Court : Chennai
Reported in : AIR1974Mad199
..... official trustee, w. ..... 1658 of 1964), praying, in the former petition, to bring out in the judgment in second appeal that the appellant and the fifth respondent alone compromised and that the first respondent remained ex parte and to confine the terms of the decree to the quantum of valuation of the superstructure on the suit site and deleting the other clauses; and, in the latter petition, to stay all further proceedings in ..... delivery of possession by the appellant herein, that the decree to purchase the superstructure is only consequential to the main relief prayed for and as such the same need not be registered, the tamil nadu act xxx of 1963 will not affect the prayer for possession made by the respondent and that there is no question of law involved in this civil miscellaneous second appeal for entertaining the same. ..... proposition that the words 'subject-matter of the suit' in section 17(2)(vi) of the registration act cannot be read as subject-matter of the plaint nor even as a subject-matter in dispute in the suit or proceeding and that if the consent decree or order in the suit or proceeding covered by the property, although it was not in the plaint or in dispute, such property constituting, as it does, an inseparable part of the consideration for he compromise, may well by regarded as the subject-matter of ..... the omission on the part of the district munsif to specifically mention the right of the plaintiff to get possession of the site cannot in any way affect the jurisdiction .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad18
..... convinced that the observations of the supreme court to which we have made reference could be distinguished in any such manner; indeed that an endowment for a public utility by a muslim in order to come within the ambit of the act should be one entirely for the muslim community is manifest from the terms of the definition to which we have made reference, and to the express decision in the case.22. ..... and charitable endowments, madras, : air1961mad265 , whether a charitable endowment as defined in section 6(4) of the madras hindu religious and charitable endowment act (madras act xix of 1951) would include within it a charity which intended to benefit not merely the hindus, but persons of other communities as well. ..... in other words, the ' definition like any other word in statute has to be read in the light of the context having regard to the scheme of the act and that if the scope of the enactment and the context in which the defined term is used has provided only for a limited operation such definition could only have ..... the nomenclature given by the donor cannot, of course, be decisive of the question whether the endowment will be a wakf under the muslim law or under the act; but even so the donor's description of it in the instant case can be regarded only as equivocal, for it calls it both a wakf and a declaration ..... further argued that as the document in that case empowered the trustees and indeed contemplated inroads into a part of the capital, it could not again be a wakf. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN407
..... (l) according to the writ petitioner, the official trustee of the west bengal was unlawfully dealing with the murshidabad estate by the purported murshidabad estate (trust) act, 1963 in derogation of the right of the writ petitioner as the ..... (n) subsequently, the state of west bengal passed a statute, namely, murshidabad estate (management of properties) and miscellaneous provisions act, 1980 which was published in the calcutta gazette on march 11,1981 and by the said act, according to the writ petitioner, the state government had illegally and maliciously sought to interfere with the right of the writ petitioner as the then nawab bahadur of ..... as the writ petitioner), filed a writ application before this court thereby praying for declaration that the provisions of the murshidabad estate (management of properties) and miscellaneous provisions act, 1980 (west bengal act 55 of 1980) are ultra vires the constitution of india and void and for commanding the respondent nos. ..... which arose between the subsequent nawab and the then government of india, an indenture dated 12th march, 1891 was made between secretary of state for india of one part and syed hassan ali khan bahadur, the then nawab, on the other part and by virtue of the said sanad, an annual payment of rs. ..... (o) a learned single judge of this court partly allowed the writ application after repelling the contentions raised on behalf of the respondent that the writ petitioner had no locus standi to file the writ petition and three .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR100; 2007(3)BomCR7
..... regarding grant of long term lease in respect of the said property and exercise of supervisory jurisdiction of high court under section 25 of the official trustees act, 1913. ..... any other court empowered in that behalf by the state government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree (a) removing any trustee; (b) appointing a new trustee; (c) vesting any property in a trustee; [(cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to deliver possession of any trust property in his possession to the person entitled to the possession of such property;](d) directing accounts ..... and inquiries; (e) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust; (f) authorizing the whole or any part of the trust property to ..... , while alienating the trust property, the trustees may provide that as a part of consideration for alienation, the purchaser should construct a building on a part of the trust property for the use by the trustees for the objects of the trust. .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(2)BomCR191
..... we have also made reference to section 124 of the act that every regulation made by the board of trustees is required to be approved by the central government and it became operative only upon publication in the official gazette. mr. ..... in any event, the mormugao port trust is now totally brought within the purview of the major port trusts act, 1963 and it does not take time to iterate that all matters relating to port and its affairs, must come within the ambit of that act and the licences shall be governed in the matter by regulations made thereunder and to be issued by the functionaries also mentioned there at.7 ..... licence of the petitioner, we have abundantly made clear as to how the director of civil administration being a functionary of the state government is unable to grant any licence in the matter of affairs relating to the port once goa became a part of the union of india and the harbours and ports are now vested under the central government. ..... gadgil, deputy secretary of the mormugao port trust in his affidavit dated 30th march, 1988, has iterated that mormugao port regulations were not only framed by the board of trustees, but they were duly approved by the central government vide ministry's letter no. ..... an amendment has also been equally brought about to clause 60 of the regulation known as mormugao port regulations by which under clause 60 a licence is required to be issued by the board to shipchandlers, ship repairers, chippers, fitters and other miscellaneous traders. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1952Kant14; AIR1952Mys14; ILR1952KAR102
..... be their participation in common games and sports and if an upto date stadium or gymnasium can be erected on the spot and if it could be managed by an impartial, honest and non-partisan committee of trustees under the presidentship of either the president of the municipality who is already helping the institution, or the superintendent of police or the district magistrate, it could be made a very desirable addition to the amenities of ..... court is the ultimate protector of the charity and it is the inherent right of the court always to intervene to safeguard and preserve the charity whenever it is necessary to do so; that the fact that the trustee is not guilty of breach of trust does not preclude the court, from framing a scheme and that if the affairs of a charity are managed in such a matter which, is not beneficial to the ..... made above that in the absence of the indian trusts act or some statutory provision corresponding to it in mysore, the rules of equity which hold that a person who received money while in a fiduciary capacity to the person for whom he received it was to be treated as an express trustee may have better scope for application in mysore than in ..... no limitation for suits for the recovery of property from trustees and given the benefit of section 10 to the plaintiffs though one of the defendants was only a trustee de son tort with reference to a part of the property which was in his possession. ..... is only the association which officiously or otherwise has chosen to .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR501; 2005(3)MhLj34
..... 2 (iii) defines official trustee and it says that the official trustee shall mean the official trustee of bombay as appointed under the indian official trustees act (act ii of 1913) or any other act for the time being ..... been contended by the learned counsel for the petitioners that the provisions of the bombay public trusts act are applicable because the official trustee is not the sole trustee as per the notification and, therefore, notification has no application. ..... rejected the arguments on merits of the learned counsel by relying upon the notification issued by the state government exempting the operation of the provisions of the bombay public trusts act in so far as those trusts are concerned where the official trustee is the sole trustee for the management of the affairs of the trust. 9. ..... ) and while doing so, the learned trial court has stated as under : 'apart from this, that the petition is an improper act on the part of the appellants, the appellants and/or the others have been taking steps at various stages in various courts and even challenging the very same order of ..... of 11.1.1994 either by a miscellaneous petition or by an appeal or by charity application before the ..... ' this miscellaneous petition has also been dismissed by the learned single judge of this court ( ..... as under : '(a) this hon'ble court be pleased to set aside the order dated 11.1.1994 in miscellaneous petition no. ..... same consent of grant of permission which was the subject-matter of miscellaneous petition no. .....
Tag this Judgment!Court : Mumbai
Reported in : (1923)ILR46Bom405
..... appellant contends that the court having passed a final order on the 26th of july had no power under the provincial insolvency act to review that order; secondly, that the rules framed under the madras provincial insolvency act, which have the effect of law by virtue of section 79, clause (3), give no power to a court to remove an official receiver once appointed (vide rule 12); and, lastly, that the reasons given by the district judge for appointing a special ..... it appears from the notes at page 459 that the question of the removal of the trustee was one of the matters that came up for consideration, and the learned judges declared that a trustee in bankruptcy would be entitled to appeal from an order of the court if he thought it unjust and that he would be a person 'aggrieved' if a decision had been pronounced which had wrongfully refused him something to which he was entitled. ..... the first respondent will bear his own costs in civil miscellaneous appeal no. ..... , in ex parte official receiver, in re reed bowen & co. ..... the remuneration of official receivers who are paid a fixed salary by government depends partly upon the receipts obtained by them in administering various estates in their district; and those receipts will be diminished if special receivers are appointed superseding the authority of the official receiver. ..... that case proceeded largely on the authority of an english case ex parte sidebotham, in re sidebotham(1880) 14 oh.d. ..... parte sidebotham, in re sidebotham(1880) 14 ch.d. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal205
..... the employees were paid very low and the trust act of 1963 could not save the situation because the official trustee lacked power, and the hazar duari was in a very pitiable condition.19. ..... the petitioner challenges that the official trustee has been unlawfully thrust upon the murshidabad estate and the act of 1963 has miserably failed to achieve, its purported objects which was to effect the wishes of wasif ali meerza to create a trust for the benefit of his successors and his sons and daughters. ..... referring to sections 8 and 9 of the murshidabad estate (management of properties) and miscellaneous provisions act, 1980 it is claimed that the same is at par with those of eviction under the unauthorised occupants act (public premises) act, 1971 where a sub-divisional officer are given the powers in the rules framed. ..... the most relevant part of this act is that after receiving the monthly allowances, as referred to hereinbefore, and after spending the amount on the subjects some of which were mentioned above, of the remaining allowances a sum of rs. ..... 85, park street, which forms part of murshidabad estate was to be used and occupied solely by the successor of nawab of murshidabad and thereafter his lordship said, 'it may be mentioned that at present the title of nawab had not been conferred on anybody. ..... the petitioner contends that he is presently residing at 85, park street, which is the ancestral property and a part of the murshidabad estate. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... 5 and 7, the central government may, if it is satisfied that any authority or other body, or trustees of any trust, set up on or after the commencement of this act is or are willing to comply with such terms and conditions as that government may think fit to impose, direct by notification in the official gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the central government, vest in that authority or body ..... sub-section (1) provides that the central government may, notwithstanding anything contained in sections 3, 4, 5 and 7, direct by notification in the official gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the central government, vest in that authority or body or trustees of that trust from the specified date, if it is satisfied that the same is willing to comply with such terms and conditions ..... and 7 the central government may, if it is satisfied that any authority or other body, or trustees of any trust, set up on or after the commencement of this act is or are willing to comply with such terms and conditions as that government may think fit to impose, direct by notification in the official gazette, that the right, title and interest or any of them in relation to the area or any part thereof, instead of continuing to vest in the central government, vest in that authority or body ..... miscellaneous .....
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