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...section 37 of the Indian Trust Act, has been rejected and permission for transfer of the property has been granted to the trustees.2. A perusal ...proceedings have been initiated under section 37 of the Indian Trust Act, for grant of permission by the court to permit trustees to transfer the trust property...following orders:—“In proceedings instituted by the trustees under section 37 of the Indian Trust Act, 1882, read with section 92 of the Civil Procedure Code...
..., it was a petition filed seeking permission to sell even the suit schedule property. It was a petition filed under Section 34 r/w Sections 36 and 37 of Indian Trust Act. This...publication, dated 10.03.1976 and Ex-A6 is the copy of the petition in Trust O.P.No.34 of 1992. On the side of the defendant, the defendant examined himself as DW-1 and examined another brother Ganesa Pandian...payment of money orders. Ex-A5 was the copy of paper publication, dated 10.03.1976, in a Tamil daily “Dinathanthi” and Ex-A6 was the copy of petition in Trust O.P.No.34 of 1992, wherein, the plaintiff...
...) is a Trust registered under the Indian Trust Act, 1882. Therefore, before selling its property, permission needs to be obtained from the court u/s 34 & 37 of Indian Trust ...invested a sum of Rs.2684000/- for purchase of another agricultural land from Shri Dwarkadhish Trust (a public trust registered under the Indian Trust Act 1882) vide an agreement to sell ...provisions of the Indian Trust Act. Therefore, on the crucial date i.e. 27.12.2007 there was no concluded contract either for purchase or sale. The AO also alleged that as on 27.12.2007, the assessee was not...
...survive. Six other persons are presently functioning as such. They have moved a petition under sections 34 and 37 of the Indian Trusts Act 1882. The trust now owns two immovable...visualise the extinction of a trust in certain eventualities. None of them are shown to exist, even assuming that that Act applies a point to which I will revert a little later. On this simple ground I...) Searching for the law on my own, has revealed other kpal aspects requiring consideration' Section 34 of the Indian Trusts Act 18S2 enables the trustees, on a petition moved...
...dismissing the petition filed by the revision petitioner under Sections 34 & 37 Indian Trust Act, seeking permission of the Court to sell the un-utilized property of the Trust describ...Trust Act is not strictly applicable to the Private Trust, nevertheless the principles of Section 34 of the Indian Trust Act, are made applicable to the Private Religious and Cha...got power to alienate the Trust properties. But however, it is always open to them file a petition under Section 34 of the Indian Trust Act, seeking necessary advise, direction in the matters...
...Thirupparankundram Arumuga Nainar Trust filed a petition under Sections 34, 37 and 38 of the Indian Trust Act, seeking permission to dispose of the suit properties ie., to sell the suit p...the facts and circumstances of the case and was set aside". It is evident from Section 37 of the Indian Trust Act, 1882, that the trustee is empowered to sell any trust property by public...private contract. For the better understanding, Section 37 of the Indian Trust Act, 1882, is extracted hereunder:-
"37.Power to sell in lots and either by public ...
...presently functioning as such. They have moved a petition under Sections 34 and 37 of the Indian Trusts Act, 1882. The trust now owns two immovable properties in Amritsar, the.... Sections 77, 78 and 79 of the Trusts Act visualise the extinction of a trust in certain eventualities. None of them are shown to exist, even assuming that that Act app...consideration. Section 34 of the Indian Trusts Act, 1882 enables the trustees, on a petition moved for the purpose, to obtain the ‘opinion, advice or a direction ‘of a Court’ on...
...testator died in Peshawar. None of the original trustees survive. Six other persons are presently functioning as such. They have moved a petition under sections 34 and 37 of the Indian Trusts ...extinction of a trust in certain eventualities. None of them are shown to exist, even assuming that that Act applies a point to which I will revert a little later. On this simple ground I would be bound to...law on my own, has revealed other legal aspects requiring consideration. Section 34 of the Indian Trusts Act 1882 enables the trustees, on a petition moved for the purpose...
...Counsel for the respondents/plaintiff, there is no reference about the partnership firm.
19. At this juncture, this Court would like to rely upon to Section 37 of The Indian Partnership ...view of Section 37 of the Partnership Act, the existing partners namely defendants 1 and 2 are holding the profit of the deceased partner as a trustee of the representatives of the deceas...:-
"Section 37 of The Indian Partnership Act
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37. ...
...:--
"This respondent No. 3 has no objection to the sale of entire jewellery of Schedule I of the Wedding Gift Jewellery Trust of H.E.H, The Nizam...34 of the Indian Trusts Act, 1882 authorising or enabling the Trustees (i) to sell the articles of jewellery specified in the 1st and 2nd schedules to the Deed of Trust to the respective...Section 34 of the Trusts Act, 1882 for advice or directions in respect of the management or administra-
tion of th...
.... If one has to accept AAR's contention that the word trust can only be an Indian Trust for the purposes of the Act it has to be based on some statutory provisions which is not the case.
...made by the Trust in Indian Companies (Portfolio companies) be chargeable to income-tax in the hands of ADIA as per Section 61 of the Act or be chargeable to income-tax in the hands of any other...trust properties can be assessed in the hands of the trustee.
26. Shri Pardiwalla also submitted that if the act was to extend to only Indian Trust, it would have...
...trust deed and I find that sufficient authority was given to the trustee, under the terms of the trust deed, to sell the trust properties and realise the sale proceeds. Section 37 ...Income-tax Act, under which a direct assessment against each of the beneficiaries under the trust is possible, comes into play only after the income under each of the heads of income was...were considering the analogous position in the Indian Income- tax Act, 1922, analogous to section 47(iii) of the Income-tax Act, 1961 in that decision. Having regard to all...
...on the basis of void abinition sale deed which had been got registered by playing fraud and contrary to the provisions of Indian trust act applicable to private trust and t...Indian Trust Act and at this stage the hobble [sic: hon"ble] court was of an...invest the sale proceeds in her hands in any of the securities and investments authorised by the Indian Trusts Act or in the purchase of immovable property in Delhi, Bombay or elsewhere...
...'the Institute & Library', this is the public interest and there is no question of any digression from the objectives of the trust.
10. Indian Trust Act i...clearly the exercise of power of
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acquisition, which does not even incidentally trench upon the Indian Trust ...a private trust cannot be assumed to be one statutorily created under the Indian Trust Act but all the same the creation and functioning, would be regulated by the law as codified under the enactment. We also have ...
...of the Trust Deed Annexure P/2 (clauses 3, 5, 9, 12, 14, 15 and 17) and provisions of the Indian Trust Act (sections 3, 36, 37 and 38), which has been made appl...14 of the Madhya Pradesh Public Trusts Act, that the said Act applies to the Khasgi Trust and that the impugned order is within powers vested in the Collector and the Registrar under the...Madhya Pradesh Public Trusts Act.
6. The genesis of the Khasgi Trust, which emerges from some documents on...
...permission to establish a new medical college in accordance with the provisions of Section 10-A of the Indian Medical Council Act, 1956 without insisting upon the Trust to comply with conditions regarding...Act, 1987 (Act No. 37 of 1987) which is now renamed as Dr M.G.R Medical University, Tamil Nadu Act (hereinafter referred to as ‘the Medical University Act’) whereby Tamil Nadu Medical University...subsequently replaced by the Indian Medical Council (Amendment) Act, 1993 (Central Act No. 31 of 1993) (hereinafter referred to as ‘the Central Act’) which was brought into force with effect from 27-8-1992...
.... The present petition has been filed under section 34 of the Indian Trust Act. The District court ordered the petition as prayed for and granted permission to the respondent to dispose ...Advocate General, the suit is not maintainable inasmuch as section 92 C.P.C, will not apply to this trust which is religious and charitable endowment as defined in Act 10 of...the suit is barred under section 108 of Endowment Act. Soon after the execution of will appointing trustees, the trustees entered into possession and took charge of the trust and carried on the duties...
...execution of the Trust had become impracticable. It was held that the plaintiff was not entitled to rely on Section 59 of the Indian Trusts Act to institute a suit in her...Section 59 of the Indian Trusts Act, 1882 to contend that there was non-compliance of the said provision in the instant case and the second plaintiff being the beneficiary of...property. He further submits that the contentions regarding non-compliance with the provisions of the Trusts Act and the clauses of the Trust Deeft are technical in nature which in no way can support the...
...as trustee and the property cestui que trust. In N. Suryanarayan Iyer's Indian Trust Act (3rd edn., 1987 at page 275) in Section 37 it is stated that, “where the trustee is empowered to sell any ...reasonableness as an ordinary prudent businessman/trustee/owner acting in or dealing with such trust. Thus the sale of the property is vitiated by unjust and unreasonable act on the part of the...constituted the Corporation under Section 3 of the State Financial Corporations Act, 1951, Act 63 of 1951, for short, ‘the Act’ which came into force from October 31, 1951. To promote industrialisation in...
...in the case of a Wakf, property is inalienable whereas in the case of a Trust, a trustee is free to alienate the trust property. Though the Trust Act is not applicable in the case of a pu...or not, and either together or in lots, by public auction or private contract, and either at one time or at several times, unless the instrument of trust otherwise directs.”158. A perusal ...final.(3) 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)...