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Search Results Judgments > Act:indian trusts act Preamble 1

Dec 20 2006

Mrs. Sushma Harish Sharma And Shri Vs. Hotel Horizon Pvt. Ltd. And ...

  • Decided on : 20-Dec-2006

Court : Company Law Board (CLB)

Reported in : (2007)139CompCas261

... the return of allotment clearly indicates their names as the first holder, the 1^st petitioner cannot claim to be the first holder of these shares. Even otherwise, since the money had gone from the Trust funds, in terms of Section 14 of Indian Trust Act, the 1^st petitioner being a Trustee, could not have got the shares ... Trust and the ledger account of the company during the relevant period also should be examined. In so far as the decision of Bombay High Court regarding Article 12 is concerned, that decision is not applicable in the present case. While exercising the powers under Article 12, the 2^nd and 3^rd respondents should have acted ... 2^nd and 3^rd respondents, created a Trust in the name of "Ekta Trust". The 1^st petitioner is a Trustee and also a joint signatory of the bank accounts of the Trust.In March, 1995, the Trust transferred a sum of Rs. 51,80,000 out of the Trust funds to the 2^nd, 3^rd ... of the 2^nd and 3^rd respondent but also of the 2^nd petitioner. Even though the 1^st petitioner is a Trustee of Ekta Trust, now she denies knowledge about the existence of the Trust.Considering the fact that funds for acquisition of the shares had gone from the bank accounts of the ... Gopal Jain submitted: The 2^nd and 3^rd respondents have claimed that the shares in the joint names with the 1^st petitioner were acquired out of the funds transferred from the bank account of the Trust. Even though, the 2^nd and 3^rd respondents have produced a certificate from the bank regarding ...

Jul 12 2005

Sarbananda Sonowal Vs. Union of India (UOI) and Anr.

  • Decided on : 12-Jul-2005

Court : Supreme Court of India

Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665

... the case may be, shall, notwithstanding anything contained in the Indian Evidence Act, 1872, lie upon such person.'The legislature then enacted the Foreigners Act, 1946 which repealed the 1940 Act. Section 2(a) of this Act defines a 'foreigner' and it means a person who is not a citizen of India. Sub-Section (1) of Section 3 lays down that the Central Government may by ... law and order problem. The Bill seeks to confer necessary powers on the Central Government to deal with the situation.'The Preamble to the aforesaid Act says: -'An Act to provide for the expulsion of certain immigrants from Assam.'Section 2 of this Act lays down that if the Central Government is of opinion that any person or class of persons, having been ordinarily ... parties. They cannot be abandoned or surrendered. Nor can their exercise be hampered, when needed for the public good, by any considerations of private interest. The exercise of these public trusts is not the subject of barter or contract.'This principle was reiterated in Fong Yue Ting v. United States 149 U.S. 698, where the court ruled: -'The government of ... not a foreigner or is not a foreigner of such particular class or description, as the case may be, shall, notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872), lie upon such person.'This Act confers wide ranging powers to deal with all foreigners or with respect to any particular foreigner or any prescribed class or description of foreigner for prohibiting ...

Jan 29 2008

Kamaljeet Singh (In Judicial Custody) Vs. State

  • Decided on : 29-Jan-2008

Court : Delhi

Reported in : 148(2008)DLT170; 2008(101)DRJ582

... offences under the Indian Penal Code and other penal statutes providing for punishment of three years or more and in relation to such offences more than one charge-sheet may be filed. As we have indicated hereinbefore, only because a person cheats or commits a criminal breach of trust, more than once, ... where the language of an Act is clear, the Preamble cannot be invoked to curtail or restrict the scope of the enactment and only where the object or meaning of an enactment is not clear the Preamble may be resorted to explain it.31. Referring to the preamble of the Act, Ms. Gupta laid particular ... of Raj Kumar Rana and during call analysis it was found that 911 calls were made from mobile No. 9810224004 9810224004 to 9871047373 9871047373 during 1/1/05 to 20/4/05 and 13 calls were between the mobile No. 9810645454 9810645454 and 9871047373 9871047373 . As many as 475 incoming outgoing calls ... offences under the Indian Penal Code and other penal statutes providing for punishment of three years or more and in relation to such offences more than one charge-sheet may be filed. As we have indicated hereinbefore, only because a person cheats or commits a criminal breach of trust, more than once ... 23 of the MCOCA, which read as under:18. Certain confessions made to police officer to be taken into consideration. - (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police ...

Mar 11 1994

Kartar Singh Vs. State Of Punjab.

  • Decided on : 11-Mar-1994

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

... of the propriety in exercising the power under Article 226 by the High Court of the matters covered under the Act. In other respects I am in full agreement.373. The foundation of Indian political and social democracy, as envisioned in the preamble of the Constitution, rests on justice, equality, liberty, and fraternity in secular and socialist republic in which every individual has ... in those countries was admissible and, therefore, a time has come when this country should depart from what Sir James Fitz Stephen felt when Indian Evidence Act, 1872 was enacted and a policeman was not treated as worthy of trust. In support of giving power to higher police officers to record confession he stated : (Parliamentary Debates, p. 724)"Perhaps it is correct and ... supervision over his discharge of judicial functions and on its part is he insulated from executive influence overtly or covertly?416. In Liyanage v. Queenl40 the Criminal Law (Special Provisions) Act, 1 of 1962 made by the Parliament of Ceylon contained special procedure for nomination of special judges by the Minister of Justice to try certain offenders or class of offenses which ... 1 was added reading, "Provided so much of this Act as relates to terrorist acts shall not apply to the State of Jammu and Kashmir", this proviso was omitted by Act 46 of 1985. The provisions of this Act were made applicable to the State of Jammu and Kashmir w.e.f. June 5, 1985. The preamble of this Act read that the special provisions of this Act ...

Nov 19 1958

Basheshar Nath Vs. The Commissioner of Income-tax, Delhi & Rajasthan a ...

  • Decided on : 19-Nov-1958

Court : Supreme Court of India

Reported in : AIR1959SC149; [1959]35ITR190(SC); 1959Supp(1)SCC528; [1959]Supp1SCR528

... Indian Constitution, the conditions of the people for whose benefit and the purpose for which they were created, and the effect of the laws made in violation of those rights. The Constitution of India in its preamble ... 1) of the Act. (1) [1955] 1 S.C.R. 448. In Shree Meenakshi Mills Ltd., Madurai v. Sri A. V. Viswanatha Sastri (1), it was held that after the coming into force on July 17, 1954, of the Indian Income-tax (Amendment) Act, 1954, (33 of 1954) which operated on the same field as s. 5(1) of the Act, the provisions of s. 5 (1 ... Indian Income Tax Act. All those applications were disposed of by a common judgment reported as Shree Meenakshi Mills Ltd. v. Sri A. V. Visvanatha Sastri (1) This Court held that s. 34 of the Income Tax Act, as amended by the Indian Income Tax Amendment Act, 1954 (33 of 1954), operated on the same field as s. 5 (1) of the Investigation Act, and, therefore, s. 5 (1 ... 1) of the Act. It was held by the majority that s. 5 (1) was discriminatory and violative of the fundamental right guaranteed under Art. 14 of the Constitution, because s. 34 of the Indian Income-tax Act, 1922 as (1) [1955] 1 S.C. ... Indian Income Tax Amendment Act (33 of 1954) amending s. 34 of the Indian Income Tax Act, 1922. Paradoxical as it may seem, the result of this amendment was that persons who originally, fell only within the ambit of s. 5 (1) of the Investigation Act and formed a distinct class of substantial tax evaders also came within the amended s. 34 of the Indian Income Tax Act ...

Dec 14 1984

Bhai Mohan Singh Vs. Income-Tax Officer

  • Decided on : 14-Dec-1984

Court : Income Tax Appellate Tribunal (ITAT) - Delhi

Reported in : (1985)12ITD495(Delhi)

... Limitation Act as well as the Indian Contract Act, 1872. He submitted that to create an obligation in the nature of a trust, within the meaning of the Indian Trusts Act, it is not necessary that there should be a document. From the conduct of the parties, an obligation in the nature of a trust can be inferred and in fact Sections 80 to 94 envisaged such constructive trusts ... signed. (2) Where the writing containing the acknowledgement is undated, oral evidence may be given of the time when it was signed ; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.This clearly says that where, before the expiration of the prescribed period for a suit or application in ... ) Past history of the case demonstrated that it created an obligation in the nature of a trust within the meaning of Sections 80 to 94 of the Indian Trusts Act, 1882, and, consequently, the assessee has no beneficial interest in that amount except to hold it on the trust for the legal representatives of Bhai Sunder Das and, consequently, neither deposits nor the interest earned ... opinion, the Commissioner (Appeals) also is in error in holding that there is no constructive trust insofar as this money is concerned.Section 94 of the Indian Trusts Act, quoted by him, clearly applies to the facts of this case and the assessee does hold this money in the trust for the legal representatives of Bhai Sunder Das and there is no escape from that ...

Mar 02 1993

Ahmad Ali Akhtar and Anr. Vs. Union of India (UOI) and Anr.

  • Decided on : 02-Mar-1993

Court : Patna

... 1)(a) to (c) of the Constitution. This amendment was introduced in the year 1963 pursuant to the acceptance by the Government of an unanimous recommendation of the Committee on National Integration and Regionalism appointed by the National Integration Council. The Act impugned herein was enacted thereafter in the year 1967. The preamble of the Act ... -rule (2) follow as far of practicable, the rules of evidence laid down in the Indian Evidence Act, 1872 (I of 1872).(2) Notwithstanding anything contained in the Indian Evidence Act 1872 (1 of 1872), where any books of account or other documents have been produced before the Tribunal ... In re The Central Provinces and Berar States of Motor Spirit and Lubricants Taxation Act, 1938, 1939 FCR 18 : A.I.R. 1939 FC 1. Sir Maurice Gwayer proceeded to state:Only in the Indian Constitution Act can the particular problem arise which is now under consideration; and an ... .(i) Again in Manikkasundara Bhatter v. R.S. Nayudu 1946 FCR 67 : A.I.R. 1947 FC 1, the Federal Court observed (at p. 55):In the Indian Constitution Act, Section 104 has been inserted for the very purpose of enabling legislation to be enacted in respect ... Indian Evidence Act. Rules 10, 11, 12, 13 and 15 of the Rules confer power upon the Tribunal to issue summons for giving evidence or production of documents. One important aspect of the matter is that by virture of the proviso to Sub-section (1) of Section 5 of the Act, no person shall be appointed as a Tribunal under the said Act ...

Feb 19 1964

Bal Gopal Das Vs. Mohan Singh and Anr.

  • Decided on : 19-Feb-1964

Court : Allahabad

Reported in : AIR1964All504

... appears to have been done to ascertain and by its officers to apply the remedy.24. Section 3 of the Indian Evidence Act (No. 1 of 1872) defines 'Court' as including all judges and Magistrates and all persons except arbitrators legally authorised to take evidence. This ... In our judgment, it is also the correct solution.'The learned Judge then refers to the Preamble to the Civil Procedure Code, 1908, which indicates that it is an Act to consolidate and amend the law relating to the procedure of 'Courts of Civil Judicature', to ... 3 CivilProcedure Coda read with Preamble and Sub-section (4) of Section 2 Civil Procedure Code and Subsection (24) of Section 3 of the General ClausesAct.49. The preamble to the Civil Procedure Code indicates that it is an Act to consolidate and amend the ... Act (No. 1 of 1872) defines 'Court' as including all judges and Magistrates and all persons except arbitrators legally authorised to take evidence. This definition has, however, been held not to be ex-haustive, framed only for the purposes of the Evidence Act, and is not, therefore, to be extended where such an extension is not warranted.25. Sections 19 and 20 Indian ... Preamble, contains an indication oE the nature of Courts in respect of which the Legislature enacted the Code. The Preamble refers to Courts of Civil Judicature. Then, in Section 3 Civil Procedure Code, the hierarchy of Courts governed by the Code is mentioned. The question that is, therefore, to be seen is whether a tribunal under the Act ...

Jan 12 2005

Prakash Kumar @ Prakash Bhutto Vs. State of Gujarat

  • Decided on : 12-Jan-2005

Court : Supreme Court of India

Reported in : 2005(1)ALD(Cri)594; 2005CriLJ929; JT2005(11)SC209; (2005)2SCC409; 2005(1)LC446(SC)

... scheme of the Act, we may now examine rigours of Sections 15 and 12 of the Act.24. Section 15 deals with certain confessions made to police officers to be taken into consideration. It reads:-(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), ... incorporate them by appropriate amendments in the Act and the Rules.7. The 1985 Act received the assent of the President on 23rd May and came into force on 24th May, 1985. The preamble of this Act reads that the special provisions of this Act were made 'for the prevention of, ... to be tried under TADA are to achieve the meaningful purpose and object of the Act as reflected from the preamble as well as the statement of objects and reasons.39. The Act, as noticed above, is a special provision for special purpose. It is a departure from ... Act received the assent of the President on 23rd May and came into force on 24th May, 1985. The preamble of this Act reads that the special provisions of this Act were made 'for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto'.(emphasis supplied)8. The Statement of Objects and Reasons of the Act ... the offence is connected with such other offence. This section has been brought to the statute book in consonance with the preamble of the Act, which says, 'for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or incidental thereto.' ...

Mar 16 1983

Regional Director, Employees State Insurance Corporation Vs. Shashikan ...

  • Decided on : 16-Mar-1983

Court : Mumbai

Reported in : 1983(2)BomCR260

... Indian Limitation Act is not applicable to specified courts or Tribunals alone. Moreover, the new Indian Limitation Act was alive to the changed circumstances and causes due to developed litigation and advancement in the litigious field of life. That is evident from the change in the preamble to the new Limitation Act, 1963, which refers to not only suits, but also other proceedings, whereas the old Act ... are concerned in this appeal is Rule 26 which reads as follow :'26. Appearance of parties and consequences of non-appearance :--- (1) On the day fixed in the summons for the opposite party to appear and answer, the parties shall be in ... Civil Procedure, 1908 (V of 1908), including the Rules made thereunder, and the Indian Evidence Act, 1872 (1 of 1872), shall, so far as may be apply to proceedings under the Act.'By section 75(3) the jurisdiction of the Civil Court to decide or ... the intention of the parliament was to restrict the Limitation Act only to the Civil Courts, it would have certainly defined the 'Court' in the Limitation Act. The Parliament has brought out changes in the preamble and also to sections 5, 12, 14, 29 ... preamble to the new Limitation Act, 1963, which refers to not only suits, but also other proceedings, whereas the old Act contained the words 'for other purposes'. The term 'other proceedings' will, in our opinion, include and embrace proceedings under the special and the local laws. If the intention of the parliament was to restrict the Limitation Act ...

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