Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 33 repeals Court: delhi Page 6 of about 366 results (0.082 seconds)

Mehta Teja Singh and Co. (Agencies) and Other Vs. Globe Motors Ltd.

Court : Delhi

Reported in : [1983]54CompCas883(Delhi)

..... though originally the petition was made against globe, the official liquidator contested the petition after the order of winding-up was made in may, 1977. ..... of contract : in the forefront of his argument counsel for the official liquidator submitted that the agreement dated 1st june, 1967 (ex. ..... says : 'if consent is not accorded to any contract under this section, anything done in pursuance of the contract, shall be voidable at the option of the board.' ..... kohli, chief accountant of the company, produced by the official liquidator, has categorically admitted that rs. ..... founding himself on this, the official liquidator says that though the matter was put to the general meeting of the shareholders they never passed the resolution adopting the contract or affirming ..... the order of winding-up, following two additional issues were framed at the instance of the official liquidator on december 5, 1978 : 5. ..... he has alleged breach of the provisions of the companies act but has not specified which particular provision has been breached. ..... view of this emphatic declaration it is impossible to hold that the firm was the agent or sole selling agent, as the official liquidator contends. ..... neither the article not the provisions of the act require the matter to be put to the shareholders ..... limitation : the official liquidator says that the present application is barred ..... this sense directors are trustee. ..... duty of good faith which fiduciary relationship imposes is virtually identical with those imposed on trustee. .....

H.L. Seth Vs. Wearwell Cycle Co. (India) Ltd (In Liquidation)

Court : Delhi

Reported in : [1988]64CompCas497(Delhi)

..... directed to receive scrapes for 4,038 equity shares and register their transfer in favor of misra; seth be directed to deliver the remaining 8,962 equity shares and 2,000 preference shares as per agreement dated november 28, 1984; the official liquidator be directed to give inspection of the factory premises to the applicants; the applicants be permitted to enter into correspondence with punjab national bank for settlement of the dues from the company to the bank; and ..... . 963 of 1985 is an application by misra and arneja filed on october 4, 1985, praying that the official liquidator be directed to register transfer of 13,000 equity shares and 2,000 preference shares in their favor under the provisions of section 536(2) of the act and the official liquidator be further directed to challenge the demand of tahsildar (sales) cum-managing officer, faridabad, wherein he has calculated the amount of interest in pursuance of the order dated january 15, 1985, of the division bench in lpa no ..... concerned.' '(4) since material portions of the transfer form given in regulation 19 of table a of the first schedule to the indian companies act of 1913 were under filled in,d the doctrine of `substantial compliance' with the required form could not come to the aid of the ..... company. again, like directors, he is often described as a trustee, but this appears to be equally inaccurate i this .....

Runu Ghosh Vs. C.B.i

Court : Delhi

..... in the entire provision, as is evident from the use of expressions such as "habitual acceptance" of "gratification" (section 13 (1) (a)); "habitual acceptance" of something for inadequate consideration knowing that to be so "in any proceeding or in connection with any official act of the public servant (section 13 (1) (b)); or if the public servant dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant (section 13 (1) (c)); or if the public servant, by corrupt or illegal means, obtains for himself or for any ..... the offence of criminal misconduct,-- (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or (b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been ..... this requirement is a constant reminder to the holder of that office that she or he is a trustee and custodian of public interest, and all decisions taken in that capacity are to be based on that factor alone. ..... the 1988 act repealed the pre-existing law. .....

Aryavarta Plywood Limited Vs. Rajasthan State Industrial and Investmen ...

Court : Delhi

Reported in : [1991]72CompCas5(Delhi)

..... ranganathan [1955] 25 comp cas 344, the supreme court was interpreting the provisions as contained in section 171, 229 and 232 of the indian companies act, 1913, as well section 232(1), as amended by act 22 of 1936. ..... in this case, the facts were that, by an indenture made in england on october 13, 1924, the company charged by way of first charge, in favor of the trustees, all its undertakings, properties and assets, for the time being, both present and future, including its uncalled capital with the payment of all moneys for the time being, owing on the security of ..... by the present application filed under sections 456 and 457 of the companies act, 1956 (hereinafter called 'the act'), read with rule 9 of the companies (court) rules, 1959, the applicant, namely, aryavarta plywood limited (in liquidation), through the official liquidator, has sought the following reliefs: '(a) issue ad interim ex parte stay injunction restraining the respondents from disposing of any goods of the company and/or land, building, plant and machinery and other goods housed ..... dated january 19, 1989, wherein it had stated that the corporation was taking steps to sell the assets of the company in order to meet its demand, and that the corporation even rejected the request of the official liquidator that he should be allowed to participate and give consultation in the matter of sale of the assets of the company. .....

Securities and Exchange Board of India (Trust Pet.No Vs. Crb Capital M ...

Court : Delhi

..... also regulation 41, which is titled, procedure and manner of winding up, and which has also been reproduced above, shows that while in the case of an open ended scheme, the trustee is obliged to call a meeting of the unitholders for authorizing the trustees or, any other person, to take steps for winding up the scheme; however, such a meeting is not necessary if the scheme is wound up at the end of its maturity period, i.e. ..... the last 16 years; and as prayed for by counsel for both parties; it would be in the fitness of thing if matters are now brought to a close with this court constituting a special committee to carry out the functions of the trustee and to proceed to wind up the scheme in terms of the aforesaid regulations 41 and 42 of the securities exchange board of india (mutual funds) regulations, 1996, with full power ..... with regard to the period before the appointment of the provisional administrator; it would be open to the authorities to proceed as per law, whilst at the same time, it would be open to the respondent nos.2 and 3, their directors and officials to take the defence on facts that they were either unable or prevented from compliance due to intervening orders of the court. ..... (ix) appoint statutory auditors of m/s crb asset management company limited and m/s crb trustee limited as required under section 224 of the companies act, 1956. ..... pertaining to that scheme from its office; and to surrender the same to the provisional administrator/official liquidator.23. .....

The Official Liquidator Majestic Financiers (P) Ltd. Vs. Hargurchet Si ...

Court : Delhi

Reported in : ILR1969Delhi839

..... it is possible that if the claims made in these petitions were against complete strangers, the court might come to the conclusion that it will be better to relegate the official liquidator to regular suits but where the persons against whom claims are made have been directors of the company, it would be more appropriate to determine the controversies on petitions which will be ..... doubted that in so far as the language employed in sub clauses (b), (c) and (d) of sub-section (2) of section 446 is concerned, the law as laid down by the supreme court must apply and it cannto but be held that it is open to the official liquidator to make applications fcr the purpose of any claims which may be made by or against the ..... in ex-parte dickin, in re pollard (2) in which it was observed that the court of bankruptcy, even if it possesses jurisdiction under section 72 of the bankruptcy act, 1869, to enforce a simple money demand by the trustee of a bankrupt's property against a third party (as to which quoere), ought nto to exercise the jurisdiction, but ought to leave the demand to be enforced by the trustee in an action in the ordinary way. ..... i think the only legitimate way to construe clause (a) and (b) of sub-section (2) of this section would be that although it is open to the official liquidator to file petitions before the companies court in respect of any claims, it is open to the company court to say, in view of the controversies that might arise or even the nature of the claim, that .....

Su-Kam Power Systems Ltd. Vs.mr. Kunwer Sachdev & Anr.

Court : Delhi

..... post registration2808/2018 view 18 tm-m(request for the inspection of the document under rule121 05/09/2018 view cs(comm) 1155/2018 page 43 of 77 intellectual property india government of india trade marks registry trade marks act, 1999 certificate of registration of trade mark, section 23(2) rule 62(1) trade mark no.1430351 date 09/03/2006 no.1441 certified that the trade mark/a representation is annexed hereto has been registered in the name(s) of su-kam power systems ltd; a company ..... fee. normally if a party undertakes to boost sales and use his expertise for this purpose on some minimum fee it is possible to say that there was a proper consideration the official liquidator's case in reply to the application for arbitration that none of these agencies including the respondents had ever dealt with steel products or had any experience in the line and ..... v. henderson, in which the lord president cites with approval the following passage from the judgment of the lord ordinary: whenever it can be shown that the trustee has so arranged matters as to obtain an advantage whether in money or money's worth to himself personally through the execution of his trust, he will not be permitted to retain, but be compelled to make it over to ..... ).8. thus it cannot be disputed that the fiduciary duties of directors are basically the same as those of other trustees and they are expected to display the utmost good faith towards the company whether their dealings are with the company or on .....

The Cpio, Supreme Court of India Vs. Subhash Chandra Agarwal and anr.

Court : Delhi

Reported in : 162(2009)DLT135

..... of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated; (b) publish within one hundred and twenty days from the enactment of this act: (i) particulars of its organization, functions and duties; (ii) the powers and duties of its officers and employees; --- (iv) the norms set by it for the discharge of its functions; ---(vi) a statement of ..... private body which can be accessed by a public authority under any other law for the time being in force; xxxxxx xxxxxx xxxxxx (j) 'right to information' means the right to information accessible under this act which is held by or under the control of any public authority and includes the right to- (i) inspection of work, documents, records; (ii) taking notes, extracts or certified copies of documents or records; ..... faithful integrity of another, who is a result gains superiority or influence over the first, (2) when one person assumes control and responsibility over another, (3) when one person has a duty to act or give advice to another on matters falling within the scope of the relationship, or (4) when there is specific relationship that has traditionally be recognized as involving fiduciary duties, as with a lawyer and a ..... that the declarations were submitted to the chief justice of india not in his official capacity but in his personal capacity and that any disclosure would be violate of ..... trustee/beneficiary (section 88, indian trusts act ..... 1913 .....

The Central Public Information Officer, Supreme Court of India Vs. Sub ...

Court : Delhi

Reported in : 2010(1)KarLJ383

..... a reasonable opportunity of being heard to the appellant.the appellant, if aggrieved by this order, is entitled to file a second appeal before the central information commission, new delhi under section 19(3) of the right to information act within 90 days from the date of communication of this order.after remission, the cpio rejected the application, stating as follows:in the case at hand, you yourself knew that the ..... that any trust had been created with respect to the suit money.the following kinds of relationships may broadly be categorised as 'fiduciary':trustee/beneficiary (section 88, indian trusts act, 1882)legal guardians/wards (section 20, guardians and wards act, 1890)lawyer/client;executors and administrators/legatees and heirsboard of directors/companyliquidator/companyreceivers, trustees in bankruptcy and assignees in insolvency/creditorsdoctor/patientparent/child.57. ..... the supreme court of india on may 7, 1997:resolved that an in-house procedure should be devised by the hon'ble chief justice of india to take suitable remedial action against judges who by their acts of omission or commission do not follow the universally accepted values of judicial life including those indicated in the 'restatement of values of judicial life'.resolved further that every judge should make a declaration ..... submitted that the declarations were submitted to the chief justice of india not in his official capacity but in his personal capacity and that any disclosure would be violate of the ..... 1913 .....

Chander Kanta Mishra & Anr vs.raj Sharma & Ors

Court : Delhi

..... eight distribution of trust upon death of grantor upon the death of the grantor, this trust (after the collection of any property which becomes payable to the trustee as a result of a bequest, devise, beneficiary designation or otherwise, and after payment of any claims, expenses, or taxes which the trustee determines should be paid from this trust in accordance with article seven) shall be distributed as follows: cm(m) 648/2019 page 6 of 9 (1) grantor may ..... convention, the following are deemed to be public documents: a) documents emanating from an authority or an official connected with the courts or tribunals of the state, including those emanating from a public prosecutor, a clerk of a court or a process-server ("huissier de justice"); b) administrative documents; c) notarial acts; d) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain ..... which are not in breach of the law relating to execution of the wills in force in india - section 63 of the indian succession act with regard to execution of the cm(m) 648/2019 page 5 of 9 will. ..... per dr.devika dauji shah (supra), one need to see if provisions of section 63 of the indian succession act are satisfied and if the will dated 21.05.2010 was signed by testator in presence of two attesting witnesses namely rick r medlock and mischelle robbins and if both the witnesses had .....