Court : Mumbai
Reported in : 2010(1)BomCR294
..... 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 ..... direct decision on the subject. it is in this factual and legal background, we answer the question about applicability of provisions of sections 47 and 48 of the indian trusts act, 1882 to the public trusts in negative.15. so far as the second question referred to the full bench by justice a. b. chaudhari is concerned, we propose to consider the provision ..... the backdrop of this legal position, there was no occasion for the learned single judges to refer the question about applicability of provisions of sections 47 and 48 of the indian trusts act, 1882 to the full bench. the relevant observations of the apex court in para (15) of its judgment in chandramohan pandurang kajbaje v. state of maharashtra and ors. 2008 (2 ..... stage of the judgment.the learned counsel for the appellants and petitioner are claiming that so far as applicability of provisions of sections 47 and 48 of the indian trusts act, 1882 to the public trusts is concerned, it is no more res integra and is already concluded by the decisions of the apex court and division bench of this court whereas the learned .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2008SC2328; JT2008(5)SC557; 2008(6)KarLJ1; 2008(3)KLT265(SC); (2008)5MLJ406(SC); 2008(6)SCALE554; (2008)5SCC124; 2008AIRSCW3833
..... mortgagees obtained the grant in their favour by making an incorrect representation to the government that they were permanent mirashi tenants although they were only mortgagees. section 90 of the indian trusts act, 1882 clearly casts an obligation on a mortgagee to hold the rights acquired by him in the mortgaged property for the benefit of the mortgagor in such circumstances as the mortgagee ..... has to hold the advantage so derived by him for the benefit of the mortgagor. we are of the view that all the conditions mentioned in section 90 of the indian trusts act, 1882 are satisfied in this case. the mortgagees i.e. dnyanu, the father of defendant 1 and ananda the second defendant could each get one-fourth share in the total extent ..... other valid ground. this flows from the legal principle which is applicable to all mortgages, namely 'once a mortgage, always a mortgage....9. an analysis of section 90 of the indian trusts act, 1882 set out above shows that if a mortgagee by availing himself of his position as a mortgagee gains an advantage which would be in derogation of the right of a ..... for sale in enforcement of the mortgage, and he may institute such suit notwithstanding anything contained in order ii, rule 2.it is useful to refer section 90 of the indian trusts act, 1882 which reads as under:section 90 - advantage gained by qualified owner.- where a tenant for life, co-owner, mortgagee or other qualified owner of any property, by availing himself of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 139ITR517(AP)
..... . 9. the points raised by the learned counsel for the revenue are with regard to the validity of the trust. sections 5 and 6 of the indian trusts act, 1882, which deal with the creation of a valid trust, read as under .. '5. trust of immovable property.--no trust in relation to immovable property is valid unless declared by a non-testamentary instrument in writing signed by the ..... for the assessee also referred to an extract from the corpus juris secundum (vol. 89, chapter 45, pp. 788 to 791) which is given in o.p. aggarwala's the indian trusts act, 1882 (7th edition) (vide pages 221 and 222) which runs thus : 'the rule of certainty in the material terms of a declaration of ..... learned counsel for the assessee in o.p. aggarwala's the indian trusts act, 1882, 7th edn., at p. 239, which runs thus : '12. trust does not fail for want of trustee: no trustee named. provided that a trust is clearly intended, the mere omission to appoint a trustee will not invalidate the trust. a trust is not affected by the fact that no trustee is named, or ..... author of the trust or the trustee and registered, or by the will of the author of the trust or of the trustee .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : (1983)35CTR(MP)31; 144ITR808(MP)
..... by the order passed by the cit (appeals), the assessee as well as the department preferred appeals before the tribunal, the tribunal held that under section 58 of the indian trusts act, 1882, when property was transferred or bequeathed for the benefit of a married woman, she had no power to deprive herself of her beneficial interest. the tribunal further held that the ..... 8 and9 of the indian trusts act, 1882, were applicable in the case of the asses-see-trust (5) whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in confirming the finding of the cit(a ..... of the instrument of settlement made on december 18, 1973, and 30th march, 1974, the appellate tribunal was justified in holding that the assessee-trust was not extinguished within the meaning of section 77 of the indian trusts act, 1882?(3) whether, on 'the facts and circumstances of the case, the appellate tribunal was justified in relying upon the provisions of section 9 of ..... the indian trusts act, 1882, and holding that smt. usha devi could not transfer her interest in princess usha trust ?(4) whether, on the facts and circumstances of the case, the appellate tribunal was justified in holding that the provisions of sections .....Tag this Judgment!
Court : Mumbai
Reported in : 120CompCas681(Bom); 53SCL469(Bom)
..... observations in para. 18 of the judgment under appeal.21. be that as it may, the appropriate course, to my mind, is to straightaway refer to section 88 of the indian trusts act, 1882. the same reads thus :'88. advantage gained by fiduciary.--where a trustee, executor, partner, agent, director of a company, legal adviser, or other person bound in a fiduciary character ..... before delivery of the judgment. besides, there is also substance in the grievance of the puri group that the board has not amplified the purport of section 88 of the indian trusts act, 1882, and discarded the decisions cited in respect of that provision, on the specious reasoning that those decisions were cases of partnership coming to an end and no fiduciary liability ..... puri group before me that it was specifically contended before the board that the law on this aspect can be spelt out from the provisions of section 88 of the indian trusts act, 1882. however, even though the board, adverted to that contention, it has not amplified the same in the judgment under appeal, but proceeded to decide the issue on the basis ..... fiduciary duties to ssco or ssts in the manner concluded by the company law board. the expression 'fiduciary duty' or 'fiduciary character' is not defined either in the companies act or the indian trusts act. the meaning ascribed in the relevant provisions can, however, be discerned from the meaning provided to expression 'fiduciary' in the black's law dictionary, which reads thus :'fiduciary. .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1990KAR893; 1988(3)KarLJ377
..... common questions referred for our consideration are as follow : '(i) whether under the trust deed dated october 4, 1945, the assessee had the power to relinquish her beneficial interest in the trust properties during covertures (ii) whether there was a valid relinquishment of her interest under the indian trusts act, 1882, by execution of the release deed dated august 23, 1969, by the assessee ( ..... iii) whether the tribunal was right in holding that the income from the trust funds was not assessable in the hands of the assessee after august 23, 1969 (iv) whether the ..... in cit v. smt. kasturbai walchand trust : 51itr255(bom) , as also section 9 of the indian rusts act, 1882, that by virtue of the principle of acceleration, vijay kirloskar had become he beneficiary with effect from august 23, 1969. the income-tax officer referred to the contention based on section 9 of he indian trusts act and held that a disclaimer under section ..... 9 of the aforesaid act could be made only by a proposed .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(1)ALD67; 2002(2)ALT534
..... hereinbefore, clearly envisages that the board is also empowered to make an inquiry if it has reason to believe that any property of any trust or society registered in pursuance of the indian trust act, 1882 or under the societies registration act, 1860 is wakf property and upon such enquiry if it has satisfied that it is a wakf property, it may call upon the ..... ) where the board has any reason to believe that any property of any trust or society registered in pursuance of the indian trusts act, 1882 (2 of 1882) or under the societies registration act, 1860 (21 of 1860) or under any other act, is wakf property, the board may notwithstanding anything contained in such act, hold an inquiry in regard to such property and if after such inquiry ..... the board is satisfied that such property is wakf properly, call upon the trust or society, as ..... trust or society either to register such property under the act as wakf property or show cause why such property should not be so registered. the orders .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2004KAR1492; 2004(2)KarLJ553
..... of 1st defendant cannot bind the trustees and based on such documents no court can grant a decree for specific performance against the trust in utter violation of the terms and conditions of the trust deed--ex. d. 2 and indian trust act, 1882.24. as pointed out earlier, during the course of argument, the learned counsel appearing for the appellant in r.s.a. no ..... . 840 of 1999 has raised one more substantial question of law in regard to property and right of a de facto guardian to alienate the minor's property. according to him, the trust was created for ..... a judgment of the supreme court in janakirama iyer and ors. v. p.m. nilakanta iyer and ors., : air1962sc633 head note (d):'(d) trust act (1882), sections 48 and 34 -- co-trustees -- joint execution -- trust 'otherwise provides' -- co-trustees -- discretion in trust deed to trustees to act according to unanimous or majority decisions -- construction--clause held did not provide for exception to section 48 -- conveyance of ..... present case as there cannot be any estoppel against a statute when the trust act provides how a trust property has to be dealt by the trustees. even if palegar as secretary of the trust has agreed to sell the property of the 1st defendant-trust, i am of the opinion that the act of palegar cannot bind the trustees who are not parties to the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(2)ALD175; 1999(2)ALT79
..... shall take place on terms settled between the parties. it does not, of itself create any interest in or charge on such property, (emphasis is ours) section 91 of the indian trusts act, 1882 reads:'property acquired with notice ot existing contract - where a person acquires property with notice that another person has entered into an existing contract affecting that property, of which specific ..... the said view was approved.10. it is apt to extract the provisions contained under sections 40 and 54 of the transfer of property act as also section 91 of the indian trusts act, 1882. section 40 of the transfer of property act reads:'burden of obligation imposing restriction on use of land -- where, for the more beneficial enjoyment of his own immovable property, a third ..... assail the findings of fact. on the basis of the findings of fact, he has raised the legal contentions centering round the provisions contained in the transfer of property act as also indian trusts act mentioned above.3. the brief facts leading to hearing of the second appeal are thus stated:the parties are referred to as arrayed in the original suit. defendant ..... in the property, but which obligation may be enforced against a transferee with notice ofthe contract or a gratuitous transferee of the property.' the effect of the provisions of the indian trust act was also considered by the supreme court in the said case.9. mr. m. adinarayana raju, the learned counsel for the 3rd respondent-plaintiff has heavily relied upon the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1969SC823; 3SCR92
..... beneficiaries by a deed inter vivos. had the learned judge jurisdiction to entertain those pleas ?19. reliance was placed on s. 34 of the indian trusts act, 1882 as conferring power on the judge to make the order in question. that section reads: 'any trustee may, without instituting a suit, applyby petition ..... between the parties. therefore the fact that ramfry, j. had jurisdiction to pass certain orders either under the indian trust act, 1882 or under the official trustees act, 1913 or under thetrustees and mortgages powers act, 1866 or under his inherent power is not conclusive of the matter. what is relevant is whether he ..... from the averments made in the application, it is clear that relief was sought under the provisions of the indian trusts act (central act 2 of 1882) and the official trustees act (central act 2 of 1913). in the body of the petition the settlor definitely prayed for permission to revoke the clause in ..... court has been prohibited from granting any other relief. the jurisdiction of the court is circumscribed by the provisions of section 34 of the trusts act. the court had no jurisdiction to pronounce on the pleas put forward by the settlor. from the facts stated in the petition and from ..... the trust deed relating to his power to vary the quantum of interest of the beneficiaries by will alone and in .....Tag this Judgment!