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Search Results Judgments > Phrase:indian trusts act Preamble 1

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

... 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 held that the provisions of Indian Trusts Act, 1882 are not applicable to the public trusts and are applicable to the private trusts ... preamble and contents of the 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 ... 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 was enacted by the Parliament to define and amend the law relating to private Trusts ...

May 01 1962

Laxman Balwant Bhopatkar (Since deceased) by another Trustee Dr. Dhana ...

  • Decided on : 01-May-1962

Court : Supreme Court of India

Reported in : AIR1962SC1589; (1963)65BOMLR349; [1963]2SCR625

... 1)(b) & (c) of the Constitution, and the question raised for consideration is whether the 'Kesari & Mahratta Trust' of which the appellants are Trustees was or was not a 'public Trust' within the meaning of the Bombay Public Trust Act (Act XXIX of 1950) which it will be convenient to refer to as the Act. 2. The act ... Indian Act must be construed on its actual words and is not to be governed by English decisions on the topic. The English decisions on the law of charities are not based on definite and precise statutory provisions. They have been developed in the course of more than three centuries by the Chancery Courts. The Act of 43 Elizabeth (1601) contained in a preamble ... Trust Act (Act XXIX of 1950) which it will be convenient to refer to as the Act. 2. The act which by its long title was enacted 'to regulate and to make better provision for the administration of public, religions and charitable Trusts in the State of Bombay' came into force on August 14, 1950. Section 18 of the Act enacted : '18. (1 ... 1. This is an appeal on a certificate of fitness granted by the High Court of Bombay under Art. 133(1)(b) & (c) of the Constitution, and the question raised for consideration is whether the 'Kesari & Mahratta Trust' of which the appellants are Trustees was or was not a 'public Trust' within the meaning of the Bombay Public Trust Act (Act ...

Apr 24 1973

Kesavananda Bharati Sripadagalvaru and Ors.Vs. State of Kerala and Anr ...

  • Decided on : 24-Apr-1973

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

... of the Preamble to the Constitution. There is, indeed, no reference to the Indian Independence Act in the Constitution except about its repeal in Article 395 of the Constitution.1542. Apart from the above, I find that all that Sub-section (6) of Section 6 of the Indian Independence Act provided for was that the power referred to in Sub-section (1) would ... be unConstitutional legislation for securing humane conditions of work, for protecting the employment of women and children, for safeguarding the interests of consumers, and for controlling the powers of trusts and corporations. This past history explains why natural rights have been regarded in some quarters with suspicion and why writers affirming the supremacy of a higher law over ... Indian Constitution Statute and the Constitution of India. He urges as follows:This Constitution is the Constitution which follows the Preamble. It starts with Article 1 and ended originally with the Eighth Schedule and now ends with the Ninth Schedule after the First Amendment Act, 1951. The way the Preamble is drafted leaves no doubt that what follows, or is annexed to, the Preamble ... Section 6 of the Indian Independence Act. On the contrary, the members of the Constituent Assembly framed and adopted the Constitution as the representatives of the people and on behalf of the people of India. This is clear from the opening and concluding words of the Preamble to the Constitution. There is, indeed, no reference to the Indian Independence Act in the ...

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 ... 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 ... 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 public charitable trusts ...

Jul 27 1966

Zoolfiqar Ali Currimbhoy Ebrahim Vs. The Official Trustee of Maharasht ...

  • Decided on : 27-Jul-1966

Court : Mumbai

Reported in : (1967)69BOMLR326; 1967MhLJ694

... trust as suggested by Mr. Peerbhoy because such a trust could be made only by a registered instrument (Section 5 of the Indian Trusts Act) and would also have been invalid if made in favour of unborn persons. The passage from Scott on Trusts ... trust properties, which were intended to support the dignity of the title, behind in India, Obviously the very purposes for which the Baronetcy Act had intended the trust properties to be used were thereby frustrated. The Act recites these circumstances in the eighth and ninth paragraphs of the preamble and it is with specific reference to this fact that the provisions of Section 1 ... trust could be made only by a registered instrument (Section 5 of the Indian Trusts Act) and would also have been invalid if made in favour of unborn persons. The passage from Scott on Trusts quoted above does not help Mr. Peerbhoy's clients because, in the first place, the First Baronet was not the author of the trust ... ordinary legal language as 'resulting trusts' is stated in Section 83 of the Indian Trusts Act' and it was urged that that is the authority for the view that the English doctrines of a resulting trust and a contrary ... Indian Trusts Act. The principal argument in this respect was advanced by Mr. Bhabha supported by Mr. Pandya and Mr. M.M. Zaveri. The argument is that either Section 83 or Section 94 applies to this ease and that, therefore, the Legislature having crystallised the doctrine of resulting trust or an intention contrary to a resulting trust ...

Aug 17 1987

Chief Controlling Revenue Authority Vs. Manager, State Bank of Mysore ...

  • Decided on : 17-Aug-1987

Court : Karnataka

Reported in : AIR1988Kant1; [1988]64CompCas167(Kar); ILR1987KAR2919; 1987(3)KarLJ458

... trust property or properties which is required to be applied, used or enforced for the benefit of the UTI and, therefore, it is a trust within the meaning of that term as defined in the Indian Trusts Act.30. The definition of 'trust' is to be found in Section 3 of the said Act and it is as follows :'3. A 'trust ... trust; it describes itself as the debenture-trustees. It refers to the trust being in favour of and for the benefit of holders for the time being of the mortgage debentures in two series totalling in value in the sura of Rs. 125 lakhs by private placement with the UTI issued by the NGEF.16. In the preamble portion (paras 1 ... it with reference to the provisions of the Companies Act, 1956, the Indian Trusts Act, 1882, and the Act.15. The bank is the sole author of the trust; it describes itself as the debenture-trustees. It refers to the trust being in favour of and for the benefit ... of trust nor opposed to any provision of the Indian Trusts Act. It is but legitimate that the trustee has to defray expenses incurred by it or him or her or them while discharging its, his or her or their obligations under the provisions of the trust. In Hodgson ... trust concerning any property when made by any writing (not being a will) subject to a maximum of Rs. 90 and, therefore, there should be an adjudication accordingly. But the Chief Controlling Revenue Authority had many doubts such as that the instrument had only some characteristics of a trust as defined under the Indian Trusts Act ...

Mar 22 2002

Delhi Stock Exchange and Anr. Vs. K.C. Sharma and Ors.

  • Decided on : 22-Mar-2002

Court : Delhi

Reported in : 2002VIIAD(Delhi)432; 98(2002)DLT234

... 12 of the Constitution.'28. Following are some of the important Sections of SEBI Act which support the assertion that Central Government has deep and all pervasive close control on the functioning of all RSEs (Recognized Stock Exchanges):(1) Preamble of the SEBI Act which inter alias reads, 'An Act to provide for the establishment of a Board to protect the interest of investors in ... way or the other, to a large extent would depend upon the dealings of the Stock Exchange.32. The concept that all public sector undertakings incorporated under the Indian Companies Act or Societies Registration Act for being State must be financed by the Central Government and under the deep and pervasive control thereof has undergone a sea change. The thrust, in our ... of jurisdiction in not considering one of the fundamental contentions as was pressed that being a case of loss of confidence and the employee having the post of trust?13. Re: Question No. 1 Article 12 of the Constitution of India reads thus:'In this part unless the context otherwise requires 'the State' includes the Government and Parliament of India and ... functioning of all RSEs (Recognized Stock Exchanges):(1) Preamble of the SEBI Act which inter alias reads, 'An Act to provide for the establishment of a Board to protect the interest of investors in securities and to promote the development of, and to regulate the securities market and for matters connected therewith or incidental thereto'.(2) Section 11(1), which cast a duty upon ...

Apr 16 1987

K. Anbazhagan and Ors. Vs. The Secretary,

  • Decided on : 16-Apr-1987

Court : Chennai

Reported in : AIR1988Mad275

... a member. 1 Story const. S. 838. Reference is there made to the case of William Blount, who was expelled from the Senate in July, 1797, for a high misdemeanor entirely inconsistent with his public trust and duty as a senator'. The offence charged against him, said Mr. Justice Story, was an attempt to reduce an American agent among the Indians from his ... . may be pointed out at the outset that the facts stated in the resolution are not at all in dispute. The resolution of expulsion in its preamble refers to three facts. These facts are: (1) the Executive Committee of the Dravida Munnetra Kazhagam had resolved in its meeting on 9th November, 1986 that the portion of part XVII of the Constitution of ... , bankruptcy, treason, corrupt practices at elections, and conviction for certain crimes. Under the heading other crimes' in Chapter III, it is pointed out that the statutory disqualification which the Forfeiture Act, 1870 imposes on any person convicted of treason previously extended to any person convicted of felony and sentenced to death, preventive detention or corrective training or any term, of imprisonment ... in July, 1797, for a high misdemeanor entirely inconsistent with his public trust and duty as a senator'. The offence charged against him, said Mr. Justice Story, was an attempt to reduce an American agent among the Indians from his duty, and to alienate the affections and confidence of the Indians from the public authorities of the United States, and a negotiation for ...

Apr 12 1988

Special Secretary, Land and Land and Revenue and Reforms and Land and ...

  • Decided on : 12-Apr-1988

Court : Kolkata

Reported in : AIR1989Cal40

... [1958]33ITR472(SC) theSupreme Court held as follows : --'Whatever be the position in English Law,the Indian Trusts Act, 1882 (11 of 1882) isclear and categoric oh this point. Section 3of that Act defines a trust as an obligationannexed to the ownership of property, andarising out of a confidence reposed in ... R. H. Prince Earnest Augustus of Hanover, (1957) 1 All ER 49, it was held that where there was clear indicating words, they should be given their natural meaning and it should not be restricted either (a) by the Preamble (b) by any absurdity or inconvenience of the ... Indian Law does not recognize. legal and equitable estates : Tagore v. Tagore, 1872 9 Beng LR 377; Webb v. Macpherson,ILR (1904) 31 Cal 57. By that law,therefore, there can be but one 'owner' andwhere the property is vested in a trustee the'owner' must, their Lordships think, be thetrustee. This is the view embodied in theIndian Trusts Act ... Trusts Act 1882 : See Ss. 3,55,56, etc.The Act was only extended to Bengal in 1913,and it has been assumed at the Bar that itwould accordingly have no application to thepresent case. Their Lordships are not satisfiedthat this is necessarily correct, having regardto the saving clause at the end of Section 1 ... right to sell the trust property unless the deed of trust confers such a power. There is no such express power conferred by the Act upon the trustee. The limitation imposed by Section 36, Trusts Act on the power of a trustee to lease the trust property is suggestive of ...

Jul 15 1915

Jitendra Nath Palit Vs. Lokendra Nath Palit and Ors.

  • Decided on : 15-Jul-1915

Court : Kolkata

Reported in : 34Ind.Cas.657

... Act. The plaintiff's contention further is that allowing the Regulations to be eliminated from consideration, it would be ultra vires of the University even under the Acts alone to undertake the trusts in terms of the indentures. This contention leads me to consider the Acts first. From the preamble to Act ... equipment, (d) that the Government Body should consist of (1) the Vice-Chancellor of the University as ex-officio President, (2) the Director of Public Instruction of Bengal (who by the provisions of Clause 5 of the Indian Universities Act, Act VIII of l904, is ex-officio a Fellow of the University ... charitable trust for the purposes of education.64. I now propose to examine what exactly are the powers of the University under the two Acts, namely, Act II of 1857 and the Indian Universities Act, 1904, so far as concerns the purposes of this suit.65. Under clause II of the Act of ... filled by Indians-a provision which, in my opinion, must be read in the light of the general words at the end of clause III of Act VIII of 1904, that is to say, if, in the opinion of the University, the acceptance of the Palit endowment or trust tended ... preamble to Act II, was for the purpose of ascertaining, by means of examination, the persons who have acquired proficiency in different branches of Literature, Science and Art, and of rewarding them by Academical Degrees as evidence of their respective attainments and marks of honour proportioned thereunto.' The persons mentioned in Section 1 of that Act ...

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