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1 - 10 of 21 (0.21 seconds)Section 92 in The Indian Trusts Act, 1882 [Entire Act]
Section 92 in The Code of Civil Procedure, 1908 [Entire Act]
The Indian Trusts Act, 1882
Section 7 in The Charitable and Religious Trusts Act, 1920 [Entire Act]
Swami Dayanandha Saraswathi Memorial ... vs Sri Ramachandra Educational Trust on 26 May, 2020
18. We therefore, with due respect, conclude that the view of the
Hon'ble Mr.Justice V.Parthiban to the effect that an application under Section
92(1)(f) at the instance of the Trusts or the Trustees is not maintainable
cannot be sustained. No doubt, Section 7 of the Charitable and Religious
Trusts Act, 1920 could also be invoked, but, the said provision would also
suffer the same deficiency as Section 34 as pointed out by Hon'ble Mr.Justice
K.Sampath and the Hon'ble Mr.Justice Senthilkumar Ramamoorthy in
A.Changiah and others reported in 1997-3-LW-537 and Swami
Dayanandha Saraswathi Memorial Trust Vs. Sri Ramachandra
Educational Trust reported in MANU/TN//3161/2020.
Section 19 in The Indian Trusts Act, 1882 [Entire Act]
The Code of Civil Procedure, 1908
Trustees Of Heh Nizams Pilgrimage Money ... vs The Commissioner Of Income Tax, Andhra ... on 20 April, 2000
In Swami Dayanadha Saraswathi Memorial Trust Vs. Sri
Ramachandra Educational Trust referred to supra, the Hon'ble Mr.Justice
Senthilkumar Ramamoorthy after referring to the judgments of the Hon'ble
Supreme Court in Sheik Abdul Kayum Vs. Mulla Alibhai reported in AIR
1963 SC 309 and Trustees of HEH The Nizam's Pilgrimage Money Trust,
Hyderabad Vs. Commissioner of Income Tax, A.P., Hyderabad reported in
(2000) 4 SCC 179 referred to supra held that the power under Section 34 is
intended to deal with the question that are capable of proceeding with any
summary proceedings and not questions of detail, difficulty or importance.
The learned Judge ruled out the applicability of Section 34 to proceedings
which are more complex in nature. We are in entire agreement with the view
14/19
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O.P.Nos.