Dholi Tenure -- Alienable and inalienable - When - Dholi tenure is inalienable if `Dholi' is a grant or trust for religious purpose - If `Dholi' is a gift, restriction on alienability will not apply - Crucial test for determining whether `Dholi' tenure alienable or not will depend upon terms of `Dholi', expressed or implied...........
Trust -- Public or private - Relevant factors to be considered (i) Beneficiaries are ascertained individuals or public (ii) Grant/endowment in favour of individual or diety (iii) Temple is situated within campus of the residence of the donor or public visit the Temple as a right (iv) Revenue entries of land showing possession of an individual or diety (v) Management made..........
Indian Penal Code, 1860, Section 405 -- Criminal breath of trust - Ingredients - (a) a person should have been entrusted with property, or entrusted with dominion over property; (b) that person should dishonestly misappropriate or convert to his own use that property, or dishonestly use or dispose of that property or willfully suffer any other person to do so; (c) that..........
Limitation Act, 1963, Article 1 -- Suit on accounts - If money is given by way of loan and the suit is for realisation of the same, it is not a suit on accounts - It will be suit on accounts if the moneys have been paid to and accepted by the defendants as deposits to be held in trust for plaintiff...........
Constitution of India, 1950, Article 226, 227 -- Dispute between private parties - Lease agreement between Trust and Company - Cancelled - Writ of certiorari for quashing cancellation - Dispute between Trust & Company - Cannot be raised in extraordinary writ jurisdiction - Trust to approach Civil Courts...........
Indian Penal Code, 1860, Section 406, 420 -- Criminal breach of trust and cheating - Require mens rea - Cannot be committed by a juristic person...........
Punjab Town Improvement Trust Act, 1922, Section 59, Land Acquisition Act, 1894, Section 18 -- Uniform rate of compensation for land within municipal limits - Collector awarded compensation dividing entire in five blocks - Further categorisation of each block into levelled land and low lying area - Tribunal on reference divided land into three categories - Relying on its..........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Employee and his family members of Vishakapatnam Port Trust - Who are entitled to receive free-medical treatment as per their service conditions - Held to be consumer under the Consumer Protection Act...........
Civil Procedure Code, 1908, Section 92 -- Trust - memorandum of Articles of Association showed that plaintiff institution was incorporated and registered under Societies Registration Act - Fact that properties of institution were shown in name of President and Secretary with powers to sell them itself indicated that it was not trust - Suit u/s 92 is not maintainable...........
Civil Procedure Code, 1908, Section 92, 11 -- Trust - Order granting leave to file suit u/s 92 CPC - Does not operate as bar to take new plea as to maintainability of suit...........
