Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 33 repeals Court: delhi Page 1 of about 366 results (0.177 seconds)

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

Court : Delhi

..... 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. ..... wali mohammed -vs- rahmat bee, (1999) 3 scc 145 where their lordships have held that keeping in perspective "the explanation to section 10 of the limitation act, 1963 the respondent's father who was managing the property has to be "deemed" to be a trustee in whom the properties vested specifically and inasmuch as the respondent was a donee and was not a transferee for valuation consideration, section 10 applies and possession could be recovered from the defendant without any limitation as to time". ..... 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 ..... are summary in nature and, therefore, routine and uncontested directions can be passed under section 302 of the succession act (see arya parti nidhi sabha -vs- om prakash, air 1934 lahore 120). mr ..... for the passing of a mandatory injunction or, in the alternative, for the appointment of a trustee under sections 49, 59 and 60 of the indian trusts act, 1882. ..... answer is given by the court as to the coming into existence or otherwise of a trust, of which defendant no.1 is the sole trustee, a final decision under section 301 cannot obviously be given. 15. .....

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. ..... procedure be adopted, the official trustee holds the trust property on the same trusts as before: see sections 10(2) and 11(2). ..... this reason i think it is appropriate that a copy of this order be sent to the official trustee to enable him to decide whether he would wish to move under section 10. ..... (16) searching for the law on my own, has revealed other kpal aspects requiring consideration' section 34 of the indian trusts act 18s2 enables the trustees, on a petition moved for the purpose, to obtain the 'opinion, advice or a direction' of a court 'on any present question respecting the management of administration of the trust ..... 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' .....

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 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 ..... he is not entitled to say that it, any part of it, is clear and unambiguous.official trustee west bengal and ors. v. ..... regard to the effect of a repeal of the act, they continue to be subject to the operation of section 24 of the general clauses act.the apex court held that coal mines regulations, 1926 continued to be in force even after the repeal of the mines act 1923 under which they were framed and were to be deemed to be regulations made under the mines act 1952 which was re-enacted with modifications on repeal of 1923 act.in the case of kali pada ..... court's decision in the case of official trustee west bengal and ors. v. ..... 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. ..... rule 173a, inter alia, provided that the provisions of chapter viia shall apply to such excisable goods as the central government may, by notification in the official gazette, specify in this behalf, and where there is a conflict between the provisions of chapter viia and the provisions contained in any other chapter, in relation to such excisable goods, the provisions .....

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

Court : Delhi

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

..... ' it further provides that unless special trustees are appointed, the sum secured shall be paid to the official trustee. ..... under this section and said section 6 shall be deemed not ..... (5)section 39 does not apply to policies under section 6 of the married women's property act, 1874 except where the nomination purports to be under section 39 of the act and not under the said section 6. ..... (7) the provisions of this section shall not apply to any policy of 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 ..... (1) suadrshan kumar sehgal took out three policies of insurance on his life, two in 1958 and one in 1959 in which he nominated his father dwarka dass sehgal under section 39 of the insurance act, 1938 (herein called 'the act'). .....

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

Court : Delhi

..... 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 ..... the official liquidator vide order dated 06 th may, 2005 rejected the appellant's claim as secured creditor on the ground that the appellant's charge was not registered under section 125 of the companies act, ..... law is clear on the matter as held in uco bank case [(1994) 5 scc 1] that section 529-a will override all other claims of other creditors even where a decree has been passed by ..... (1998) 5 scc 401 wherein it has been held as under:-"though as a consequence of non-registration of charge under part v of the act, a creditor may not be able to enforce the charge against the properties of the company as a secured creditor in the event of liquidation of the company as the charge becomes void against the liquidator and ..... 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 ..... the official liquidator filed application 21st march, 1983 seeking to ..... official ..... official liquidator ..... official liquidator .....

Oriole Exports (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)40ITD121(Delhi)

..... assessee had intimated the customs authorities of its relinquishment of its title to the goods in december 1983, the assessee had claimed this value of the imported material and the expenses incurred on importing as a loss.section 48 of the customs act, 1962 provides that any goods which is brought into india from out of india and not so cleared for home consumption or warehoused or transhipped within two months from the date of unloading at a customs station ..... while doing do, the board is expected to give a show-cause notice to the owner of the goods if the address is available and if the address is not available cause a notice to be published in the port gazette or in the official gazette, as the case may be and in at least one of the principal local daily newspapers mentioning therein that the goods are liable to be sold by public auction or by tender etc. ..... in the instant case the act of relinquishment was made in accordance with the provisions of section 48 of the customs act by which act of relinquishment the customs authorities derive the right of disposal of the goods, recover the customs duty from the purchaser, etc. ..... the assessee felt the crunch to such an extent that it was compelled to surrender the goods and accordingly it intimated its decision relinquishing its title to the imported goods as provided in section 48 of the customs act, 1962 to the customs authorities in november/december 1983. .....

Narinder Lal Seth Vs. State and anr.

Court : Delhi

Reported in : 1994IIIAD(Delhi)701; 55(1994)DLT252; 1994(30)DRJ534

..... in the alternative it is urged that at best the petitioner can be convicted for offence under section 5 of the official secrets act for which the maximum punishment is three years. ..... he is undergoing trial for offences under sections 3, 5 and 9 of the official secrets act of 1923 read with section 120b of the indian penal code. ..... (1) the petitioner has filed the present application under section 439 of the code of criminal procedure for grant of bail. .....

K.P. JaIn Vs. S.K. Gupta and ors.

Court : Delhi

Reported in : [1978]48CompCas774(Delhi); ILR1976Delhi291

..... 8, 1976, the appellant jain made an application to the company judge under section 392 of the companies act 1956 (the act) read with rule 9 of the companies (court) rules 1959 (the rules ..... gupta moved their own petition in the company court under section 392(1) of the act read with rules 9, 86 and 87 of the rules for 'appropriate modifications and directions in the scheme sanctioned' by the court ..... '(18) the company judge took the view that under section 94 of the indian trusts act 1882 a constructive trust had come into existence between the transferor dfm and the ..... (56) the supreme court has ruled that the expression 'order or decision' used in section 483 does not mean every order or decision but only such order or decision as involves the determination of any right or ..... the scheme and pattern of this group of sections (391 to 395) headed 'compromises, arrangements and reconstructions'' (chapter v) is also clear from the fact that under section 392(2) the court is given power to make an order of winding up if it is satisfied that the compromise or arrangement sanctioned under section 391 cannot be worked satisfactorily with or without modifications ..... to me extremely important not to throw any doubt on the principle that companies have nothing whatever to do with the relations between trustees and their cestui que trust in respect of shares of the company. ..... shah, official liquidator (1976) ..... found to be cumbersome and unworkable under the act of 1913. ..... the official liquidator if the .....

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 requirements of state ..... 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. ..... (5) a preliminary objection has been taken that iamr is only a society registered under the societies registration act and is not 'other authority' within the meaning of article 12 of the constitution and as such the writ petition does ..... on the other hand, there are provisions in the electricity supply act which clearly show that the powers conferred on the board include power to give directions, the disobedience of which is ..... the circumstance that the board under the electricity supply act is required to carry on some activities of the nature of trade or commerce does not, thereforee, give any indication that the board must be excluded from the scope of the word 'state' as .....

Jagan Nath Sayal Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD1a(Delhi)

..... clause 3(1) of the memorandum of association and the directors shall carry the same into effect with full powers nevertheless at any time and from time to time to agree to any modification thereof subject to the provisions of section 99 of the indian companies act, 1913. ..... , the learned counsel argued that the directors of dse can act legally in two capacities; (a) as directors of the company performing their obligations as directors and (b) as trustees performing their functions for holding the property under trust and legal ..... often he has power to do an act in an official or representative capacity when he would have no power to do the act in his private capacity or on his ..... (v) if a corporate member commits an act of insolvency resulting in a winding up action and the appointment of a provisional liquidator, or official liquidator or receiver of the corporate member being appointed.rule 44(e), inter alia, deals with the termination of a corporate member, rule 44(e) is as follows :- on the winding up or insolvency of a corporate member or the appointment of the official liquidator, or a provisional liquidator or receiver, the corporate member or such official liquidator, provisional liquidator or receiver shall not be entitled to carry on business of a broker or contribute as a member of ..... (v) if a corporate member commits an act of insolvency resulting in a winding up action and the appointment of a provisional liquidator, or official liquidator or receiver of the corporate member .....