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 ..... the official trustee may be a corporation sole, but a corporation consisting of the official trustee is not 'owned or controlled by the state', under the provisions of the repealing act, the official trustee acts as a statutory authority and not as an agent of the state. ..... whether the custodian of evacuee property is entitled to such share in the trust properties as the fourth baronet may be held entitled to or to any part thereof.the learned single judge held that upon the passing of the repealing act the properties reverted to the estate of the first baronet by virtue of a resulting trust and that they would pass by succession according to the muslim personal law to the heirs of the first baronet on his death on may 29, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1928Bom69; (1928)30BOMLR177; 108Ind.Cas.495
..... on my inquiring as to the reason for the change, he mentioned that as official trustee the fees chargeable would be less and besides that, there was the government indemnity under the official trustees act ii of 1913. ..... that section a principal civil court of original jurisdiction can appoint new trustees under the circumstances therein mentioned, those circumstances broadly considered being similar to those mentioned in section 10 of the official trustees act.13. ..... the guardians and wards act was passed in 1890, and the official trustees act was passed in 1913, and if it was the intention of the legislature that the official trustee as such should be appointed also the guardian of the property of a minor, i think that intention would have been expressed by appropriate ..... davar in 1914, but that seems to me to be an order made under section 12 of the official trustees act. ..... comes section 12 of the official trustees act under which a donor or an executor or administrator or a trustee can transfer a gift or legacy or share of the assets of a deceased person to which an infant or a lunatic is entitled to the official trustee with his consent, and upon such transfer the property will vest in the official trustee and shall be subject to the same provisions as are contained in the act as to other property vested in the official trustee. ..... act xvii of 1843 was repealed by act xvii of 1864 which as amended from time to time was ultimately superseded by act ii of 1913, which is the present act .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal570
..... in 1864 the official trustee act (act 17 of 1864) was passed (now repealed by act 2 of 1913), by which property could vest in trust for charitable purposes other than religion. ..... on behalf of the deity, the assessee, the main argument is that the shebait does not come within the language of the specific classes of persons mentioned in section 41, namely (1) courts of wards, (2) the administrators-general, (3) the official trustees, (4) receiver or manager appointed by or under any order of a court, and (5) any trustee or trustees within the meaning of that section.12. ..... its attractiveness arises from the fact that section 41 is intended to reach representatives only like the courts of wards, the administrator-general, the official trustee, the receiver or manager or trustee. ..... hindu law of religious endowments, de-buttar, theology, metaphysics, the 'shastras', the vedas, the upanishads have all mixed inextricably with the income-tax act to produce this reference at the instance of the commissioner of income-tax, calcutta under section 66(1) of the act raising a fundamental question of large and far-reaching public interest, namely:'whether on the facts and in the circumstances of the case, the assessments on the deities through the shebaits under the provisions .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal379
..... of this apparent inconsistency is that section 6, married women's property act (act 3 of 1874) does not apply to the corporation sole which has been created under the provisions of the official trustees act of 1913; that is to say the official trustee mentioned in section 6, married women's property act is not the legal person referred to in the official trustees act of 1913, which is a corporation sole. ..... impression that the official trustee could not refuse a trust apparently imposed by section 6 upon him, but after further consideration it seems to me obvious that there are inconsistencies between the provisions of section 6, married women's property act and the official trustees act of 1913. ..... trustee has been properly appointed within the meaning of the section, and that it is not necessary to appoint the official trustee, that is to say, the holder of the office created under the provisions of the official trustees act of 1913 ..... of the official trustees act override in this respect section 6, married women's property act. ..... defendants have raised another point, namely that the learned judge had no power to make such an order under the terms of the section, and that the official trustee is the only person to whom the defendants are under any obligation to pay the money, if indeed the money has become payable ..... with regard to inconsistent statutes is that where two acts are inconsistent the later will be read as having impliedly repealed the earlier (craies on statute law, edn. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal169
..... in my view, irrespective of any particular official trustees act, if there is now an official trustee of bengal capable of receiving the money under clause 2 of section 6 that is sufficient. ..... my own view is that even if the act of 1864 had been wholly repealed saving the existence of the official trustee, nevertheless section 6(2), remains. ..... while therefore i should under ordinary circumstances have had great hesitation in differing from the learned judge, i feel myself at liberty to agree with his first impression and to hold that section 6(2) applies and that the official trustee, unless the other trustees are appointed, is the person to receive the fund and bound to hold it upon the trusts created. ..... in my view the official trustee under the old act is not of a different species of being from the official trustee under the later act of 1913. ..... there had been earlier acts relating to the official trustee as there is now a later act of 1913.4. ..... in point of fact, and this point was never argued before the learned judge, by reason of the general clauses act, section 8, we have to read in the third clause of section 6, married 'women's property act, for the act of 1864 the act of 1913. ..... shortly put, my view is as follows: before the act of 1913, clause 2 of section 6, married women's property act was quite sufficient. ..... this view was based on a comparison between the official trustees act of 1864 and the official trustees act of 1913. ..... but what has the act of 1913 done? .....
Tag this Judgment!Court : Chennai
Reported in : (2008)4MLJ680
..... taking into consideration the need of the time to start the institutions in bio-technology and information technology for the poor and downtrodden as well as socially and economically weaker sections and the desire expressed by the official trustee to commence such institutions in the lands in question, the official trustee is permitted to approach the experts in the fields of bio-technology and information technology to obtain opinion and technical know-how to start relevant job-oriented institutions in the ..... xxxviii indian law reports 1134, while dealing with the consequence of an order of probate under the administrators general act, 1913, held that:a grant of letters of administration under section 20 of the administrator-general's act to the administrator general in respect of the estate of a deceased hindu vests the estate in the administrator general and enables him to dispose of immovable property without the consent of the court ..... court probating the will dated 21.5.1948, all the properties - both movable and immovable of the deceased, whether exempted or otherwise vest with the agot by operation of law under the provisions of the administrators general act, 1913, which stands repealed by the administrators general act, 1963 and therefore, the question of proving ownership and title does not arise;iii. ..... the petitioner is the statutory authority under the provisions of administrators general act, 1913 (act 3 of 1913), which is now repealed by amendment act of 1963, viz. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All350
..... there is no such order in the present case appointing the official trustee as sole executor consequently the submission made on behalf of administrator general to administer the estate of the deceased in his capacity as the official trustee under the official trustees act, 1913 cannot be accepted.14. ..... that apart, as there is no application as envisaged under section 10 of the official trustees act for appointment of the official trustee for managing the trust, as already seen above, the application was filed for grant of letters of administration by the administrator general. ..... that apart allegations have been made regarding mis-appropriation of the trust property against sharad chand and sanjay kumar sons of the alleged deceased managing trustee, it is apparent therefore, that the trustees are incapable of acting in the interest of the trust and consequently the provisions of section 10 of the official trustees act are attracted. ..... if it is taken that under section 7 of the administrator general act, the petition would not he maintainable as the next of kin are available and the case for grant of letters of administration with the will annexed is pending before the court below yet by virtue of the provisions of section 10 of the official trustees act, this court is empowered to grant letters of administration to the administrator general as official trustee he-cause the property in question is subject of a trust and the trustees are not capable to act for the benefit .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal411
..... provisions of the religious part of the trust being performed by the heirs of the settlor, takes the instant case out of the provisions of section 7(5) of the official trustees act and the said section is no impediment to the official trustee acting as trustee in the instant case. ..... section 7(5) operatesas a bar to the official trustee in acting as trusteeunder the instant trust, less than two trustees are incompetent in terms of the instrument to exercise the function of trustee for a period more than three months and as such phani ghose alone was competent in law to appoint hem chandra' as trustee. ..... section 7(5) of the official trustees act reads as follows:-'the official trustee shall not save as provided in the rules made under this act ..... contention that the official trustee suffers from the disability to become a trustee of the instant trust under section 7(5) of the official trustees act. ..... the surviving trustee under section 71(c) of the official trustees act. ..... renounce executorship and do not apply for probate of this will within 8 months from the date of my death then and in any of such events happening the official trustee of bengal shall become the executor and trustee of this my will and sole trustee of the said debutter and charitable institution to be created and established as aforesaid in which case my heir or heirs for the time being shall be the shebait ..... settlor will act as she-bait and perform the religious trust only under the supervision of the official trustee.11. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2005(11)SC277; 2004(10)SCALE22; (2005)1SCC457
..... high court on the above findings and conclusions modified the decree granted by the courts below and directed that as the property belongs to a public trust with no scheme provided for its management through appointed trustees, the administrator-general under act 45 of 1963 and official trustees act 1913 should take over the management of the trust.8. ..... section 10 of the official trustees act from its contents shows that it is applicable only in relation to a property subject to a trust for which there is no trustee available within the local limits of the jurisdiction of the high court. ..... charitable endowments' means all property given or endowed for the benefit of, or used as of right by, the hindu or the jain community or any section thereof, for the support or maintenance of object of utility to the said community or section, such as rest-houses, choultries, patasalas, schools and colleges, houses for feeding the poor and institutions for the advancement of education, medical relief and public health or other objects of alike nature; and includes ..... the commissioner appointed under section 9 of the state act and other authorities under him like joint, deputy and assistant commissioner as his delegates have been conferred with ample powers under chapter iii particularly sections 23 & 24 to take necessary steps for maintenance and management of all 'religious endowments' within the state to which the provisions of the state act are applicable. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(14)SCALE285
..... interpretation and application of the provisions of sections 25 and 26 of the official trustees act, 1913 (for short, 'the 1913 act') as also section 302 of the indian succession act, 1925 (for short, 'the succession act') falls for consideration in this appeal, which arises out of a judgment and order dated 21.12.1999 passed by a division bench of the ..... respondent, on the other hand, would submit: i) the official trustee never raised any objection as regards the purported inherent lack of jurisdiction of the calcutta high court under section 302 of the succession act and, thus, at this distant time cannot be permitted to turn around and raise the said question.ii) the judgment of the high court having been acted upon and the official trustee being bound thereby, it cannot now be permitted to ..... of the official trustee to deal with the property in any manner, he thought it fit, subject, of course, to any direction which could be issued by the high court in exercise of its jurisdiction under section 302 of the succession act and section 13 of the 1913 act. ..... it, inter alia, opined : (i) the high court had jurisdiction to entertain the said application under section 302 of the succession act; (ii) the company had the requisite locus standi to maintain the application; (iii) the official trustee having accepted the said judgment and the deed of lease having been executed in favour of the company, it was estopped and precluded from raising the question of the court's jurisdiction in .....
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