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 act xvii of 1843 was repealed by act xvii of 1864 which as amended from time to time was ultimately superseded by act ii of 1913, which is the present act .....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 : Chennai
Reported in : 34Ind.Cas.602; (1916)30MLJ415
..... srinivasagopalachariar, contends that the effect of the making of the adjudication order was to vest all the properties of the insolvents in the official receiver under section 16 of the provincial insolvency act, that the official receiver is alone entitled to administer the estate, and that the district judge was in error in holding that the trustees were 'transferees in good faith and for valuable consideration. ..... a responsibility therefore taken by a person to whom properties are transferred in consideration of his taking such onerous work seems to me to fall within the expression 'valuable consideration' found in section 38 and section 38(c) of the provincial insolvency act, hence the three creditors who undertook to be trustees of the insolvents' properties for the benefit of all the creditors and have admittedly been discharging the duties of trustees do come in my opinion within the protection afforded to transferees for valuable consideration' in sections 36 and 38.2. ..... ') in the bankruptcy act of 1883, section 4(1)(a), 46 and 47 viet, the expression is 'he makes a conveyance of property to a trustee or trustees for the benefit of his creditors ..... far as experience goes, it is the practice in the mofussil to forward insolvency petitions presented by debtors to the official receiver, and after the adjudication order, the properties are treated as having vested in the official receiver, no order appointing a receiver being passed by the court under section 18 of the act.20. .....
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 : Kolkata
Reported in : AIR1941Cal272
..... on that basis my opinion remains, that the court had jurisdiction to order the conversion that the order was proper, and that notwithstanding the contentions with regard to the official trustees act it was an order which could be made both upon the application and in proceedings analogous to the administration proceedings, and that they are not vitiated by reason of want of 'separate representation ..... the order vested or purported to vest the income-bearing pro-parties in the official trustee the income of which he collected from that day until 1912 or 1913 and which he made over to the person who was senior shebait and, so to speak, senior heir under the arrangement embodied in the ..... roy contends that in the ease of partial debutter we have the transfer of property act and nothing else, that section 39 applies, that having regard to section 39 the question of bona fides or want of notice has no effect; especially having regard to the fact that this charge was created by decree and that in such circumstances the court's order directing ..... not appear to me on consideration, that questions of limitation are of prime importance, the main question being whether on the facts of this case the charge after 1913 operated on against the houses, or was transferred to the sale proceeds, or whether by what took place the transferees took free of the charge.19. ..... true section 1, trusts act, made applicable to bengal in 1913, does not apply to religious or charitable trusts whether hindu, .....
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 : Mumbai
Reported in : (1940)42BOMLR315
..... the official trustees act, 1913, was amended by the government of india (adaptation of indian laws) order, 1937, which was made by virtue of section 293 of the government of india act, 1935, and came into force on april 1, 1937. ..... in the present suit the appellants seek an order for appointment of the official trustee of bengal to be trustee of the estate of one alexander john forbes deceased under the provisions of section 10 of the official trustees act (act ii of 1913), or, alternatively, for appointment of the said official trustee under section 35 of the indian trustees act, 1866. ..... decision would in all probability have been otherwise than what it was...the question whether the court can appoint the official trustee of bengal as trustee over properties outside the province seems to depend upon the provisions of section 3 as amended by the order in council and section 10 of the) official trustees act...in other words, we think that under the provisions of the act as it now stands this court is not entitled to stretch its arms, if i may use the expression, beyond the territorial limits ..... this petition was essentially and primarily concerned with' the appointment of the official trustee as such and the matter is one which quite clearly falls to be decided under the provisions of the official trustees act and that act alone.5. ..... banerji sought tot argue that there is ample power in the; courtunder the general provisions of the indian trustees act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1910)ILR37Cal387,6Ind.Cas.973
..... justice chitty took an erroneous view of the position of the official trustee under the official trustee's act, it cannot, in my opinion, be said that he made an order as to which he had no jurisdiction. ..... further, the court has discretion under section 50 of the probate and administration act to revoke or annul the grant of probate. ..... , and it is not disputed, that during the three years that have elapsed since the grant of probate many transactions have taken place, so that serious questions might possibly arise, notwithstanding the saving provision of section 8i of the act, were the grant now to be cancelled.3. ..... there is no dispute as to the facts, and the only question is whether this is a case where the court, under section 50 of the probate and administration act, ought to revoke the probate that has been granted. ..... further, i think this is not a case where it would be convenient to exercise the power of revocation and annulment given by section 50 of the probate and administration act to the court. ..... there was no defect, therefore, in the proceedings within the meaning of section 50 of the probate and administration act. ..... there was, therefore, no defect in respect of subject-matter, or parties, or the nature of the proceeding, so that i am of opinion that the case does not fall within section 50 of the probate and administration act. .....
Tag this Judgment!Court : Kolkata
Reported in : (1904)ILR31Cal761
..... in adjudicating the debtors bankrupts with the resultant vesting of their property by operation of law in the official receiver in the first instance, extended to the personal assets of the debtors in this country in such sense that this court would be powerless to interfere with the assets in the country (except upon a request of the trustee made under an order under section 118 of the bankruptcy act 1833) and that no rights under its vesting order could pass to the ..... is correct, the contingent or reversionary interest of the official assignee here took effect, and, unless the fact that the property of the insolvent had, previously, on the vesting order, in bombay being discharged, if not before, vested in the official receiver as trustee under section 54(1) of the bankruptcy act 1883 made it impossible, all the assets, future as well as present, in this country became vested in him. ..... by the bankruptcy court in england under section 118 of the bankruptcy act, 1888, it would doubtless readily listen to the request and consider not only whether the assets now in the hands of the official assignee should not be made over to the trustee, but whether the order of adjudication should not be rescinded, but i am unable now, on the grounds which have been urged before me to make any order directing the official assignee to make over these assets.30. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1929Mad105; 114Ind.Cas.825; (1928)55MLJ873
..... liability of the official trustee in bankruptcy who corresponds to the official receiver appointed under the provincial insolvency act.14. ..... the appellant points out, that both these were cases not of the official trustee but of a trustee appointed by the creditors, but that really makes no difference in principle. ..... little more to be said because no general principle is involved in such a question; but if the observations made by the learned judge are to be relied upon as the appellant contends as supporting the contention that if the official assignee or official receiver acts bona fide in prosecuting or defending an ordinary litigation against a third party, he should not be made personally liable for costs, its correctness is open to question as it is in conflict not only with the decision of mr. ..... has got his right of indemnity, for what it is worth, against the assets of the estate, but if in a case of this sort assets of the estate are insufficient to give a proper indemnity to the official assignee, then the official assignee before starting these proceedings, must approach the creditors or somebody and get a guarantee or an indemnity from the people or whose behalf the motion is to be brought; but it is quite impossible that a person against ..... 482 a plea which rested on section 20 of the bankruptcy act of 1869 was rejected on the ground that that section does not mean that the trustee under that act cannot be made personally liable for costs ..... official receiver, ex parte (1913 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad731; 79Ind.Cas.92
..... if the underlying principle on which section 36 of the indian trusts act is based should bedeemed to apply to hindu religious trusts and to control the powers of such trustees in dealing vested immoveable properties vested in them there an be very little doubt the lease would not be binding on the trust, as it would be in excess of the period prescribed and would not be, at the same time, reserving the ..... these appeals and petitions coming on for final hearing on friday the 14th december 1923, after the submission, by the official before, of the report called for herein, upon perusing the petitions and the affidavits filed in support thereof, the judgment delivered on the 5th january 1923 in c.c.c. ..... on an attempt to eject the petitioners by the respondent, the petitioners under the madras act, iii of 1922, which had come into operation meanwhile, claimed to purchase the respondent's interest and the matter was referred to the official referee to determine what the value of the respondent's interest in the land was.56. ..... it has been held by the official referee that the second 21 years, that is to say, the option period, is not to be taken into consideration in arriving at the compensation, because in his view that option is bad in law on the ground that the trustee had no power to enter into a lease for that period, as he looks upon it as a lease for a period of 42 years with liberty to the tenant to determine it at the expiry of 21 years, and holds that the lease is void. .....
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