Court : Kerala
Reported in : [1976]104ITR220(Ker)
..... age, of sound mind and in direct ownership of such assets, (4) notwithstanding anything contained in this section, where the shares of the persons on whose behalf or for whose benefit any such assets are held are indeterminate or unknown, the wealth-tax shall be levied upon and recovered from the court of wards, administrator-general, official trustee, receiver, manager or other person aforesaid as if the persons on whose behalf or for whose benefit ..... income, the revenue had to make appropriate adjustments ; otherwise, the assessment made in respect of that income on the hindu undivided family would be contrary to the provisions of the act, particularly section 14(1) of the act we, therefore, hold that if the assessment proceedings initiated under section 37 of the act culminates in the assessment of the hindu undivided family, appropriate adjustments have to be made by the income-tax officer in respect of the tax realised by the revenue in respect of ..... they do not deal with the connected question, how the adjustments will have to be made to avoid ..... by virtue of the provisions of this section in respect of the net wealth of any beneficiary, shall be entitled to recover the sum so paid from such beneficiary, and may retain out of any assets that he may hold on behalf or for the benefit of such beneficiary, an amount equal to the sum so paid. ..... no order as to costs. o.p. no. ..... , while clause (1) of section 21 permits levy and recovery of wealth-tax from the trustee, receiver, manager, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2001Bom26; 2001(1)BomCR44; (2001)2BOMLR273
..... an attempt was made by the port trust to justify this exercise before the learned single judge on the basis of the said report, in an elaborate judgment after referring to the provisions of the major port trusts act, 1963 particularly sections 33, 34, 49 and 52, on the basis of the last two sections as appearing in chapter vi, the learned single judge proceeded to examine the question. ..... the submission, therefore is that the exercise carried out by the board of trustees on receipt of the kirloskar report as also before this court by way of said compromise formula if tested by the aforesaid two standards will prove to be satisfactorily made with reference to the said standards and is hence worthy of ..... even if for the time being we leave aside the question as to how the learned judge drew the aforesaid conclusion it is not possible to understand how the underlying assumption of legislative policy would make the market rate a total anethema for fixing the rent especially when the reasonable return is referred to by the petitioners ..... other words the issue was whether demurrage is to be paid even though the importer is not negligent in clearing the ..... left to bear their own costs.95. ..... the year 1970, in keeping with the government of india policy these intervenors were importing petroleum products for which they had obtained leasehold rights and have laid down tanks, pipe lines etc. ..... than 1.33 is available in case of occupied plots in coal depot, darukhana, ghodapdeo, lakdi bunder etc., i.e. .....
Tag this Judgment!Court : Mumbai
Reported in : (1967)69BOMLR326; 1967MhLJ694
..... is hereby dissolved and shall cease to function, and the trustees shall cease to hold office as such trustees.clause (c) of section 3 providesthe trust properties, in so far as they consist of immovable property shall by force and virtue of this act vest in, and in so far as they consist of any moneys, investments, securities or 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 ..... section 13 excludes the operation of the official trustees act, 1913. ..... 8 before the official trustee, is entitled to the trust properties remaining after payment therefrom of the costs ordered to be paid by the learned single judge and by us as we shall presently order. ..... normally, if the legislature had made provision or indicated its intention as to how the property was to be distributed or was to devolve, we may have considered that that was an indication that the doctrine should not apply. ..... (2) under the government of india act, 1935, as under the constitution, a number of very important topics were included in the concurrent list, such as criminal law, criminal procedure, civil procedure, evidence, marriage and divorce, transfer of property, contracts, factories, labour welfare, etc. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1999)155CTR(SC)585
..... official trustee applied for the probate of the will of either under section 222 of the indian succession act read with section 7(6) of the official trustees act, 1913. ..... the high court examined the provisions of (lie administrators general act, 1963 and the official trustees act, 1913 and held as under:'it appears to be quite clear that though the official trustee has been appointed both as sole executor and as sole trustee, the executor ship must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the date of the obtaining of the probate the trust ..... had come into existence and the properties had vested in the official trustee.'16. ..... the surplus or residue of the deceased's property, after payment of debts and legacies, shall be paid to the residuary legatee when any has been appointed by the will.'24. ..... accordingly, we uphold the decision of the high court in the impugned judgment and dismiss the appeal with costs. .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal387,6Ind.Cas.973
..... justice chitty took an erroneous view of the position of the official trustee under the official trustee's act, it cannot, in my opinion, be said that he made an order as to which he had no ..... further, the court has discretion under section 50 of the probate and administration act to revoke or annul the grant of ..... respondent must pay the appellant's costs both in this court and in the court of first instance without prejudice to the right of the latter to have the costs to be paid out of the estate. ..... and it is not disputed, that during the three years that have elapsed since the grant of probate many transactions have taken place, so that serious questions might possibly arise, notwithstanding the saving provision of section 8i of the act, were the grant now to be cancelled.3. ..... is no dispute as to the facts, and the only question is whether this is a case where the court, under section 50 of the probate and administration act, ought to revoke the probate that has been granted. ..... , i think this is not a case where it would be convenient to exercise the power of revocation and annulment given by section 50 of the probate and administration act to the court. ..... was no defect, therefore, in the proceedings within the meaning of section 50 of the probate and administration act. ..... was, therefore, no defect in respect of subject-matter, or parties, or the nature of the proceeding, so that i am of opinion that the case does not fall within section 50 of the probate and administration act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2103; [1977]108ITR555(SC); (1977)3SCC362; [1977]3SCR735
..... indeterminate or unknown, the wealth-tax shall be levied upon and recovered from the court of wards, administrator-general, official trustee, receiver, manager, or other person aforesaid as if the persons on whose behalf or for whose benefit the assets are held were an individual for the purposes of this act.sub-section (5) was not a part of section 21 at the material time since it was introduced only with effect from 1st april, 1965 but it throws some ..... laila begum was allocated four units and under sub-clause (b) of clause (4) it was provided that the income from these four units, supplemented by pails out of laila begum's unit on her death, shall be paid to the respective son during his lifetime and on and after his death, the corpus of the four units allocated to him together with the parts out of laila begum's unit added to it shall be divided amongst ..... the relatives of the settlor specified in the second schedule and it was also provided that if there was any deficit in the family trust expenses account in meeting the charges of collection the remuneration of the trustees and the members of the committee of management and other costs, charges, expenses and outgoings in connection with the trust, such deficit should be made good out of the income or the corpus of the reserve fund. ..... the course of assessment of the trustees (hereinafter referred to as the assessees) to wealth tax for the assessment year 1957-58, a question arose as to how the assessment to wealth tax should .....
Tag this Judgment!Court : Mumbai
Reported in : (1995)125CTR(Bom)461; [1995]213ITR1(Bom)
..... section, where the shares of the persons on whose behalf or for whose benefit any such assets are held are indeterminate or unknown, the wealth-tax may be levied upon and recovered from the court of wards, administrator-general, official trustee, receiver, manager or other person aforesaid as if the persons on whose behalf or for whose benefit the assets are held were an individual who is a citizen of india and resident in india for the purpose of this act ..... called, appointed under any order of a court to manage property on behalf of another, or any trustee appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including a trustee under a valid deed of wakf), the wealth-tax shall be levied upon and recoverable from the court of wards, administrator-general, official trustee, receiver, manager or trustee, as the case may be, in the like manner and to the same extent as it would ..... by virtue of the provisions of this section in respect of the net wealth of any beneficiary, shall be entitled to recover the sum so paid from such beneficiary, and may retain out any assets that he may hold on behalf or for the benefit of such beneficiary, an amount equal to the sum so paid. 9. ..... the case, there shall be no order as to costs. ..... given to charitable and religious institutions under the income-tax act is hedged in by a number of restrictions and conditions including conditions regarding accumulation, etc. ..... wards, administrators-general, etc. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad419
..... 242 of 1939 this court by its order dated 17-8-1939 directed the administrator-general under sections 10 and 11, administrator-general's act, 1913, to take possession of the estate of the deceased and apply for letters of administration upon funds being available. ..... sanders slater, the administrator-general and official trustee of bombay, on deputation, to report upon the whole question. ..... not those of the testator and rests the reliefs asked for by her on the ground that the administrator-general has not been prudently managing the properties and that the administration was unduly costly, and that the administrator-general has set up an adverse claim in regard to the three properties concerning which she had handed over the title deeds only for the purpose of safe custody ..... the administrator-general has finally taken up letters of administration which this applicant neglected to do and for the costs incurred by him he is seeking to dispose of one of the properties in kancheepuram, least valuable to the estate. ..... (audit);, in addition to the protection afforded to the public by what may be termed 'state aid' the government have provided for the regularaudit of the accounts of the administrator-general and for a full report to be forwarded to the government upon such audit (sections 44 and 45).very full powers have also been given to the auditors in regard to the examination of persons, etc. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1967Bom465; (1967)69BOMLR41
..... there was, for t he benefit of the wife in the event which happened, it would follow from section 6 that the official trustee of bengal would be the trustee, and he alone would be competent to sue for the enforcement of the trust: . . . . ..... official trustee, madras : air1932mad220 a life insurance policy in the column 'to whom payable', contained the following words, namely, 'the assured or his wife abhiramavalli, if he predeceased her', it was held that the said words expressed on the face of the policy that the same was for the benefit of his wife and as such it enured and was deemed to be a trust for t he benefit of the wife within the meaning of section 6 of the married women's property act ..... when the sum secured by the policy becomes payable, it shall, unless special trustees are duly appointed to receive and hold the same, be paid to the official trustee of the state in which the office at which the insurance was effected is situate, and shall be received and held by him upon and trusts expressed in ..... , hereinafter called the said chile, shall die before the twenty-fifth day of september nineteen hundred and fifty-two while the policy is in force, the total amount of premiums paid excluding the first year's premium shall be returned to the proposer or his proving executors or his administrators or other legal representatives who shall take out representation from any british court ..... union of india will also pay the costs of the commission referred to by the ..... pay the costs of this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(2)CTC693; (2003)181CTR(SC)385; [2003]261ITR690(SC); JT2003(4)SC224; 2003(4)SCALE219; (2003)5SCC122; [2003]3SCR662
..... as under:'(4) notwithstanding anything contained in the foregoing provisions of this section, where the shares of the persons on whose behalf or for whose benefit any such assets are held are indeterminate or unknown, the wealth-tax shall be levied upon and recovered from the courts of wards, administrator-general, official trustee, receiver, manager, or other person aforesaid, as the case may be, in the like manner and to the same extent as it would be leviable upon and recoverable ..... to rule 1-d is as under:'explanation ii : for the purposes of this rule- (i) the following amounts shown as assets in the balance-sheet shall not be treated as assets, namely-- (a) any amount paid as advance tax under section 18-a of the indian income tax act, 1922 (11 of 1922), or under section 210 of the income tax act, 1961 (43 of 1961); (b) any amount shown in the balance-sheet including the debit balance of the profit and loss account or the profit and loss appropriation account ..... however, in the facts and circumstances of the case, there shall be no order as to costs. ..... on the same reasoning, it must be held that no other amounts like provision for taxation, provident fund and gratuity etc. ..... viswanthan etc. v. ..... etc. ..... in hari singhania's case (supra) has in specific terms laid down the principle that in cases where the statute creates a legal fiction for determination of market value, no amount like provision for taxation, pf and gratuity etc. .....
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