Official Trustees Act 1913 Section 25 - Judgment Search Results

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

Court: Allahabad

Reported in: AIR1987All341

seek direction from the Court for its transfer. If .the Official Trustee feels that it is in the interest of the has very wide powers under Section 25 of the Official Trustees Act. 14. I will now advert to the question of jurisdiction of the Court underS. 25 of the Official Trustees Act. This case has been wrongly marked as Testamentary Suit. The now look at Section 25 of the Official Trustees Act, 1913. Section 25 reads as follows : 'Section 25. Power of ORDERA. Banerji, J. 1. This is an application under Section 25 of the Official Trustees Act, 1913 read with Section ORDERA. Banerji, J. 1. This is an application under Section 25 of the Official Trustees Act, 1913 read with Section 25

N. Ismail Rep. by His Power of Attorney, N. Abdul Rahman Koya and Othe ...

Court: Chennai

that the land in R.S.No.41 is now vested in the Official Trustee under a scheme framed by the High Court and and better management of the Trust, by which the existing trustees were removed and the Official Trustee, High Court, Madras, was after resumption. Based on the said directions the Government initiated action by giving direction to the District Collector to give notice an application under Section 25 of the Official Trustees Act, 1913 and therefore the Government order and the consequential notice issued functioning and performing charitable works and the scheme framed under Section 92 of the Code of Civil Procedure is binding on Scheme Decree and therefore the Government should apply under Section 25 of the Official Trustee Act, to the High Court. Based

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court: Supreme Court of India

Reported in: 2006(14)SCALE285

be subjected to challenge only in an appropriate proceeding. The Official Trustee no doubt holds a position of trust but no executed by Arathoon Stephen and the Company and the three Trustees referred to in the said Deed, stating that the Company the trustee as owner of the trust property [Indian Trust Act (2 of 1882), Section 3] Interest of a beneficial owner 26 of the Official Trustees Act, 1913 (for short, 'the 1913 Act') as also Section 302 of the Indian Succession Act, are governed by Part III of the 1913 Act. Under Section 10 of the said Act, the High Court has power [Commissioner of Stamp Duties (Queensland) v. Lingston (1965) AC 694. 25. In 'Bouvier's Law Dictionary And Concise Encclopedia' Third Revision by

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

Court: Mumbai

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

been held:So long as the property is vested in the Official Trustee, it will be the duty of the Official Trustee cases where the trust deed expressly or impliedly prohibited the trustees from alienating the immovable property of the public trust or Apex Court. He submitted that Section 73-A of the said Act of 1950 read with Rule 7 of the said Rules income or produce thereof.Section 26 of the said Act of 1913 provides that an order under Section 25 may be made By the said amendment, Sub-Sections 2, 3 and 4 of Section 36 were brought on the statute book. One of the the High Court in exercise of the jurisdiction under Section 25 of the Act. It is no doubt true that an

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court: Kolkata

Reported in: (2000)2CALLT1(HC)

been accepted as a lessee of the premises by the Official Trustee. The appellant company claimed that it was desirous of Indian Succession Act, 1925. 37. Section 25 of the Official Trustees Act, 1913 provides : '25. Power of High Court to Transfer of Property Act, 1882; section 49 of the registration Act, 1908 was amended and section 27A incorporated in the Specific entertain the appellant's application either under the Official Trustees Act, 1913 or under the Indian Succession Act, 1925. 37. Section 25 of the landlords and did not raise the plea of section 106 of the Land Reforms Act. The rule of 'might Pyne J. The lease was duly executed and registered on 25th July 1984 between the Official Trustee and the appellant for

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

Court: Supreme Court of India

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

appeal by the Division Bench of the High Court. The Official Trustee submitted that respondent No. 2 having not filed any by the High Court under Section 25 of the Official Trustees Act, 1913, herein referred to as 'the Act'.2. Under a view of respondent No. 2 having failed to take any action in pursuance of order dated May 2, 1986, passed by High Court under Section 25 of the Official Trustees Act, 1913, herein referred to as 'the Act'.2. Under a will executed In the matter of exercise of its supervisory jurisdiction under Section 25 of the Act the High Court has to be was treated and disposed of as an application under Section 25 of the Act which reads as under:Power of High Court

B. Muniswami Naidu Vs. the Official Trustee High Court and ors.

Court: Chennai

Reported in: (1980)1MLJ223

the Official Trustee, it will be the duty of the Official Trustee to take such steps and conduct himself in such filed.2. In view of one provision contained in the Official Trustees Act, 1913, it is not necessary to consider whether the In view of one provision contained in the Official Trustees Act, 1913, it is not necessary to consider whether the application view of one provision contained in the Official Trustees Act, 1913, it is not necessary to consider whether the application field application field by the appellant herein was maintainable or not. Section 25 of the Act states that the High Court may for the purpose of exercising its supervisory jurisdiction under Section 25 and for the benefit of the trust in question. So

Sm. Juthika Sircar and ors. Vs. Official Trustees of West Bengal

Court: Kolkata

Reported in: AIR1973Cal382

petitioners must pay the costs of this application to the Official Trustee which is assessed at 20 Gms. to be retained been made under Sections 25 and 26 of the Official Trustees Act, 1913 and Sections 34 and 36 of the Indian trust properties to them.7. Section 56 of the Indian Trusts Act. 1882 provides as follows:'The beneficiary is entitled to have the under Sections 25 and 26 of the Official Trustees Act, 1913 and Sections 34 and 36 of the Indian Trusts Act. person as he or they may direct. ..........................' Under this section the beneficiary who is competent to contract has the right made before me.2. This application has been made under Sections 25 and 26 of the Official Trustees Act, 1913 and Sections

Elias Meyer Free School and Talmud Torah and anr. Vs. the Official Tru ...

Court: Kolkata

this Court arising out of a suit filed by the official trustee in the year 1960 in respect of the 36-bigha such order is pending. The second appeal in the official trustees suit in respect of the 36-bigha plot stood dismissed by could not retain the land under Section 6(3)(g) of the Act. The court observed that unlike sub-clauses (a) to (e) of under Sections 25 and 29 of the Official Trustees Act, 1913. The first of the two sections empowers the High Court part of the official trustee. The petitioners instituted proceedings under Section 446 of the Companies Act, 1956 to seek setting aside (Tara Prasad Mukherjee v. Ganesh Chandra Mondal); (2003) 9 SCC 253 (WB Govt. Employees (Food & Supplies) Coop. Housing Society Ltd

Rahul Maheshwari Vs. Sheila Guha

Court: Kolkata

settled by this court. Following the wardens' request to the Official Trustee to concur in the agreement, the Official Trustee wrote reposed in them. Trust properties cannot be dealt with by trustees with even the remotest motive of personal gain. In particular, who is governed by the provisions of the Official Trustees Act, 1913, and the matters pertaining to the properties of the 1888 for the court's permission under Section 25 of the 1913 Act. Such application has long been dismissed for default in the joint tenants. Accordingly, in keeping with the ethos of Section 25 of the 1913 Act, the joint tenants are permitted joint tenants. Accordingly, in keeping with the ethos of Section 25 of the 1913 Act, the joint tenants are permitted to