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Apr 12 1979

Commissioner of Income-tax Vs. Estate of V.L. Ethiraj (by Official Tru ...

Court : Chennai

Decided on : Apr-12-1979

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 160(1), 161, 161(1) and 168; Indian Succession Act, 1925; Official Trustees Act, 1913 - Sections 7(6)

Reported in : (1980)16CTR(Mad)238; [1979]120ITR271(Mad)

of the deceased under Section 222 of the Indian Succession Act, 1925, read with Section 7(6) of the Official Trustees Act, 1913, in O.P. No. 21 of 1961, and probate was granted by order dated May 3, 1961. After obtaining

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Mar 15 1996

The Administrator General Vs. Vinod Bhushan Alias Kamal NaraIn and Oth ...

Court : Allahabad

Decided on : Mar-15-1996

Subject : Trusts and Societies

Acts : Administrators General Act, 1963 - Sections 7, 9, 9(1) and (2), 10 and 11; Official Trustees Act, 1913 - Sections 7(5) and (6) and 10; Administrator General Act, 1913; Charitable and Religious Trust Act - Sections 34 and 37

Reported in : AIR1996All350

the Administrator General was not only under the Administrator General Act hut also under Section 10 of the Official Trustees Act. 1913. Learned counsel has contended that even if it is taken that under Section 7 of the Administrator General

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Aug 27 1999

K.R. Patel (Dead) Through Lrs. Vs. Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Aug-27-1999

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 11(1), 160, 168 and 256(1); Bombay Public Trust Act, 1950 Sections 17, 18, 19, 20, 21, 29 and 36; Indian Succession Act, 1925 - Sections 2, 211, 222, 302, 317 and 366; Mussalman Wakf Validating Act, 1913; Official Trustees Act, 1913 - Sections 7(6); Income Tax Act, 1922 - Sections 4(3), 41 and 176(4); Administrators General Act, 1963

Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44

the Will of Ethiraj under Section 222 of the Indian Succession Act read with Section 7(6) of the Official Trustees Act, 1913. Probate was granted to him on May 3, 1961. After obtaining probate official trustee sold various properties of

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Feb 14 2007

Sailesh Developers, a Registered Partnership Firm and Mr. Ramesh Bhava ...

Court : Mumbai

Decided on : Feb-14-2007

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 18, 31A, 32, 34, 35, 36, 36(1), 37, 38, 39, 41A to 41E, 50, 50A, 51, 59, 73 and 73A; Code of Civil Procedure (CPC) , 1908 - Sections 92; Bombay Public Trusts (Amendment) Act, 1960 - Sections 36; Maharashtra Public Trusts (Amendment) Act, 1971; Presidency Small Cause Courts Act, 1882; Provincial Small Cause Court Act, 1887; Uttar Pradesh Agricultural Income Tax Act, 1948 - Sections 11(1); Official Trustees Act, 1913 - Sections 25 and 26; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966; Bombay Public Trusts Rules, 1951 - Rules 2, 7, 7A and 24; O.S. High Court Rules - Rule 28; Constitution of India - Articles 26, 226 and 227

Reported in : 2007(4)ALLMR100; 2007(3)BomCR7

respect of the said property and exercise of supervisory jurisdiction of High Court under Section 25 of the Official Trustees Act, 1913. A Partnership firm applied before the High Court praying that the Official Trustee be directed to execute a … held by the Charity Commissioner under Section 36 is a Judicial enquiry in view of Provisions of Section 73 and 73(A) of the said Act of 1950. Even Rule 7 of The Bombay Public Trusts Rules, 1951

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Nov 17 1993

Committee of Management of Pachaiyappa's Trust Vs. Official Trustee of ...

Court : Supreme Court of India

Decided on : Nov-17-1993

Subject : Trusts and Societies

Acts : Official Trustees Act, 1913 - Sections 7, 9, 25 and 26; Trusts Act, 1882 - Sections 15 and 36;

Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710

questions relating to the exercise of the supervisory jurisdiction by the High Court under Section 25 of the Official Trustees Act, 1913, herein referred to as 'the Act'.2. Under a will executed by the one C. Kandaswamy Naidu on May … trustee under a will he holds the property vested him upon the trust expressed in the will. Under Section 7 of the Act, the Official Trustee acts as an ordinary trustee and has the same powers, duties and

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Sep 23 1927

Omar Tyab Aba Shariff Vs. Ismail Tyab Aba Shariff

Court : Mumbai

Decided on : Sep-23-1927

Subject : PropertyCivil

Reported in : AIR1928Bom69; (1928)30BOMLR177; 108Ind.Cas.495

officer of the Court-Bombay High Court Rules (Original Side), Part II, Rule 13.;The Official Trustee constituted by the Official Trustees Act. 1913, is not an officer of the Court within the meaning of Rule 13 of Part II of the … Section 1 of that Act seems to me to be against the contention of the learned Advocate General.11. Section 7 of the present Act prescribes the powers and duties of the Official Trustee. By that section the Official

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Apr 18 1961

Abinash Chandra Bannerji and ors. Vs. Uttarpara Hitakari Sabha and ors ...

Court : Supreme Court of India

Decided on : Apr-18-1961

Subject : FamilyProperty

Acts : Official Trustees Act, 1913 - Sections 10

Reported in : [1962]2SCR28

the appeal fails and is dismissed with costs. 14. Appeal dismissed. Family - will - Section 10 of Official Trustees Act, 1913 - whether will created trust or charge in favour of respondent - words trust or charge not used … Conversely a trust may amount merely to a charge.' 6. Lord St. Leonards points out (Sugden on Powers, 7th Edn., p. 122) that, 'What by the old law was deemed a devise upon condition, would now, perhaps,

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Oct 29 1958

The Star Tile Works Ltd., Kallai and ors. Vs. N. Govindan and ors.

Court : Kerala

Decided on : Oct-29-1958

Subject : Company

Acts : Companies Act, 1956 - Sections 2(7), 2(11), 10, 41(2), 153, 155, 167, 176(5) and 186; Official Trustees Act, 1913 - Sections 6 and 14; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : AIR1959Ker254

answer to the contentions of Mr. Abraham. Section 6 of the Official Trustees Act, Central Act II of 1913, states that the Official Trustee shall be a 'corporation sole' by the name of the Official Trustee of … his right to be represented by a proxy and to vote. He relies upon Section 14 of the Official Trustees Act that the entry of the Official Trustee by that name in the books of a company shall not … Vaidialingam, J.1. Defendants 1, 2, 4, 6 and 7 arc the appellants before us. The dispute relates to the proceedings of

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Jul 27 1966

Zoolfiqar Ali Currimbhoy Ebrahim Vs. the Official Trustee of Maharasht ...

Court : Mumbai

Decided on : Jul-27-1966

Subject : Trusts and Societies

Reported in : (1967)69BOMLR326; 1967MhLJ694

other movable property shall stand transferred to, the Official Trustee, and be handed over to him (anything in Official Trustees Act, 1913 notwithstanding), and the Official Trustee shall hold and stand possessed of the same for the purposes, and with … Act was notified as evacuee property. The order passed in this behalf as well as the notification under Section 7(3) of the Administration of Evacuee Property Act, 1950, are collectively at exh. C. Against these orders vesting his

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Apr 13 1987

Smt. Chandra Kali Vs. Managing Committee Aryasamaj, Meerut and ors.

Court : Allahabad

Decided on : Apr-13-1987

Subject : Trusts and SocietiesProperty

Acts : Administrators General Act, 1963 - Sections 25; Official Trustees Act, 1913 - Sections 25 and 29

Reported in : AIR1987All341

advise on disputed questions of law and facts. 12. We may now look at Section 25 of the Official Trustees Act, 1913. Section 25 reads as follows : 'Section 25. Power of High Court to make orders in respect of property

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