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Judgment Search Results Home  Phrase:charitable  Court:kerala  Page:2

Sep 22 2003

Shanmughan Vs. Vishnu Bharatheeyan

  • Decided on : 22-Sep-2003

Court : Kerala

Reported in : AIR2004Ker143; 2003(3)KLT901

..... and undivided family is normal condition of indian society. senior member of the joint undivided family is entitled to manage the family properties including even charitable properties and is presumed to be the manager. manager as the head of the joint family has control over the income and expenditure and the ..... means the permanent dedication by a person professing the muslim faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable. wakf is a trust for the purpose of section 92 of the code of civil procedure. though the expression 'trust' as such is not used ..... for the benefit of persons for whom he may himself be one. in order to understand the meaning of the expression 'private religious' or 'charitable endowment' used in the saving clause of section 1 of the indian trust act, we may examine the categories excluded from the provisions of indian ..... are not unanimous concepts, they are different nomenclatures. trust is not required for creating an endowment. all that is necessary is that the religious and charitable purpose is to be clearly spelt out and that the property intended for endowment is to be set apart.7. the trust and endowment are ..... than a trust. i have been taken through the commentaries. a mere dedication oral or written is sufficient to constitute and create a religious or charitable endowment. but to constitute a trust in the strict sense it has to answer the definition under section 3. endowments are the genus of which .....

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Sep 17 2004

Medical Accident Prevention Society Vs. Commissioner of Income Tax

  • Decided on : 17-Sep-2004

Court : Kerala

Reported in : (2005)194CTR(Ker)475; [2005]278ITR165(Ker)

..... practice. it is meant to defend actions initiated by government or judicial forums also. therefore, the objects of the society cannot be held to be charitable. it is against public policy. in view of foregoing, i hold that medical accident prevention society is not entitled to registration under section 12aa (12a ..... in mind, the cit has considered the various clauses in the deed and came to the following conclusions :'the society is not one existing for charitable object. it is not existing for an object of general public utility or meant for general public. the services of the society are limited to ..... association : [1977]106itr725(guj) . counsel also submits that the trust deed gives unfettered discretion on the trustees to use the trust fund for purposes other than the charitable purpose also. the counsel relied on the decision of the supreme court in east india industries (madras) (p) ltd. v. cit : [1967]65itr611(sc) ..... the cit after due consideration of the terms of the deed rightly came to the conclusion that the society is not one which exists for charitable object and that the object as per the deed is not an object of general public utility or meant for general public. the senior counsel ..... took me to the deed (ext. p8) and brought to my notice the preamble which contains the objects and submitted that the objects are purely charitable. counsel further submitted that the cit was carried away by the powers of the society and had mixed the objects with the powers and with reference .....

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Jul 10 2007

V. Padmanabhan and Ors. Vs. The Commissioner, Hindu Religious and Char ...

  • Decided on : 10-Jul-2007

Court : Kerala

Reported in : 2007(2)KLJ730

k.s. radhakrishnan, j.1. extp. p10 order passed by the commissioner, hindu religious & charitable endowments (administration) department dated 10-11-2006 is under challenge in w.p.c. no. 30254 of 2006. commissioner by that order removed the petitioners therein from the trustee board .....

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May 26 2005

Abhaya Vs. Raheem

  • Decided on : 26-May-2005

Court : Kerala

Reported in : AIR2005Ker233; 2005(3)KLT891

..... the school building and for the ancillary purposes for establishing and maintaining the work of the school. if there was a trust created by the public, for a public charitable purpose namely establishing, maintaining and running a school the fact of the registration of a society could not change the character of the properties which had already been constituted as ..... of association and filing the same with the registrar, form themselves into a society. section 32 of the act provides that the following societies may be registered under the act:'charitable societies, societies established for the promotion of science, literature or the fine arts, the diffusion of useful knowledge, the foundation or maintenance of libraries or reading rooms for general ..... 92 c.p.c. is maintainable the court need only look into the averments in the plaint. it was further held that since the 1st petitioner is a public charitable trust, petition is maintainable. challenging that order this civil revision petition is filed.5. the learned counsel appearing for the petitioners has argued that the 1st petitioner is a ..... the petitioners therein, to institute a regular suit for the reliefs made in the petition.2. the 1st petitioner is a society registered under the travancore-cochin literary, scientific and charitable societies registration act (act xii of 1955), (hereinafter referred to as 'act xii of 1955') with registration no. 71 of 1986 and having registered office at 'varada', nandavanam, thiruvananthapuram .....

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Feb 15 2006

Sasibhooshan Vs. Kerala Lok Ayukta

  • Decided on : 15-Feb-2006

Court : Kerala

Reported in : 2006(2)KLT17

..... in para 8 it is held as follows:both the kerala state literacy mission authority and the kerala saksharatha samithi are societies registered under the travancore-cochin literary, scientific and charitable societies registration act, 1955. kerala saksharatha samithi was initially, accorded (sic) to the implementation of the post literary and continuing education programme in all districts in the state ..... kerala and which is notified, in this behalf, in the gazette.4. the society was registered under the travancore cochin literary, scientific and charitable societies registration act, 1955 and there is no control by the government. but it is not notified in the gazette. therefore, petitioner is not a public servant for ..... specify, by notification in the gazette from time to time'.((c) xxxxxxxxxx(d) a society registered or deemed to have been registered under the travancore cochin literary, scientific and charitable societies registration act, 1955 (xii of 1955)or the societies registration act, 1860 (central act 21 of 1860), which is subject to the control of the government of ..... ayukta act, 1991 (in short hereinafter referred to as 'the act') . the kerala state literacy mission authority is a society registered under the travancore-cochin literary, scientific and charitable societies act 1955 (in short t.c. societies act). originally it was registered as kerala saksharatha samithi. it was re-named kerala state literacy mission authority. the above society .....

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Jan 19 1993

T.A. Abdul Nazar Vs. State of Kerala and Ors.

  • Decided on : 19-Jan-1993

Court : Kerala

Reported in : 1994CriLJ2786

..... illegal activities the 1ss is utilising the spacious plot which is having an extent of more than 2 acres with a building said to be owned by the anwarul islam charitable society. but that society is only existing on paper. the whole area of 2 acres has been converted into a well protected fortress with huge brick walls having a height ..... no arguments were advanced in regard to ext. p4 notification.2. the petitioner is the chairman of the iss. he also claims to be the principal of the anvarul islam charitable society at sasthan-cotta. according to him, the iss is purely a religious organisation formed in nov. 1990 for the religious, cultural, educational and spiritual advancement of muslims. a true ..... and integrity of india and in public order and morality and in the fundamental rights to minority. the said anvarul islam charitable society is said to have been registered on 4-8-1988 under the travancore-cochin (literary, scientific and charitable) societies registration act, 1955, and is said to be a public trust established in 1987. various details with regard to the .....

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Jan 19 2009

Kerala Rural Employment and Welfare Society Vs. Assistant Director of ...

  • Decided on : 19-Jan-2009

Court : Kerala

Reported in : [2009]312ITR51(Ker); [2009]184TAXMAN93(Ker)

..... -tax to admit applications under section 11(2) read with rule 17 of the income-tax rules, 1962, from persons deriving income from property held under the trust wholly for charitable or religious purposes for accumulation of such income to be applied for such purposes stipulated. commissioners of income-tax will, while entertaining such applications, satisfy themselves that the following conditions ..... an intention. by no stretch of imagination can the extended period which is given under section 139(4) be made available for giving the notice for accumulation of income by charitable trust or institution beyond the period mentioned in section 139(1). there can be no doubt that on the one hand the period under section 139(1) is specified in ..... petitioner also submitted form no, 10 for accumulation along with the return. rule 17 of the income-tax rules, 1962, reads as follows:17. notice for accumulation of income by charitable or religious trust or institution or association referred to in clauses (21) and (23) of section 10.-the notice to be given to the assessing officer or the prescribed authority ..... k.m. joesph, j.1. the petitioner is a welfare society registered under the travancore-cochin literary, scientific and charitable societies registration act, 1955, hereinafter referred to as the act. the membership of the society consists of panchayats in the state of kerala and the society itself is a government .....

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Jan 05 1966

Srikandath Govinda Menon Vs. Union of India (UOI), New Delhi and Anr.

  • Decided on : 05-Jan-1966

Court : Kerala

Reported in : AIR1966Ker216

..... to the control and supervision of endowments, your conduct has been such as to render vou unfit for the performance of your statutory duties under the madras hindu religious and charitable endowments act or as a responsible officer of the government. . . . . " 7. the statement of allegations under this part of the charge sets out, in detail, the ..... (2) kallekulangara emoor bhaga-vathi temple, (3) naduvil vellat devaswom, (4) kottiyoor devaswom (5) mundayanparamba devaswom in utter disregard of the provisions in the madras hindu religious and charitable endowments act, 1961 and the rules issued thereunder, in several cases, you had yourself initiated the proposal for leases which should have been made by the trustee and acted in ..... were entirely without jurisdiction as no disciplinary proceedings could be taken against him for acts or omissions in respect of his work as commissioner under the madras hindu religious and charitable endowments act (shortly stated the act), that orders passed by him being quasi judicial in character can he impugned only in appropriate proceedings as provided under the act. ..... the indian administrative service. he was the first member of the board of re-venue. kerala state and was also holding the post of commissioner of hindu religious and charitable endowments. on the basis of certain petitions containing allegations of misconduct against the petitioner in the discharge of his duties as commissioner, the kerala government, after conducting certain .....

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Feb 17 2006

K. Varghese Vs. Bhanuvikraman Unnithan

  • Decided on : 17-Feb-2006

Court : Kerala

Reported in : AIR2007Ker192

..... case, the seven appellants therein signed a bond in favour of the khadi board agreeing to repay the amount borrowed from the khadi board for the purpose of a charitable society of which the appellants were members. it was contended in that case that the appellants therein would be liable even if they ceased to be directors of the ..... barring further proceedings, as contended by the learned counsel for the respondent.11. the learned counsel for the respondent relied on section 11 of the travancore-cochin literary, scientific and charitable societies registration act. section 11 reads as follows:11. enforcement of decree against society :-- if a decree is against the person or officer named on behalf of the society, ..... decision in amar chand v. bhano : air1995sc871 in this regard. counsel for the respondent also raised a contention that under section 11 of the travancore-cochin literary, scientific and charitable societies registration act, 1955 the decree shall not be executed against the property, movable or immovable, or against the body of the officer of the society.8. section 145 of ..... , namely, bhanuvikraman unnithan.2. the vimuktha bhada motor service society no. 4106 (hereinafter referred to as 'the society') is a society registered under the travancorc-cochin library, scientific and charitable societies registration act, 1955 (act xii of 1955). the suit was filed by the revision petitioner against the society for realisation of money. pending the suit, a bus bearing registration .....

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Aug 09 2007

Food Corporation of India Vs. State of Kerala and Ors.

  • Decided on : 09-Aug-2007

Court : Kerala

Reported in : 2007(3)KLJ502

..... establishment of the central government. the definition of establishment is wider in nature. it includes a society registered under the societies registration act 1860 or travancore cochin literary scientific and charitable societies registration act 1955 which carries on any business or trade or any work in connection therewith or ancillary thereto and which employs, or on any working day during the ..... : 'section 2(f) establishment includes; v) an establishment including a society registered under the societies registration act 1860 (central act 21 of 1960) or the travancore cochin literary scientific and charitable societies registration act 1955 which carries on any business or trade or work in connection there with or ancillary thereto and which employs or on any working day during the .....

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