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privity or relation was
established on the ground of contract, trust or fraud, but in no
case of which ... note that this
claim is based not on any contract, trust or fraud, or any
circumstance giving rise to privity
Bombay High Court
Trust after having received the amount from the
transferee Hooghly Mills, in view of Section 41 of the Contract ... Sadguru SMVS Trust v.
V.R. Rudani . He had also explained that Section 41 of
the Contract
Calcutta High Court
unauthorised
contracts and hence it was provided that the contracts trust
show on their face that they were made ... time
but was unable fully to perform the contracts within, the
period stipulated. Between July.), 20, 1943 and August
Supreme Court of India
obligation under an ordinary legal
contract just as much as a trust of land} 1In India equit-
able estates ... cannot act. The trust cannot function. To permit_ there-
fore, a person incompetent to contract to be a trustee would
Law Commission Report
reconsideration of the entire situation the Port Trust
awarded the contract in favour of the appellant. The Port
Trust also ... hand submitted that the ultimate
decision of the Trust awarding the contract in favour of the
appellant neither
Supreme Court of India
author of the trust if he be alive
and competent to contract, or the surviving or
continuing trustees or trustee ... shown to be exiting in relation
to the trust and not the trust property. Our attention in this
behalf
Supreme Court of India
consists of two things; it
is a personal Contract for a Debt, secured by an Estate, and, in
Equity ... legal Estate for the benefit of the Cestui que
Trust, the Mortgagor.
14. I next turn to a modern text
Bombay High Court
Section 171 of the Indian Contract Act.
(c) The right of the Port Trust flows only from the
provisions ... Section 45 of the Indian Contract Act, 1872 in case of Port
Trust security payment would be made to joint
Supreme Court of India
contract and intotort". at page 9, it
is stated under the heading "breach of trust and other
equitable obligations"that ... essential toclassify the plaintiff's claim as tort,
contract, trust etc., will becomparatively small. A cause
of action in modern
Supreme Court of India
intended and utilized for the benefit of the
trust the only contract between him and the lender was contained ... obligation had been imposed on the trust funds
either by contract or by deed of charge. They do not, however
Madras High Court
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