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Search Results Judgments > Act:indian trusts act

Dec 10 2009

Shyamabai Wd/o Surajkaran Joshi and Ors. Vs. Madan Mohan Mandir Sansth ...

  • Decided on : 10-Dec-2009

Court : Mumbai

Reported in : 2010(1)BomCR294

... Indian Public Trusts Act and since the language of the preamble and provisions of Indian Public Trust Act being straightforward and unambiguous and is capable of conveying the intention of Legislature, concluded that the provisions of Indian Trusts Act are applicable only to private Trusts and not the public Trusts. The preamble of the Indian Trusts Act clearly shows that the Indian Trusts Act ... Trusts Act and since the language of the preamble and provisions of Indian Public Trust Act being straightforward and unambiguous and is capable of conveying the intention of Legislature, concluded that the provisions of Indian Trusts Act are applicable only to private Trusts and not the public Trusts. 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 ... Indian Public Trust Act being straightforward and unambiguous and is capable of conveying the intention of Legislature, concluded that the provisions of Indian Trusts Act are applicable only to private Trusts and not the public Trusts. 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 ...

Dec 20 2007

Sarda Education Trust, through its Secretary, Anjangaon Surji Vs. Muku ...

  • Decided on : 20-Dec-2007

Court : Mumbai

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

... 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 ... Indian Trusts Act .and in any case the principle embodied in Section 47 and 48 must apply to public, religious and charitable trusts under the Bombay Public Trusts Act. and, therefore, held that it was necessary to go into the question whether the delegation to the Secretary of the trust to initiate proceedings was legal, proper and covered by Section 47 of the Indian Trusts Act ... 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 ...

Apr 05 1990

Vajubhai Patel and Anr. Vs. Charity Commissioner, Maharashtra State an ...

  • Decided on : 05-Apr-1990

Court : Mumbai

Reported in : 1990(2)BomCR702

... 7. Mohanbhai's stand is that Vajubhai, Leelabehn, Sonalbehn and Kusumbehn were all trustees. They could not accept any office of profit from then trust. By accepting employment they had contravened sections 50 and 51 of the Indian Trust Act, 1882 (I.T.A.). This was violative of sub-sections (c), (d) and (e) of section 41D(1) of the B.P.T. ... Trusts Act, 1950 (B.P.T.A.).2. Basic education is one of the many concepts which this country owes to Mahatma Gandhi. To popularise this ideal certain individuals including Vajubhai Patel in 1964 organised themselves into a Council known as the Indian Council of Basic Education. In April 1964, the Council was registered under the Societies Registration Act of 1860 (SR. Act) ... covers all trusts, private and public, and merely because they find a place in the Trusts Act, they cannot become 'untouchable' where public trusts are involved.'Sections 50 and 51 ITA incorporate basic prohibitions to which every trustee is expected to conform, lest trusts become the medium for self-aggrandisement. Therefore, the limitations in these sections will apply to trustees of public trusts. Section ... . to the trustees of public trusts in this State. But as was stated in State of Uttar Pradesh v. Bansi Dhar & others, : [1974]2SCR679 ---'there is a common area of legal principles which covers all trusts, private and public, and merely because they find a place in the Trusts Act, they cannot become 'untouchable' where public trusts are involved.'Sections 50 and 51 ...

Jul 06 2009

Shri Raimalbua Sansthan - Trust, a Registered Public Trust by its Mana ...

  • Decided on : 06-Jul-2009

Court : Mumbai

Reported in : 2010(1)BomCR289

... he submits is in breach of Section 47 of the Indian Trust Act.9. Shri Gordey, learned Counsel for the petitioner, on the other hand contends that Section 47 of the Indian Trust Act has no application to a public trust at all, as said Act applies to the private trust. He submits that the plaintiff is a public trust admittedly and therefore, is not governed by Section 47 at ... to Section 47 of the Indian Trust Act as well as Section 6 of the Societies Registration Act. Mr. Justice Naik in N.W. Mandir's case considers the provisions of Section 47 of the Indian Trust Act and Section 6 of the Societies Registration Act and upon consideration reaches the conclusion that a suit by one of the trustees of a public trust is not maintainable for Section ... Section 47 of the Indian Registration Act to a public trust as well as Section 6 of the Societies Registration Act. Both the decisions are of coequal bench. The controversy involved is of a general importance and it affects rights and property of the public trust.13. I may observe that Section 47 of the Indian Trust Act cannot have an application to a public trust. Section 47 to ... the Indian Trust Act as well as the decision rendered by this Court in 1994 Mh.L.J.280 Nagar Wachan Mandir, Pandharpur v. Akbaralli Abdulhusen and Sons and ors. He submits that even by virtue of the Section 6 of the Societies Registration Act, 1860 a single trustee cannot sue for possession of the trust property. According to him, Section 47 of the Indian Trust Act ...

Sep 10 1999

Hargovindbhai Dahyabhai Patel Vs. Prabhudas Raichand Sanghani

  • Decided on : 10-Sep-1999

Court : Gujarat

Reported in : (2000)2GLR51

... trust' are nowhere defined in the Act but under sub-section (3) of the Indian Trusts Act, 1882, the same have been defined and according to Section 2(2) of the Public Trusts Act, the words and expressions used but not defined in the Bombay Public Trusts Act, but even in the Indian Trusts Act, 1882 shall have the meaning assigned to them in that Act. ... Trust Deed by the Trustees. The Gujarat Revenue Tribunal has considered that the words, 'breach of trust' are nowhere defined in the Act but under sub-section (3) of the Indian Trusts Act, 1882, the same have been defined and according to Section 2(2) of the Public Trusts Act, the words and expressions used but not defined in the Bombay Public Trusts Act, but even in the Indian Trusts Act ... Indian Trusts Act, 1882, the same have been defined and according to Section 2(2) of the Public Trusts Act, the words and expressions used but not defined in the Bombay Public Trusts Act, but even in the Indian Trusts Act, 1882 shall have the meaning assigned to them in that Act. While giving consent the Charity Commissioner has to satisfy himself that it is a Public Trust registered under the Act ... the Public Trusts Act, the words and expressions used but not defined in the Bombay Public Trusts Act, but even in the Indian Trusts Act, 1882 shall have the meaning assigned to them in that Act. While giving consent the Charity Commissioner has to satisfy himself that it is a Public Trust registered under the Act and there is an alleged breach of trust. ...

Mar 13 2007

Ashok Kumar Kapur and Ors. Vs. Ashok Khanna and Ors.

  • Decided on : 13-Mar-2007

Court : Supreme

Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).

... trust exists and we also have to accept the contention of Learned counsel appearing on behalf of the respondent in the instant case that the instance case is squarely covered under the Illustration (b) of Section 56 of the Indian Trust Act and the trustees are bound to fulfil the purpose of the trust and to obey the directors of the author of the trust ... Indian Trust Act and the trustees are bound to fulfil the purpose of the trust and to obey the directors of the author of the trust, except if any modification is made by consent of all the beneficiaries, being competent to contact. It appears to us that in the guise of getting an opinion from the court, the company thought it fit to extinguish the trust ... INTRODUCTION : Interpretation of Section 34 of the Indian Trusts Act, 1882 (for short, 'the Act') is involved in this appeal which arises out of a judgment and order dated 06.02.2006 passed by a Division Bench of ... that the trust stand extinguished, any remedy in respect thereof must be found within Chapter VIII of the Act and not otherwise. Similar provisions exist in the Official Trustees Act, 1930, Section 302 of the Indian Succession Act, 1925 and Section 7 of the Charitable and Religious Trusts Act, 1920. The ... four heads are those relating to management and administration of trust property. That power is similar to the power conferred in Courts by Sec. 34 of the Trusts Act and S. 43 of the Trustees and Mortgagees Powers Act, 1866. In fact in this country we have condified ...

Mar 20 2012

Sri Bhaktanjaneya Swamy Vari Devalayam T Vs. 1) To whom so ever it may ...

  • Decided on : 20-Mar-2012

Court : Andhra Pradesh

... Indian Trusts Act, 1882 (for short "the Trusts Act") seeking permission to proceed with the sale of the petition schedule property. C.R.P.No.394/2012 is filed by respondent No.2 assailing the findings rendered by the learned District Judge in the above mentioned O.P. with respect to the nature of the Trust ... outset, it is humbly submitted that questioning the impugned order dismissing the petition filed under Section 34 of the Indian Trusts Act, the 1st respondent herein filed C.R.P.No.5784/2010 and the same is pending admission ... Trusts Act saved public or private religious or charitable endowments from being affected by the provisions of the Trusts Act. Once the property is registered under Section 43 of the Endowments Act, it becomes the religious endowment and consequently it falls outside the scope of the Trusts Act ... Trusts Act. The learned District Judge has committed a serious error in not examining these aspects and instead delving into various aspects as noted above which completely fall outside the scope of Section 34 of the Trusts Act. With regard to the submission of Sri V.L.N. Gopalakrishna Murthy, on Section 83 of the Trusts Act ... Trusts Act. With regard to the submission of Sri V.L.N. Gopalakrishna Murthy, on Section 83 of the Trusts Act, having regard to the facts pleaded, the questions whether the Trust was created for the benefit of the donors and their descendents or of the deity and whether Ex.A-1 is rendered incapable of being executed and thereby a "resultant Trust ...

Nov 30 1979

Commissioner of Income-tax Vs. Lucknow Diocesan Trust Association

  • Decided on : 30-Nov-1979

Court : Allahabad

Reported in : (1980)17CTR(All)94; [1980]123ITR38(All); [1980]4TAXMAN90(All)

... trust and is governed by the Charitable and Religious Trusts Act, 1922, and not by the Indian Trusts Act, 1882. It could not be shown to us that there is any restriction placed in the Charitable and Religious Trusts Act, 1922, in the matter of payment of remuneration by the trust to the trustees. It was further found and it is not disputed that the Lucknow Diocesan Trust ... trust to its trustees as an admissible deduction ? '3. As noted above, the facts, found by the Tribunal were that the assessee is a charitable and religious trust and is governed by the Charitable and Religious Trusts Act, 1922, and not by the Indian Trusts Act, 1882. It could not be shown to us that there is any restriction placed in the Charitable and Religious Trusts Act ... According to the Tribunal, the assessee is a charitable and religious trust governed by the Charitable & Religious Trusts Act, 1922, and not by the Indian Trusts Act, 1882, and that there is no restriction placed in the aforesaid Act in regard to payment to the trustees for managing the affairs of the trust. On merits as well, the Tribunal accepted the assessee's ... Trusts Act, 1922, and not by the Indian Trusts Act, 1882, and that there is no restriction placed in the aforesaid Act in regard to payment to the trustees for managing the affairs of the trust. On merits as well, the Tribunal accepted the assessee's contention and held that when admittedly the association had been looking after and managing the affairs of the assessee-trust ...

Mar 19 1983

Princess Usha Trust Vs. Commissioner of Income-tax

  • Decided on : 19-Mar-1983

Court : Madhya Pradesh

Reported in : (1983)35CTR(MP)31; [1983]144ITR808(MP)

... Indian Trusts Act. Section 8 of the Indian Trusts Act, which provides that the subject-matter of a trust must not be, merely beneficial interest under a subsisting trust, is attracted only when the trust, which is created, is a private trust. That proviso is not attracted in the case of an educational trust as the provisions of the Indian Trusts Act are not applicable to an educational trust ... trust property to the educational trust on December 18, 1973. Such transfer, as we have observed, is not hit by the proviso to Section 58 of the Indian Trusts Act. Section 8 of the Indian Trusts Act, which provides that the subject-matter of a trust must not be, merely beneficial interest under a subsisting trust, is attracted only when the trust, which is created, is a private trust ... counsel for the assessee, contended that the provisions of Section 8 of the Indian Trusts Act were not attracted as the Indian Trusts Act was not applicable to an educational trust and that the proviso to Section 58 of the Indian Trusts Act was also not attracted as property was not transferred in the instant ... trust after obtaining permission of the court for that transfer, 'under Section 8 of the Hindu Minority & Guardianship Act, 1956. It was urged that in these circumstances, the assessee-trust was extinguished by virtue of the provisions of Section 77 of the Indian Trusts Act. It was contended in the alternative that there was also revocation of the assessee trust under Section 78 of the Indian Trusts Act ...

Feb 03 2006

Shiva Nath Prasad Vs. State of West Bengal and Ors.

  • Decided on : 03-Feb-2006

Court : Supreme

Reported in : AIR2006SC1181; 2006(2)ALD76(SC); 2006CriLJ1258; 2006(2)CTC216; 127(2006)DLT198(SC); JT2006(2)SC172; 2006(2)SCALE217; (2006)2SCC757

... Indian Trusts Act, 1882 and, therefore, it was urged that, in the present case, there was no valid creation of a trust, as alleged. Learned Counsel submitted that in any event the said five trusts were private in nature and a mere contingency in charity would not make such trusts public and thereby bring them out of the provisions of Indian Trusts Act ... trust, as alleged. Learned Counsel submitted that in any event the said five trusts were private in nature and a mere contingency in charity would not make such trusts public and thereby bring them out of the provisions of Indian Trusts Act. In this connection, it was urged that the sole beneficiaries of the trusts ... trusts public and thereby bring them out of the provisions of Indian Trusts Act. In this connection, it was urged that the sole beneficiaries of the trusts were M.P. Birla and Smt. Birla and that reference to charity in Clause 8 was a mere contingent interest and, therefore, such provision cannot transform the nature and character of the private trust into a public or charitable trust ... trust property was the same as the legal ownership which vested in him as a trustee and if the beneficiary and the trustee were the same person and if the beneficiary has the same right as the trustee, then there can be no beneficial interest under Section 3 of the Indian Trusts Act ... barred under Sections 91 and 92 of the Indian Evidence Act, 1872. Similarly, the allegations of the trust property having vested in three public charitable ...

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