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Dec 10 2009 (HC)

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

Court : Mumbai

Reported in : 2010(1)BomCR294

..... no such legislation evolved by the legislature in particular or in general and incorporated in the bombay public trusts act, 1950 so that the provisions of the indian trusts act, 1882 can be read in bombay public trusts act, 1950. on the other hand, the preamble and provision of section 1 of indian trusts act, 1882 are otherwise. even otherwise, the apex court in the case of thayarammal (cited supra) has specifically ..... its judgment in the case of thayarammal (cited supra) has observed that the indian trusts act as clear by its preamble and contents is applicable only to private trusts and not to public trusts.12. the division bench of this court in case of sarda education trust (cited supra) considered preamble and section 1 of the indian trusts act, 1882 as well as law laid down by the apex court in the ..... to the tahsildar, anjangaon to decide the application afresh in accordance with law.the division bench of this court after taking into consideration the pros and cons as well as preamble and section 1 of the indian trusts act, 1882 as well as decision of the apex court in the case of thayarammal (cited supra) held that provisions of sections 47 and 48 of the .....

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Dec 20 2007 (HC)

Sarda Education Trust, Through Its Secretary, Anjangaon Surji Vs. Muku ...

Court : Mumbai

Reported in : 2008(2)BomCR114; 2008(2)MhLj395

..... and 48 of the indian trusts act were applicable to the proceedings in respect of the appellant/ trust. he pointed out that indian trusts act, 1882 applies to private trust as may be seen from the preamble of the act, which reads as under : .preamble . whereas it is expedient to define and amend the law relating to private trusts and trustees;. 8. further he submitted that section (1) of the indian trusts act relating to 'short ..... title, commencement and extent' specifically excludes applicability of the provisions of the act to public or ..... private religious or charitable endowments. he submitted that the question whether the provisions of indian trusts act were applicable to .....

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Sep 12 2012 (HC)

Gangula Narasimha and Others Vs. Government of Andhra Pradesh Rep. by ...

Court : Andhra Pradesh

..... it is expedient to define and amend the law relating to private trusts and trustees, it is hereby enacted as follows: therefore, from the preamble of the indian trusts act, it is evident that the trusts act has application only to private trusts and has no application to the public trusts. further, the savings clause under section 1 which excludes public or private religious or charitable endowments from the purview ..... of the act reads thus: savings: but nothing herein contained affects the rules of ..... thayarammal (dead) by l.r. v. kanakammal and others ((2005) 1 scc 457)the supreme court held that the indian trusts act as clear by its preamble and contents is applicable only to private trusts and not to public trusts. 50. from a careful perusal of the trust deed in the present case, it is clear that the trust created has the nature and character of a public charitable .....

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Sep 12 2012 (HC)

Gangula Narasimha and Others Vs. Government of Andhra Pradesh Rep. by ...

Court : Andhra Pradesh

..... it is expedient to define and amend the law relating to private trusts and trustees, it is hereby enacted as follows:" therefore, from the preamble of the indian trusts act, it is evident that the trusts act has application only to private trusts and has no application to the public trusts. further, the savings clause under section 1 which excludes public or private religious or charitable endowments from the purview ..... court has attained finality. therefore, we hold that the provisions of the endowments act have application to ggt. whether the provisions of the indian trusts act, 1882 have application to ggt:46. as regards the applicability of the indian trusts act, 1882 (act 2 of 1882) (for short 'the trusts act'), we may notice the preamble of the act which reads thus: "an act to define and amend the law relating to private ..... of the act reads thus: "savings: but nothing herein contained affects the rules of .....

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Jan 01 1974 (HC)

Surjidevi Kunjilal Jaipuria Charitable Trust Vs. Commissioner of Incom ...

Court : Allahabad

Reported in : [1978]112ITR368(All)

..... the assessee was not entitled to the benefit under section 4(3)(i) of the indian income-tax act, 1922. 6. before the tribunal, the main argument raised on behalf of the assessee was that the preamble to paragraph 3 of the trust deed indicated that the settlor was desirous of making a charitable trust. accordingly, such objectswhich did not fall within the category of charitable ..... the income under consideration and merely because the charity was intended to benefit generally the members of the vaishya community the trust will not cease to be a charitable trust entitled to the benefit of section 4(3)(i) of the indian income-tax act, 1922. accordingly, two of the clauses, viz, that for giving monetary help to poor and deserving members of the vaishya ..... case and on a proper interpretation of the declaration and the terms and conditions of the deed of trust dated april 24, 1958, it could be held that the trust was not entitled to exemption under section 4(3)(i) of the indian income-tax act, 1922?'2. the assessee-trust was created under a deed dated 24th april, 1958. objects for the creation of the ..... charitable in nature, were in fact objects of public charity. accordingly, all the objects of the assessee trust were of public charitable nature and its income was exempt from being included in its total income as provided in section 4(3)(i) of the indian income-tax act, 1922. 8. learned counsel for the revenue contended that in a reference under the income-tax .....

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Jan 21 1982 (HC)

R.P. Kapur and anr. Vs. Kaushalya Educational Trust

Court : Delhi

Reported in : 21(1982)DLT46; ILR1982Delhi801

..... which that purpose is to be implemented the trutees cannot alter the overriding trust the settler created for the family in the deed she executed. the trust deed expressly refers to section 6 of the act. the indian trust act deals with private trusts. public trusts arc outside its pale. (see section 1 and the preamble). the corporation, in my opinion, was mistaken in their view that the ..... land enjoyed the exemption of section 19(iv). this was the newest dodge on the newest statute. (22) what is the sum total ? the private trust founded by shrimati kaushalya ..... and found it difficult to manage her affairs single handedly. under section 6 of the indian 'trust act (the act) she created a trust called 'kaushalya educational trust'. on january 20. 1972, she executed a deed of trust which was duly registered. the objects of the trust were stated in clause 6. i will state them in the author's own words : 6. objects : that the ..... terms. the court will give effect to the intentions of the settler as expressed in the trust instrument. (24) the word 'trust' refers to the duty or aggregate accumulation of obligations that rest upon a person described as trustee' (lewin on trusts 16th ed. p. 1). the indian act describes it as 'an obligation annexed to the ownership of the property.' it is a .....

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May 26 2005 (HC)

Abhaya Vs. Raheem

Court : Kerala

Reported in : AIR2005Ker233; 2005(3)KLT891

..... be one of the reliefs mentioned in section 92'.11. the preamble of the indian trusts act, 1882 states that it was enacted to define and amend the law relating to private trusts and trustees. section 3 of the indian trusts act defines 'trust'. it reads as follows:-'a 'trust' is an obligation annexed to the ownership of property, and arising ..... b) framing a scheme for the better and efficient management of the society; or(c) dissolving the society.(2) where the application under sub-section (1) is by the members of the society, the applicant shall deposit in court along with the application the sum of one hundred rupees in cash as ..... with application to court for dissolution, framing schemes, etc. section 25 reads as follows:--'25. application to court for dissolution, framing a scheme, etc.-- (1) when an application is made by the state government or ten percent of the members on the rolls of a society to the district court within the ..... not a member of the society and hence he has not locus standi to file the petition. the court below has not considered whether respondents 1 to 6 have produced any document to prove that the 6th respondent is a member of the first petitioner society.7. in the 1st paragraph ..... a memorandum of association and rules and regulations. it is also averred that the general body meeting of the society held on 5.1.1986 decided to register the first petitioner under the act xii of 1955. in the petition the provisions contained in clauses 5, 6, 7, 8, 10, 11, 14, 15, .....

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Aug 09 1945 (PC)

Tan Bug Taim Vs. Collector of Bombay

Court : Mumbai

Reported in : AIR1946Bom216; (1945)47BOMLR1010

..... the main provisions enacted therein, he drew my attention in this behalf to the indian trusts act ii of 1882. it was an act to define and amend the law relating to private trusts and trustees, and the preamble to that act ran as under:whereas it is expedient to define and amend the law relating to ..... 57. no change was or has been made in this conception of the acquisition of land since the enactment of the land acquisition act i of 1894 by the indian legislature. that this was the meaning attached to acquisition of land was well-known to the framers of the devolution rules when ..... reading were quoted with approval by greaves j. in in re manick chand mahata v. the corporation of calcutta and the calcutta improvement trust i.l.r. (1921) cal. 916. i may also in this connection refer to a decision of the madras high court in ekambara v. madras corporation : air1927mad22 and the ..... that therefore the word 'acquisition' was used by the legislature there not in the sense of the acquisition of land as known to the land acquisition act i of 1894, viz. an acquisition of land which vested absolutely in the crown free from all encumbrances. this argument of the advocate general, however, ..... requisition of immoveable property was ultra vires the central legislature was not available to him in these proceedings under section 45 of the specific relief act. i am unable to accept this contention of the advocate general. the acceptance of that contention would mean that the court might have jurisdiction to .....

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Jul 12 1996 (HC)

Dr. Thomas Varghese Vs. State of Kerala

Court : Kerala

Reported in : [1997]226ITR365(Ker)

..... capacities and so the provisions of section 9(2)(a)(i) of the said act are not attracted. (iii) in the preamble to the partnership deed of both the firms, the partners including the petitioner and his wife have been described as 'being trustees' of the trusts they represented. the trusts constituted under the indian trusts act, 1882, are associations of persons and it is well- ..... body by itself will not become a partnership firm capable of managing the trust properties. in such a situation, where a trust permits to form partnership, such trust will depute any of its trustees to join the partnership for and on behalf of the trust. what section 67 of the indian trusts act, 1882, reveals is the liability of a partner being a trustee who ..... wrongfully employs the trust property in business. that would indicate the function of a partner, being a trustee in a partnership firm.12. basically the properties involved ..... established in law that associations of persons cannot as such become partners in a partnership firm. this being the legal position, where a trust desires and is permitted to participate in a partnership business, .....

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Mar 12 1996 (HC)

Dr. Thomas Varghese Vs. State of KeralA.

Court : Kerala

Reported in : (1996)136CTR(Ker)61

..... personal capacities and so the provisions of s. 9(2)(a)(i) of the said act are not attracted.(iii) in the preamble to the partnership deed of both the firms, the partners including the petitioner and his wife have been described as being trustees of the trusts they represented. the trusts constituted under the indian trust act, 1882, are aops and it is well established in law ..... that aops cannot as such become partners in a partnership firm. this being the legal position, where a trust desires ..... juridical body by itself will not become a partnership firm capable to manage the trust properties. in such situation where a trust permits to form partnership such trusts will depute any of its trustees to join the partnership for and on behalf of the trust. what s. 67 of the indian trust act, 1882 reveals is the liability of a partner being a trustee who wrongfully ..... employs the trust property in business. that would indicate the function of a partner, being a trustee in a partnership firm.11. basically the properties involved in .....

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