Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 33 repeals Court: allahabad Page 6 of about 178 results (0.083 seconds)

Hamid Khan Vs. Official Receiver

Court : Allahabad

Reported in : AIR1980All131

..... of the explicit and all embracing language of sections 68 and 75 of act v (5) of 1920 it cannot be maintained that the insolvent can never apply to the court under section 68 questioning the acts of the official receiver or appeal under section 75 from an adverse order of the court passed on such application .....the argumentum ab inconvenientiwhich loomed large in english decisions does not justify us in departing from the plain language of sections 68 and 75. ..... the insolvent's rights to the surplus estate or the proceeds of the estate after paying off the debts and to obtain an annulment of the adjudication or an absolute discharge under sections 41 and 42 of act v (5) of 1920 by payment of eight annas in the rupee, is prejudiced and theinsolvent is an 'aggrieved person' 'we are in complete agreement with the line of reasoning adopted ..... is as to whether after a receiver has been appointed of the property of the insolvents and it has come to vest in him, an objection against an act of the receiver is maintainable at the instance of the insolvents under section 68 of the act and if so whether on allegations such as those on which the applicants challenged the auction sale held by the receiver. ..... learned counsel for the opposite parties on sakhawat ali's case wherein it was held that,'as a matter of law, during the administration of an insolvent's estate, an insolvent has no legal interest in the property vested in the trustee, and no locus standi in the administration of the estate. .....

Mirza Hidayat Beg Vs. Seth Behari Lal

Court : Allahabad

Reported in : AIR1941All225

..... of the bequest in the codicil is, as to whether this is a good charitable bequest of the testator, by which these stocks, funds and securities are given to trustees 'upon trust to apply and appropriate the same in such manner as the said trustees or trustee shall, in their absolute and uncontrolled discretion, think proper and expedient, for the benefit, advancement and propagation of education and learning in every part of the world', and ..... act, (act 4 of 1882), section 18 and income-tax act (act 11 of 1922), section 4, sub-section ..... lastly, he contends that the settlor directed that the education should be free from official restrictions and management which impliedly excludes the jurisdiction of court for all purposes including maladministration and indicates that the settlor wanted his trust not to be administered by court at all ..... further do not consider that the court's jurisdiction to supervise the trust was excluded by the settlor; the direction as to official restrictions or official management was, in our opinion, intended for a different purpose altogether. ..... the second direction is that national education should be free from official control and restriction and should be in vernacular and should inter alia stimulate 'spirit of nationalism, love ..... the congress and for the propagation of which educational schools existed in the country and its special features in the conception of the settlor were that it was to be free from official restrictions, free from official management. .....

CaptaIn Jagdish Chandra Varshney Vs. Smt. Muni Varshney and anr.

Court : Allahabad

Reported in : AIR2006All347

..... university case : air1950all196 (supra) in this case chief justice malik was hearing the letters patent appeal againat the order of learned single judge dismissing the application under section 276 of the act filed by banaras hindu university for letters of administration as universal legatee under will dated 14-1-1943 left by ram dutt das, who died on 11-3-1943. ..... section 5 of the societies registration act 1860 provides that the properties movable and immovable belonging to the society registered under the act, if not vested in trustees, shall be deemed to be vested for the time being in the governing body of such societies and in all proceedings civil and criminal may be prescribed as the property of the governing body ..... section 223 places restriction upon a minor or a person of unsound mind or any association or individual to be granted probate unless it is a company which satisfies the conditions prescribed by rules to be made by the notification in the official gazette ..... under the societies registration act is an association of individuals distinct from a company, which satisfies the conditions prescribed by rules to be made by the notification in the official gazette of the state ..... letters of administration cannot be granted to any person who is minor or is a unsound mind nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by notification in the official gazette by the state government in this behalf.12. .....

Sunni Central Board of Waqf, U.P. Vs. Sirajul Haq Khan and ors.

Court : Allahabad

Reported in : AIR1954All88

..... provided in section 4 of this act that within three months of the commencement of this act the state government shall by notification in the official gazette appoint for each district a gazetted officer, either by name or by official designation, for the purpose of making a survey of all waqfs in such district, 'whether subject to this act or ..... claim of inayatullah, the learned settlement officer came to a definite conclusion, that it was cle'ar beyond all doubts that the proprietary right in the endowed property rested neither in the appropriator nor in the trustee.he also came to the conclusion that the grant of village singha parasi which had been made to the dargah was dedicated to the service of god and that the government of the day which made' ..... learned counsel for the respondents has laid great stress on the words 'in any way' and has argued that these words were wide enough to prohibit the trustees from bringing the present suit till the judgment of the civil judge dated 16-10-1941, had been set aside by the chief court in 1946.the ..... had been passed on 16-10-1941, by the civil judge the successful party asked the court for the issue of notices to the trustees who had been removed to restrain them from interfering in any way in the affairs of the dargah ..... point which was raised in arguments on behalf of the respondents is that that committee of management and the board of trustees was not a committee of supervision and it was not open to the defendant to threaten their removal .....

Abdul Shakur and ors. Vs. Kotwaleshwar Prasad and ors.

Court : Allahabad

Reported in : AIR1956All403

..... the decree and to hold that in spite of the decree there was no consideration for the debt.the insolvent may be bound by the decree but not the other creditors nor the official receiver, and section 4, provincial insolvency act expressly confers powers upon every insolvency court to decide all questions of any nature whatsoever which may arise in any case of insolvency coming within its cognizance. ..... the power on the hearing of a bankruptcy petition to go behind the judgment and to inquire into the consideration for the judgment debt, not-only at the instance of the trustee, but also at the instance of the judgment-debtor himself'.in 1907-1 kb 155 (y) the official receiver rejected, the proof of chatterton, a creditor of the insolvent van laun, on account of his refusal to supply dates and items of the sums agreed by the insolvent. ..... ', (1885) 16 qbd 315 (d), it was held:'the count of bankruptcy has power to go behind a judgment and inquire into the consideration for the judgment debt, not only at the instance of the trustee in the bankruptcy of the debtor upon the question of the proof of the debt, but also at the instance of the judgment debtor himself upon the hearing of a petition by the judgment creditor for a ..... bankrupt, no covenant given by or account stated with him can deprive the trustee of this right. ..... the trustee's right and duty when examining a proof for the purpose of admitting or rejecting it is to require some satisfactory evidence that the debt on which the proof is .....

Hafiz Mohammad Zafar Ahmad Vs. U.P. Sunni Central Board of Waqf and an ...

Court : Allahabad

Reported in : AIR1965All333

..... undersection 54, or (ii) is convicted of an offence relating to thewaqf property or money which, in the opinion ofthe board, renders him unfit to continue as mutwalli, or (iii) is convicted of an offence involving moral turpitude or is required to furnish security under section, 109 or section 110 of the code of criminal procedure, 1898 (act v of 1898), or (iv) wrongly destroys or alienates any waqfproperty, or (v) is adjudged insolvent, or (vi) is, in the opinion of the board, unfit to discharge the duties of a mutawalli owing to any physical or mental disability, or moral delinquency, or (vii) is guilty ..... the custody of the property such as the custodian has, or the right to manage the property such as the manager possesses, or the right to administer the trust property for the benefit of the beneficiary which the trustee can do, cannot be regarded as a right to property under article 19(1)(f) and for the same reason, it does not constitute property under article 31(2). ..... under section 6 of the act survey of waqfs has to de done and a report of enquiry has to be submitted to each of the boards and the state government and the state government is required, as soon as possible, to notify in the official gazette the waqfs relating to particular sect to which, according to such report, the provisions of tne act apply. ..... rahim bux died in 1913 and left a son hafiz mohd. .....

Allahabad High School Society, Allahabad Through Its Secretary C.V. In ...

Court : Allahabad

..... any books of account and other records of or relating to the society which are in his custody and to give him all assistance in connection with such inspection or investigation (3) the registrar or other person appointed under sub-section (1) may call upon and examine on oath any officer, member or employee of the society in relation to the affairs of the society and it shall be the duty of every officer, member or employee, when call upon, to ..... 13a power of registrar to apply for dissolution:- (1) where in the opinion of registrar, there are reasonable ground to believe in respect of a society registered under this act that any of the grounds mentioned in clauses (a) to (e) of sub-section (1) of section 13b exists, he shall send to the society, a notice calling upon it to show cause within such time as may be specified in the notice why the society be not ..... copy of the same were sent for registration before the assistant registrar, firms, societies and chits, allahpur, allahabad on 29.05.2007 and on presentation of the aforesaid papers, the assistant registrar made an endorsement directing the official concerned to examine the amendments and submit the same along with his comments ..... -- the governing body of the society shall be the governors, council, directors, committee, trustees or other body to whom by the rules and regulations of the society the management of its affairs is entrusted. ..... if the society is a trust, the appointment and removal of trustees and their powers and duties .....

Durga Prasad and ors. Vs. Official Liquidator, Banaras Bank Ltd.

Court : Allahabad

Reported in : AIR1959All196

..... section 183 of the act of 1913 then provides that subject to the provisions of that act the official liquidator of a company which is being wound up by the court shall in the administration of the assets of the company and in the distribution of those assets among the creditors have regard to, inter alia, any directions that may ..... it is not seriously disputed that under the english law a member of a committee of inspection is in the position of a trustee for sale, but it has been argued that under indian law the position is different. ..... by section 20 of the english bankruptcy act, 1914, a committee of inspection is appointed 'for the purpose of superintending the administration of the bankrupt's property by the trustee in ..... :'under the bankruptcy act, 1914, section 20, provision is made for the creditors qualified to vote, at their first or any subsequent meeting by 'resolution, to appoint a committee of inspection for the purpose of superintending the administration of the bankrupt's property by the trustee. ..... , taking that definition of their functions and their luties, it would appear, on general equitable principles, that they would be, like any other trustees in that position, debarred from buying, or trafficking in the trust property.'8. ..... means that they are appointed for the purpose of carrying out, or rather assisting the trustee in carrying out, the administration and the realisation of the insolvent's property, and they are, therefore, in the position of trustees for sale. .....

Khalil Ahamad Khan Vs. Malka Mehar Nigar Begum and ors.

Court : Allahabad

Reported in : AIR1954All362

..... property was again denned as meaning any property in which an evacuee has any right or interest (whether personally or as a trustee or as a beneficiary or in any other capacity, and section 11(2) of this act provided that the property forming the subject-matter of 'wakf-alal-ausad' was to vest in the custodian subject to the rights of the beneficiaries under the 'wakf, if any, who are not evacuees; and where ..... or charitable nature, the property shall remain vested in the custodian only until such time as fresh trustees are appointed in the manner provided by law, and pending the appointment of fresh trustees the trust property and the income thereof shall be applied by the custodian for fulfilling, as far as possible, the purpose of the trust.explanation : in this sub-section 'property in trust for a public purpose of a religious or charitable nature' includes a public waqf and the ..... ) under the mussalman wakf validating act, 6 of 1913, waqf means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable. ..... section 5 of this ordinance was as follows :'the central government may, by notification in the official gazette, appoint a person to be the custodian general of evacuee property in india for the purpose of discharging the duties imposed on the custodian-general by or under this ordinance. .....

irfan Ali and ors. Vs. Official Receiver and ors.

Court : Allahabad

Reported in : AIR1930All837

..... of opinion that a mere use of the word 'wakf,' in a deed, after the passing of the act 6 of 1913, cannot necessarily imply a dedication to the poor. ..... the musalman wakf validating act (act 6 of 1913), gives a definition of ..... of the insolvency court, instituted the suit out of which this appeal has arisen, with the object of obtaining a declaration that the property was wakf and could not be touched by the official receiver for the benefit of the creditors of ali ahmad.6. ..... be correct, can it be said, with any justification, that the mere use of the word 'wakf' will operate to make the document a valid dedication, in law, which means, again, the act 6 of 1913. ..... desire to settle the matter, once for all, and it would do to say thereafter that, on a true interpretation of the mahomedan law, a document creates a good wakf, although it cannot create a good wakf under act 6 of 1913. ..... 4 of the wakf deed provides that the trustees or mutawallis would pay the government revenue payable on the property, meet the expenses of repairs and other expenses required for the maintenance of the property, pay the wages of the employees ( ..... then in section 3 the law provides that it shall be lawful for any person professing the musalman faith to create a 'wakf' which in all other respects is in accordance with the provisions of the mahomedan law ..... be an accumulation of property without any definite object which is countenanced neither by the mahomedan law nor by the anglo-indian law, namely section 18, t.p. .....