Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 21 costs of audit etc how paid Court: delhi Page 1 of about 21 results (0.101 seconds)

Anjan Kumar Singhi and anr. Vs. Ranjan Kumar Singhi and ors.

Court : Delhi

..... the division bench of the madras high court held that the will with which they were concerned had authorized the official trustee to act both as an executor and a trustee. ..... , as soon as the executor obtained probate, the estate vested in him as the constituted trustee; ergo, after the assessment year in which probate was granted, the official trustee should have discarded the robes of an executor and donned those of a trustee. ..... respectively and entrusting physical possession to them in accordance with such distribution; or (b) in the alternative, to appoint a retired high court judge as a trustee in place of defendant no.1 to discharge the duties of the trustee as referred to in prayers (a)(i) and (a)(ii) above; and (c) to have the trust executed by this hon'ble court until appointment of a new trustee in place of defendant no.1; (d) award costs of the suit to the plaintiff and against the defendant; and (e) pass such other order/further orders that this hon ..... chandra's submission that the cause of action arose in 1970, since the time prescriptions are irrelevant by virtue of section 10 of the limitation act, and since the trustee as well as some part of the property in question in the suit is in delhi, courts in the capital will be clothed with ..... can be no cavil that an rfa has the widest amplitude and would, therefore, provide the appropriate remedy as it would be the most efficacious; merely because ad valorem court fee may have to be paid, would not render it less efficacious. .....

Northern Coalfields Ltd. Vs. Heavy Engineering Corporation Ltd. and an ...

Court : Delhi

Reported in : 2008(105)DRJ710

..... therefore that the second respondent cannot be said to have acquired a beneficial interest of such a nature in the said contracts that would classify it as a cestui que trust, as held by the supreme court in the official trustee's case (supra). ..... in official trustee of west ..... ...it is part of the general law of trust that a trustee must act in a manner most beneficial to the cestui que trust and he can retain no benefit to himself from the corpus of the trust estate or from anything that accrues to that estate subsequently....further, a trustee according to black's law dictionary (6th edition) means a person holding property ..... imaginative disputes raised only to defeat the undisputed claim of the trustee could not be made the basis to deprive the trustees and ultimately the public at large, of the value of the bonds which had, admittedly, been received by the corporation with unambiguous undertaking to repay back the ..... consequently, no substantially disputed question as to whether the first respondent was acting as a trustee for and on behalf of the second respondent, even arises in this case, and it cannot be said that any disputed question of fact has been decided by the learned single judge in ..... case one of the public sector undertaking is shown to be acting not as an undertaking but as trustee of a trust. ..... limbs of the government and must act in coordination and not confrontation. ..... of the government are its limbs and, therefore, they must act in coordination and not in confrontation. .....

Y.L. Ahuja Vs. Institute of Applied Manpower and Research and ors.

Court : Delhi

Reported in : ILR1996Delhi415

..... the national council of educational research and training and others : (1992)illj331sc , the national council of educational research and training (for short ncert) registered under the societies registration act, 1860 were held to be not a state within the meaning of article 12 of the constitution after taking into consideration their constitution and aims and objects which did not fulfill the ..... act as well as the industrial finance corporation act conferred powers on the corporation to make regulations as to method of recruitment of employees and terms and conditions of service of such employees or agents and the ongc act, 1959 under section 12 provided that functions and terms and conditions of service of employees should be such as may be provided for in regulations under the act ..... the audited accounts of the 1st respondent together with the audit report have to be forwarded to the central government and they are required to be ..... and is required to be paid over to the central government. ..... left to bear their own costs. ..... study courses, conferences, seminars, and also undertakes publication of journals and other research material and books etc. ..... both move- able and immovable property and to enter into agreement with any government, other authorities; municipal, revenue or otherwise to obtain from such authority rights, concessions etc. ..... etc ..... by the 1st respondent after making provision for various charges, such as reserve funds, bad and doubtful debts depreciation in assets etc. .....

State Vs. Man Singh and ors.

Court : Delhi

Reported in : ILR1972Delhi582; 1974RLR276

..... first, there is the official trustees act 1913. ..... if there be no trustee 'willing or capable to act in the trust' within the jurisdiction of the high court, that court may on application make an order for the appointment of the official trustee with his consent: see section 10(i). ..... alternatively, if all the existing trustees and beneficiaries are desirous that the official trustee be appointed in the room of such trustees they may so appoint him by an instrument in writing with his consent: -see section 11. ..... i would suggest to them that they either appoint the official trustee in their stead by an instrument in writing or make an application under section 10 for him to be so appointed. ..... whichever procedure be adopted, the official trustee holds the trust property on the same trusts as before: see sections 10(2) and 11(2). ..... according to section 7(1) of that act the official trustee 'may, if he thinks fit,- (a)act as an ordinary trustee; (b)be appointed trustee by a court of competent jurisdiction'. ..... such amount as remains after paying the salaries of the sewadars and meeting the cost of repairs and other necessary expenses should be used for a daily langar' where every person is provided free meals without any discrimination. ..... that case shows how much the working of the principle is conditioned by the facts. ..... 50,000.00 set apart for the maintenance of the musafir khana would be wholly inadequate; especially as a granthi and a pujari separately would have to be employed and paid salaries. .....

Balaji Paper Boards (P) Ltd. and Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(62)ECC631

..... the supreme court had held in that case that the regulations framed in 1957 have been duly framed and published under section 59(5) and as such they shall have effect as if enacted in the act.under section 38 of the act the rules made under the act are required to be published in the official gazette and are to be laid before the parliament. ..... the supreme court had held in para 15 of the official trustee west bengal, [supra) as under: what is relevant is whether he had the power to grant the relief asked for in the application made by the ..... to the then rule 10 from 6.8.1977 when for the non-levy also the provisions of rule 10 were made applicable, the provisions of rule 9(2) became redundant.rule 10 related to the recovery of duties not levied or not paid or the duties which and had been short levied or not paid in full; it did not provide as how it was to be taken that the duty had not been levied ..... for ascertaining the real intention of the legislature the cost may consider, inter alia, the nature and the design of the statute, and the consequences which would follow from construing it one way or the other, the impact of other provisions whereby the necessity ..... while it is a complete code for recovery of duty not levied or not paid, short levied or short paid, etc, it in no way curtails the scope of other provisions. ..... any duty of excise has not been levied or paid or has been short levied or short paid, by reason of fraud, collusion, wilful mis-statement, suppression of facts etc. .....

Union of India and ors. Vs. Brig. S. Sabharwal

Court : Delhi

..... similarly, sub-section (2) of section 8, empowers the public authority to over-ride the official secrets act, 1923 and, the exemptions contained in sub-section (1) of section 8, of the rti act, if public interest in the disclosure of information outweighs the harm to the protected ..... wp(c) 499, 1138 & 1144/2012 subsection (2) of page 23 of 30 section 8, states that notwithstanding anything contained in the official secret acts, 1923, or any of the exemptions provided in subsection (1), would not come in the way of a public authority in allowing access to information if, public interest in its disclosure outweighs the harm to the ..... (2) notwithstanding anything in the official secrets act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the ..... however, having regard to the peculiar facts and circumstances of the case, parties are directed to bear their own costs save and except to the extent that the sum of rs 5000/- each, deposited pursuant to the two orders of my predecessor of even date, passed on 27.02.2012, in wp(c) ..... that context several fiduciary relationships were referred to like the one between a trustee and a beneficiary of a trust; a guardian with reference to a minor or, a physically infirm or mentally incapacitated person; a parent with reference to a child; a lawyer or a chartered accountant with reference to a client etc. .....

Union of India and ors. Vs. Col. V.K. Shad

Court : Delhi

..... similarly, sub-section (2) of section 8, empowers the public authority to over-ride the official secrets act, 1923 and, the exemptions contained in sub-section (1) of section 8, of the rti act, if public interest in the disclosure of information outweighs the harm to the protected ..... wp(c) 499, 1138 & 1144/2012 subsection (2) of page 23 of 30 section 8, states that notwithstanding anything contained in the official secret acts, 1923, or any of the exemptions provided in subsection (1), would not come in the way of a public authority in allowing access to information if, public interest in its disclosure outweighs the harm to the ..... (2) notwithstanding anything in the official secrets act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the ..... however, having regard to the peculiar facts and circumstances of the case, parties are directed to bear their own costs save and except to the extent that the sum of rs 5000/- each, deposited pursuant to the two orders of my predecessor of even date, passed on 27.02.2012, in wp(c) ..... that context several fiduciary relationships were referred to like the one between a trustee and a beneficiary of a trust; a guardian with reference to a minor or, a physically infirm or mentally incapacitated person; a parent with reference to a child; a lawyer or a chartered accountant with reference to a client etc. .....

Union of India and anr. Vs. Col. P.P. Singh

Court : Delhi

..... similarly, sub-section (2) of section 8, empowers the public authority to over-ride the official secrets act, 1923 and, the exemptions contained in sub-section (1) of section 8, of the rti act, if public interest in the disclosure of information outweighs the harm to the protected ..... wp(c) 499, 1138 & 1144/2012 subsection (2) of page 23 of 30 section 8, states that notwithstanding anything contained in the official secret acts, 1923, or any of the exemptions provided in subsection (1), would not come in the way of a public authority in allowing access to information if, public interest in its disclosure outweighs the harm to the ..... (2) notwithstanding anything in the official secrets act, 1923 (19 of 1923) nor any of the exemptions permissible in accordance with sub-section (1), a public authority may allow access to information, if public interest in disclosure outweighs the harm to the ..... however, having regard to the peculiar facts and circumstances of the case, parties are directed to bear their own costs save and except to the extent that the sum of rs 5000/- each, deposited pursuant to the two orders of my predecessor of even date, passed on 27.02.2012, in wp(c) ..... that context several fiduciary relationships were referred to like the one between a trustee and a beneficiary of a trust; a guardian with reference to a minor or, a physically infirm or mentally incapacitated person; a parent with reference to a child; a lawyer or a chartered accountant with reference to a client etc. .....

Uma Sehgal and ors. Vs. Dwarka Dass Sehgal and ors.

Court : Delhi

Reported in : AIR1982Delhi36; [1983]54CompCas842(Delhi); 20(1981)DLT165; ILR1981Delhi315; 1981RLR543

..... further provides that unless special trustees are appointed, the sum secured shall be paid to the official trustee. ..... a policy of life insurance on his own life may, when effecting the policy or at any time before the policy matures for payment, nominate the person or persons to whom the money secured by the policy shall be paid in the event of his death: provided that, where any nominee is a minor, it shall be lawful for the policy-holder to appoint in the prescribed manner any person to receive the money secured by the policy in ..... the reason advanced was that if the benefit of the contract of insurance formed part of the estate of the policy-holder during his life time, how does it cease to be a part of his estate on his death and become a part of an estate of the nominee but it does always happen in all cases ..... life insurance to which section 6 of the married women's property act, 1874, applies or has at any time applied; provided that where a nomination made whether before or after the commencement of the insurance (amendment) act, 1948, in favor of the wife of the person who has insured his life or of his wife and children or any of them is expressed, whether or not on the face of the policy, as being made under this section and said section 6 shall be deemed not ..... be no order as to costs. ..... dictate of the act as stated above is clearly that the money of the policy shall be paid to the nominee, if any is available, and if his nomination subsists, and shall be payable to heirs, etc. .....

industrial Development Bank of India Vs. Thapar Agro Mills Ltd.

Court : Delhi

..... :-"100.charges.where immoveable property of one person is by act of parties or operation of law made security for the payment of money to another, and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property; and all the provisions hereinbefore contained [which apply to a simple mortgage shall, so far as may be, apply to such charge].nothing in this section applies to the charge of a trustee on the trust-property for expenses properly incurred ..... present appeal has been filed under section 460(6) of the companies act, 1956 read with rules 6, 9, 164 and 165 of the companies (court) rules, 1959 for directing the official liquidator to consider idbi as secured creditor.2. ..... in this case, admittedly the decree amount was not paid before 28th august, 1982, as such the matter had passed from the domain of contract to the realm of the judgment. ..... consequently, the appellant filed an application under section 19 of the recovery of debts due to banks and financial institutions act, 1993 for recovery of rs.2,96,22,963.00 along with pendente lite and future interest and costs of litigation.5. ..... in accordance with the said agreement, the company in liquidation was to allot non convertible debentures (in short "ncds") after complying with the sebi guidelines and other pre-requisites like appointment of trustees, creation of security etc.3. .....