August 27, 2024

Section 10 – Charitable And Religious Trusts Act, 1920

Power of Courts as to costs in certain suits against trustees of charitable and religious trusts (1) In any suit instituted under section l4 of the Religious Endowments Act, 1863,  (20 of 1863) or  under section 92 of the Code of Civil Procedure, 1908 (5 of 1908), the Court trying such suit may, if, on application of the plaintiff and after hearing the defendant and making such inquiry as it thinks fit, it is satisfied that such an order is necessary in the public interest, direct the defendant either to furnish security for any expenditure incurred or likely to be incurred by the plaintiff in instituting and maintaining such suit, or to deposit from any money in his hands as trustee of the trust to which the suit relates such sum as such Court considers sufficient to meet such expenditure in whole or in part. (2) When any money has been deposited in accordance with an order made under sub-section (1), the Court may make over to the plaintiff the whole or any part of such sum for the conduct of the suit. Before making over any sum to the plaintiff, the Court shall take security from the plaintiff for the refund of the same in the event of such refund being subsequently ordered by the Court.  

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Section 9 – Charitable And Religious Trusts Act, 1920

Savings No petition under the foregoing provisions of this Act in relation to any trust shall be entertained in any of the following circumstances, namely:- (a ) if a suit instituted in accordance with the provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908), is pending in respect of the trust in question; (b ) If the trust property is vested in the Treasurer of Charitable Endowments, the Administrator-General, the Official Trustee, or any Society registered under the Societies Registration Act, 1860 (21 of 1860); or (c ) if a scheme for the administration of the trust property has been settled or approved by any Court of competent jurisdiction, or by any other authority acting under the provisions of any enactment.

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Section 8 – Charitable And Religious Trusts Act, 1920

Costs of petition under this Act. The costs, charges and expenses of and incidental to any petition, and all proceedings in connection therewith, under the foregoing provisions of this Act, shall be in the discretion of the Court, which may direct the whole or any part of any such costs, charges and expenses to be met from the property or income of the trust in respect of which the petition is made, or to be borne and paid in such manner and by such persons as it thinks fit: Provided that no such order shall be made against any person (other than the petitioner) who has not received notification of the petition and had a reasonable opportunity of being heard thereon.

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Section 7 – Charitable And Religious Trusts Act, 1920

Powers of trustee to apply for directions (1) Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate, for the opinion, advise or direction of the Court on any question affecting the management or administration of the trust property, and the Court shall give its opinion, advice or direction, as the case may be, thereon: Provided that the Court shall not be bound to give such opinion, advice or direction on any question which it considers to be a question not proper for summary disposal. (2) The Court on a petition under sub-section (1), may either give its opinion, advice or direction thereon forthwith, or fix a date for the hearing of the petition, and may direct a copy thereof, together with notice of the date so fixed, to be served on such of the persons interested in the trust, or to be published for information in such manner, as it thinks fit. (3) On any date fixed under sub-section (2) or any subsequent date to which the hearing may be adjourned, the Court, before giving any opinion, advice or direction, shall afford a reasonable opportunity of being heard to all persons appearing in connection with the petition. (4) A trustee stating in good faith the facts of any matter relating to the trust in a petition under sub-section (1), and acting upon the opinion, advice or direction of the Court given thereon, shall be deemed, as far as his own responsibility is concerned, to have discharged his duty as such trustee in the matter in respect of which the petition was made.

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Section 6 – Charitable And Religious Trusts Act, 1920

Failure of trustee to comply with order under section 5 If a trustee without reasonable excuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall, without prejudice to any other penalty or liability which he may incur under any law for the time being in force, be deemed to have committed a breach of trust affording ground for a suit under the provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908), and any such suit may, so far as it is based on such failure, be instituted without the previous consent of the Advocate General.  

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Section 5 – Charitable And Religious Trusts Act, 1920

Procedure on petition (1) If the court on receipt of a petition under section 3, after taking such evidence and making such inquiry, if any, as it may consider necessary, is of opinion that the trust to which the petition relates is a trust to which this Act applies, and that the petitioner has an interest therein, it shall fix a date for the hearing of the petition, and shall cause a copy thereof, together with notice of the date so fixed, to be served on the trustee and upon any other person to whom in its opinion notice of the petition should be given. (2) On the date fixed for the hearing of the petition, or on any subsequent date to which the hearing may be adjourned, the Court shall proceed to hear the petitioner and the trustee, if he appears, and any other person who has appeared in consequence of the notice, or who it considers ought to be heard, and shall make such further inquiries, if any, as it thinks fit. The trustee may and, if so required by the court, shall at the time of the first hearing or within such time as the Court may permit present a written statement of his case. If he does present a written statement, the statement shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying pleadings. (3) If any person appears at the hearing of the petition and either denies the existence of the trust or denies that it is a trust to which this Act applies, and undertakes to institute within three months a suit for a declaration to that effect and for any other appropriate relief, the court shall order a stay of the proceedings and, if such suit is so instituted, shall continue the stay until the suit is finally decided. (4) If no such undertaking is given, or if after the expiry of the three months no such suit has been instituted, the Court shall itself decide the question. (5) On completion of the inquiry provided for in sub-section (2), the Court shall either dismiss the petition or pass thereon such other order as it thinks fit: Provided that, where a suit has been instituted in accordance with the provisions of sub-section (3), no order shall be passed by the Court which conflicts with the final decision therein. (6) Save as provided in this section, the Court shall not try or determine any question of title between the petitioner and any person claiming title adversely to the trust.

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Section 4 – Charitable And Religious Trusts Act, 1920

Contents and verification of petition (1) The petition shall show in what way the petitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit which he seeks to obtain. (2) The petition shall be in writing and shall be signed and verified in the manner prescribed by the Code of Civil Procedure, 1908 (5 of 1908), for signing and verifying plaints.

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Section 3 – Charitable And Religious Trusts Act, 1920

Power to apply to the Court in respect of trusts of a charitable or religious nature Save as hereinafter provided in this Act, any person having an interest in any express or constructive trust created or existing for a public purpose of a charitable or religious nature may apply by petition to the Court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate to obtain an order embodying all or any of the following directions, namely:-     (1) directing the trustee to furnish the petitioner through the Court with particulars as to the nature and objects of the trust, and of the value condition, management and application of the subject-matter of the trust, and of the income belonging thereto, or as any of these matters, and     (2) directing that the accounts of the trusts shall be examined and audited: Provided that no person shall apply for any such direction in respect of accounts relating to a period more than three years prior to the date of the petition.

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What are the types of a brand names?

what are the types of a brand names

Branding is an important part of building a successful business. It helps businesses differentiate themselves from competitors and establish an identity that connects with their customers. To develop a brand identity for your business, it is important to know the different kinds of branding strategies. Your brand’s identity is the combination of many attributes – including logo, color scheme, voice and tone, and more. However, the name of your brand is the first and leading identifier What is a brand? A brand is the characteristics that distinguish a business, organization, product or service from other sellers. Often, businesses identify their brand using unique symbols, terms, names, designs or other features that represent their organization and its values. Businesses use their brand in their marketing strategies to gain recognition from their customers and differentiate themselves from competitors. A brand accumulates value when customers associate individual businesses with the quality of their products and services. Why are brands important? Brands are important for making businesses recognizable to their current and potential customers. They are also used to communicate with customers by promoting what the business specializes in and how they compare to their competitors. It is important for business owners to develop a brand for their business to help market their products, services and ideals to their target customers. What are the types of brand names? Descriptive names: These types of names describe what the business does and are often used by companies in industries such as food, travel, and retail. While effective in communicating the company’s offerings and benefits, they can also be limiting in terms of brand differentiation. Examples of descriptive names include General Electric and Burger King. Suggestive names: Suggestive names hint at the benefits or qualities of the product or service. They can be more creative and memorable than descriptive names while still conveying a message to customers. Examples of suggestive names include Spotify (benefit: spotting new music) and FitBit (result: getting fit). Regional names: These names declare where the product or services are used and can be as specific as a hometown location. Regional names can be effective in building a strong community, yet they can be limiting for companies that want to expand beyond their local area. Though Southwest Airlines (founded in Texas) and Boston Market had minimal problems. Abstract names: Comprised of words or phrases that have no direct relation to the business or its offerings, abstract names can be memorable and allow for more creative branding. On the flip side, they may not immediately communicate what the business does, leading to a disconnect. The technology industry loves abstract names (think: Asana and Soona.) Acronyms:We all know what an acronym is. They can be memorable and allow for a short, simple brand name. However, acronyms can be confusing for customers who are not familiar with the company or product. Acronyms are extensive in the business world and include IBM, BMW, BASF, etc., etc. Associative names:Associative names create a mental image or association with the product or service (think: Red Bull and Dove). They can be very effective in creating a memorable brand identity and communicating the company’s unique value proposition. Evocative names: These names prompt a feeling or emotion through the use of literary or cultural references. While they can be memorable, creating strong emotional connections with customers, they may not immediately communicate what the business does. Nike is an excellent example of an evocative name: rooted in Greek mythology but truly evocative of power, strength, and endurance, thanks to killer campaigns and endorsements. Hybrid names: These types of names combine two or more words to create a unique and memorable brand name. They can be effective in creating a strong, distinct brand identity and communicating the company’s unique value proposition. A few examples: Microsoft and Verizon (a combo of veritas and horizon). Compound words: Combining words to craft a brand name can be effective in creating a unique and memorable brand name, as well as communicating a specific message or value proposition. For example, Facebook, YouTube, & Mastercard. The use of compound words can be a powerful branding tool when done well, as it can convey a message or concept that is both clear and memorable to consumers. Simple names:There is a new trend in the naming of companies and products that emphasizes simplicity and clarity. Some businesses are moving away from overly intricate or abstract names and leaning into simple statements. This trend is exemplified by companies like The Shirt Company and Sock Club. How to Choose an Effective Brand Name By understanding the different types of brand names, their pros and cons, and what’s most effective for your audience, you can select the right type of name that fits your business and helps you stand out from the competition. Remember, a strong brand name is just one piece of the puzzle in building a successful brand, but it’s an important one that can make a big difference in the long run. FAQs What are brand names? Brand names are unique names or terms used to identify a product, service, or company. They help differentiate one brand from another and create a specific image or identity in the minds of consumers. What are descriptive brand names, and can you give some examples? Descriptive brand names clearly describe what a product or service does or what it is. Examples include “American Airlines,” which describes an airline company based in America, and “Whole Foods,” which suggests the sale of natural, whole food products.

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