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Search Results Judgments > Phrase: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 ...

Apr 24 1992

M. Govindarajan and Ors. Vs. The Indian Overseas Bank, Pondicherry by ...

  • Decided on : 24-Apr-1992

Court : Chennai

Reported in : (1993)1MLJ189

... Act, Section 82 of the Indian Trusts Act, 1882 has been repealed. Likewise, even as regards Section 94 of the Indian Trusts Act, 1882, in view of Section 4 of the Act, that section has been rendered unnecessary and that accounts for the repeal of Section 94 of the Indian Trusts Act, 1882. In other words, the repeal of Sections 82 and 94 of the Indian Trusts Act ... Indian Trusts Act, 1882, had become unnecessary. Thus, by the combined operation of Sections 2(a) and 4 of the Act, Section 82 of the Indian Trusts Act, 1882 has been rendered wholly unnecessary and that is the reason why, under Section 7(1) of the Act, Section 82 of the Indian Trusts Act, 1882 has been repealed. Likewise, even as regards Section 94 of the Indian Trusts Act ... Indian Trusts Act, 1882 has been rendered wholly unnecessary and that is the reason why, under Section 7(1) of the Act, Section 82 of the Indian Trusts Act, 1882 has been repealed. Likewise, even as regards Section 94 of the Indian Trusts Act, 1882, in view of Section 4 of the Act, that section has been rendered unnecessary and that accounts for the repeal of Section 94 of the Indian Trusts Act ...

Sep 12 2012

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

  • Decided on : 12-Sep-2012

Court : Andhra Pradesh

... 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 Trusts ... 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 Trusts and Trustees. Whereas it is expedient to define and amend the law relating to private Trusts ... 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 Trusts and Trustees. Whereas 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 ...

Sep 12 2012

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

  • Decided on : 12-Sep-2012

Court : Andhra Pradesh

... 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 Trusts ... 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 Trusts and Trustees. Whereas it is expedient to define and amend the law relating to private Trusts ... 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 Trusts and Trustees. Whereas 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 ...

Nov 18 1988

Commissioner of Income-tax/Wealth-tax Vs. Indumathi R. Kirloskar

  • Decided on : 18-Nov-1988

Court : Karnataka

Reported in : ILR1990KAR893; 1988(3)KarLJ377

... Act to the Indian Trusts Act is fundamentally wrong and is devoid of merit. The expression 'transfer' is not defined under the Indian Trusts Act. Transfer of property is governed by the provisions of the transfer of Property Act, Even in respect of a trust, if there is any transfer of property, the expression used in the Transfer of Property Act can be looked at because the Indian Trusts Act ... 58 of the Indian Trusts Act was not attracted to the present case. Thus, neither sections 56 and 58 of the Indian Trusts Act, nor the clauses in the trust deed, act as a bar to the assessee's surrendering or relinquishing her rights under the trust deed in favour of her husband. 16. It is next contended that section 9 of the Indian Trusts Act provides ... Indian Trusts Act leads one to the conclusion that while the Act is exhaustive in respect of matters provided for in it, it is not exhaustive in respect of all matters relating to private trusts. In cases where the provisions of the Indian Trusts Act do not cover a situation, then, general principles of law could be invoked. Therefore, the expression 'transfer' used in the Indian Trusts Act ... is not defined under the Indian Trusts Act. Transfer of property is governed by the provisions of the transfer of Property Act, Even in respect of a trust, if there is any transfer of property, the expression used in the Transfer of Property Act can be looked at because the Indian Trusts Act is not a code and the preamble to the Act provides that 'Whereas ...

Nov 18 1988

COMMISSIONER OF INCOME-TAX/WEALTH-TAX Vs. SMT. INDUMATHI R. KIRLOSKAR. ...

  • Decided on : 18-Nov-1988

Court : Karnataka

Reported in : (1989)79CTR(Kar)121; [1989]176ITR422(KAR); [1989]176ITR422(Karn)

... Act to the Indian Trusts Act is fundamentally wrong and is devoid of merit. The expression 'transfer' is not defined under the Indian Trusts Act. Transfer of property is governed by the provisions of the transfer of Property Act, Even in respect of a trust, if there is any transfer of property, the expression used in the Transfer of Property Act can be looked at because the Indian Trusts Act ... Indian Trusts Act, nor the clauses in the trust deed, act as a bar to the assessees surrendering or relinquishing her rights under the trust deed in favour of her husband.It is next contended that section 9 of the Indian Trusts Act provides that a disclaimer or renunciation may be made only by the proposed beneficiary before the acceptance of the trust. A reading of section 9 of the Indian Trusts Act ... Indian Trusts Act was not attracted to the present case. Thus, neither sections 56 and 58 of the Indian Trusts Act, nor the clauses in the trust deed, act as a bar to the assessees surrendering or relinquishing her rights under the trust deed in favour of her husband.It is next contended that section 9 of the Indian Trusts Act ...

Feb 24 2009

Carcieri v. Salazar

  • Decided on : 24-Feb-2009

Court : US Supreme Court

... trust for [an] Indian tribe or individual Indian any interest in lands for the purpose of providing land for Indians.[ Footnote 5 ] The Acts language could not be clearer: To effectuate the Acts broad mandate to revitalize tribal development and cultural self-determination, the Secretary can take land into trust for a tribe or he can take land into trust for an individual Indian ... Indian Reorganization Act (IRA or Act) authorizes the Secretary of the Interior, a respondent in this case, to acquire land and hold it in trust for the purpose of providing land for Indians. Ch. 576, 5, 48 Stat. 985, 25 U. S. C. 465. The IRA defines the term Indian to include all persons of Indian descent who are members of any recognized Indian ... Indian any interest in lands for the purpose of providing land for Indians.[ Footnote 5 ] The Acts language could not be clearer: To effectuate the Acts broad mandate to revitalize tribal development and cultural self-determination, the Secretary can take land into trust for a tribe or he can take land into trust for an individual Indian. Though Congress outlined the Secretarys trust ... . 470 , 485 (1917). The Secretary may accept land into trust only for the purpose of providing land for Indians. 25 U. S. C. 465. Indian is defined by statute as follows: The term Indian as used in this Act shall include all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction , and all persons who are ...

Mar 04 2003

United States v. White Mountain Apache Tribe

  • Decided on : 04-Mar-2003

Court : US Supreme Court

... it would read the trust relation out of Indian Tucker Act analysis; if a specific provision for damages is needed, a trust obligation and trust law are not. And this likewise would ignore Mitchell I, where the trust relationship was considered when inferring that the trust obligation was enforceable by damages. To be sure, the fact of the trust alone in Mitchell I did ... trust relationship enforceable by a damages award. Held: The 1960 Act gives rise to Indian Tucker Act jurisdiction in the Court of Federal Claims over the Tribe's suit for money damages against the United States. Pp.472-479. (a) The Indian Tucker Act gives that court jurisdiction over Indian tribal claims that "otherwise would be cognizable ... if the claimant were not an Indian ... , the Government's position, if carried to its conclusion, would read the trust relation out of Indian Tucker Act analysis; if a specific provision for damages is needed, a trust obligation and trust law are not. Sheehan and Testan are not to the contrary; they were cases without any trust relationship in the mix of relevant fact, but with affirmative reasons to ... the undisputed existence of a general trust relationship between the United States and the Indian people"). 475 States in trust for the White Mountain Apache Tribe." 74 Stat. 8. Unlike the Allotment Act, however, the statute proceeds to invest the United States with discretionary authority to make direct use of portions of the trust corpus. The trust property is "subject to the ...

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 ...

Jun 13 2011

United States v. Jicarilla Apache Nation

  • Decided on : 13-Jun-2011

Court : US Supreme Court

... Indian funds originated with congressional enactments in the 19th century directing the Government to hold and manage Indian tribal funds in trust. See, e.g. , Act of June 9, 1837, 5 Stat. 135; see also Misplaced Trust: The Bureau of Indian Affairs Mismanagement of the Indian Trust Fund, H. R. Rep. No. 102449, p. 6 (1992) (hereinafter Misplaced Trust ... trust fund accounts. See ante , at 3. The system of trusteeship and federal management of Indian funds originated with congressional enactments in the 19th century directing the Government to hold and manage Indian tribal funds in trust. See, e.g. , Act of June 9, 1837, 5 Stat. 135; see also Misplaced Trust: The Bureau of Indian Affairs Mismanagement of the Indian Trust ... Indian trust funds.[ Footnote 9 ] Indeed, Title I of the 1994 Act is entitled Recognition of Trust Responsibility, 108 Stat. 4240 (emphasis added), and courts have similarly observed that the Act recognized and reaffirmed that the government has longstanding and substantial trust obligations to Indians. Cobell , 240 F. 3d, at 1098; see also H. R. Rep. No. 103778, p. 9 (1994) (The responsibility for management of Indian Trust ... of the trust to other beneficiaries without authorization either by the settlor or in the terms of the trust or a statute). In many respects, Indian trusts resemble revocable trusts at common law because Congress has acted as the settlor in establishing the trust and retains the right to alter the terms of the trust by statute ...

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