'it is another condition of this grant that in the event of your dying intestate, or of any of your successors dying intestate, the estate shall ..... ah under such circumstances is not only a callous and cruel act but an open insult to indian womanhood - the most sacrosanct and chershed institution. ..... 8.site inspection of unauthorised construction cases shall be carried out to the following extent: zac 5% of total cases booked .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1965Raj47
..... order to appreciate this divergence of judicial opinion, it will be useful to examine the material statutory provisions, section 34 of the indian stamp act of 1879, provided that no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly ..... it was in 1926 that when a question arose before the rangoon high court, air 1927 rang 109 that the learned judges deviated from the privy council's view in raja of bobbilli's case, 26 ind app 262 (pc) by saying that their lordships of the judicial committee) 'did not intend to go so far as their ..... appeal from the high court of madras, where the learned judges of the high court had held, 'that the copy should not be admitted on payment of a penalty, for the provision of the stamp act regarding penalty (section 39 of act i of 1879) prescribes that such payment shall be indorsed on the document, and presupposes that the document is forthcoming. ..... the inspection of the originals of these three documents was allowed to the defendant's counsel on 3rd ..... kailasam chettiar, air 1947 mad 422, which adopts the view taken in the earlier case-- ..... halima's case, air 1947 lah 306 has also adopted the view taken in the cases of ladha ram, air 1938 lah 90 and muhammad ayub, air 1922 lah ..... , air 1947 bom 135 ..... emperor, air 1947 lab 306, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1958Mad343; (1958)1MLJ367
..... . though in common with post-war egislation creating public corporation there is a reservation of power in favour of the government or the minister in a form of which the earliest is perhaps section 3(1) of the goal industry nationalisation act which ran:3(1) : the minister may, after consultation with the board give to the board directions of a general character as to the exercise and performance by the board of their functions in relation to matters appearing ..... learned lord justice then analysed these provisions which bore considerable resemblance to those of the life insurance corporation act, 1956, in these terms:the transport act, 1947, brings into being the british transport commission which is a statutory corporation of a kind comparatively ..... sight to afford an exact criterion for determining crown privilege, but on inspection the apparition fades into the same insubstantiality that has dissolved the ..... --a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly or legislative council of a state--(a) if he holds any office of profit under the government of india or the government of any state specified in the first schedule, other than an office declared by the legislature of the state by law not to disqualify its holder ..... . if this point regarding priority had to be decided on the terms of the indian companies act or the insolvency acts in india, the debts due to statutory corporations like the one before us would certainly not be .....
Tag this Judgment!Court : Chennai
Reported in : AIR1978Mad304
..... effort much less earnest effort to enter a caveat and as in the background of events she should be deemed to have avoided a contentious proceeding, since she could not substantiate it in her earlier litigation and since she failed to act at a time when she should have and for the reasons that there was no proof that there was a will dated 17-3-1966 and for all the reasons abovestated, we allow this appeal and set ..... she cannot, therefore, be permitted to invoke the just and equitable rule in section 263 of the indian succession act, and ask the court to revoke the original grant. ..... on her on 12-1-1974, was not accompanied by the copy of the petition filed for the grant and that no publication was made about the date of hearing of the testamentary proceedings and that she sought for inspection of the records as per order of the master of this court dated 19-3-1974 and it was only thereafter she entered caveat. ..... the expression 'just cause' explained in section 263 of the indian succession act is obviously illustrative and not exhaustive. ..... firstly, it is said that the appellants in their petition incorrectly described the place of death as the nursing home, when, in fact, he died in the house and that the affidavit of assets is neither full nor complete. ..... ramekant dikshit, air 1947 pat 434, held the view that a defect arising out of the absence of citation on the proper person is not a defect of substance and therefore, not a just cause.13. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(2)BomCR201; (1992)94BOMLR740
..... census not open to inspection nor admissible in evidence:- no person shall have a right to inspect any book, register or record made by a census-officer in the discharge of his duty as such, or any schedule delivered under section 10, and notwithstanding anything to the contrary in the indian evidence act, 1872, no entry in any such book, register, record or schedule shall be admissible as evidence in any civil proceeding whatsoever or in any criminal proceeding other than a prosecution under this act or any other law for ..... any act or omission which constitutes an offence ..... shoot down the new provision :(a) adoption of the population figures of an earlier period, nearly a decade old, would deny to the electorate, a valuable right to voice their demands and ventilate their grievances in the municipal council through a representative of a ward with a compact area and reckoned according to the latest population figures. ..... he has not merely to nurse his constituency but also to undertake a 'constituency surgery', when pressed in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All794
..... represented before us.22 it is urged on behalf of the creditors that they have a right to set up under section 11 of the encumbered estates act the title of their debtor and to prove that he had left assets which belonged to him and not to ..... point for decision, therefore, is whether in view of the fact that their lordships had not gone into the question of will, it is open to the creditors, in the encumbered estates act proceedings, to set up that will and prove that on the basis of it kunwar vijai verma was entitled to half the property and that that half was now in possession of raja ..... advocate, and thereafter he went to rae bareili and on the inspection of the mutation record on 10-11-1947, came to know of the date of death of the deceased ..... the opinion of the learned third judge is that the creditors of kunwar vijai verma are debarred by the order of his majesty in council, dated 20-12-1938, from proving that a moiety of the pawayan estate (except certain villages) is in the hands of the appellant, raja ajai ..... my answer, therefore, to the question is that the creditors of kunwar vijai verma are debarred by the order of his majesty in council, dated 20-12-1938, from proving that a moiety of the pawayan estate (except certain villages) is in the hands of the appellant raja ajai verma, ..... lordships think that justice will be met by leaving each party to pay their own costs in the indian courts, and awarding the costs of this appeal to the successful appellant, these costs to be paid .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2474
..... or institution, then either permanent affiliation should be granted or the application should be rejected but there should not be any temporary affiliation and further after the aforesaid judgment was delivered, section 37 (2) of the act was amended by adding a proviso which empowers the chancellor of the university to grant affiliation for one term of a course of study on such terms and conditions as he may deem fit.13. ..... course it sought recognition from the regional committee under the provisions of section 14 of the national council for teacher education act, 1993 (hereinafter referred to as the 'ncte act') and in this context a communication dated 21.8.1998 was sent by the northern regional committee of ncte to the college granting recognition to b.ed, one year course from the academic session 1998-99 ..... order dated 19.1.2005 passed by the vice-chancellor of the university clearly shows that it is based upon the report of the inspection panel constituted by the university which had pointed out the various deficiencies to which we have elaborately referred to in the preceding ..... do not want to take up a job and want to remain in private profession like a doctor or lawyer, registration with medical council or bar council is necessary for which purpose a degree in medicine or law, as the case may be, from an institution recognised by the said bodies ..... indian ..... , (1947) 2 all er 680 (ca), is considered to be the landmark in so far as the basic principles relating -to judicial review of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori11
..... so, a copy obtained by such a person is a copy obtained illegally and against the provision of this section and is, therefore, inadmissible in evidence.on the principle underlying in the provision of section 54 of the income-tax act making documents confidential as between the maker thereof and the income-tax department, it is obvious that apart from the maker thereof no one has got a right to inspect the same, and that being the position, certified copies obtained thereof on behaif of a ..... . these do not refer to cases in which trading, families are concerned and they do not overrule the principles laid down by the privy council in pichappa's case or lachman das's case .thus, it appears to be well settled that a joint hindu family through its karta can introduce a stranger into their family business and in view of the frequently ..... , that notwithstanding anything contained in the indian evidence act, 1872, under section 54 of the income-tax act, no court is entitled to require any public servant to produce the record of any assessment proceeding before it, or to give evidence in respect thereof except as provided in the act.accordingly, he argued that these documents being confidential in nature, nobody is entitled to a certified copy thereof and they are not admissible under the evidence act, he mainly relied upon a decision ..... assessment order by the income-tax officer, cuttack dated april 29, 1948 in respect of the assessee manilal tuisiram for the assessment year 1947-48. mr. .....
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