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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1472; JT1993(1)SC592; 1993(1)SCALE566; 1993Supp(3)SCC509; [1993]1SCR380
..... section 28(b) of the official trustees act, 1913 states ..... (2) nothing in sub-section (1) shall be deemed to render the government or any official trustee appointed under this act liable for anything done by or under the authority of any official trustee before the commencement of this act.in view of these provisions, it is clear that the appellant could not be made personally liable for the breach of trust committed by ..... however, section 15 of the same act absolves an official trustee from any personal liability in the event of a breach of trust committed by ..... liable to make good all sums required to discharge any liability which the official trustee, if he were a private trustee, would be personally liable to discharge, except when the liability is one to which neither the official trustee nor any of his officers has in any way contributed or which neither he nor any of his officers could by the exercise of reasonable diligence have averted, and in either of those cases the official trustee shall not, nor shall the government be subject to any liability. ..... the learned judge further held that the official trustee had not placed all the facts before the court and had also acted in an irresponsible manner in demolishing the building, and hence the relief prayed for court not be ..... under section 2(2) of the indian trusts act, 1882, 'breach of trust' for which alone a trustee is liable is defined as 'a breach of any duty imposed on the trustee, as such, by any law for the time being in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1962]2SCR28
..... official trustees act (act ii of 1913) claiming that the late pyare mohan bannerji had created a trust by his will and praying that an official trustee be appointed to be the trustee ..... judges held that the sabha was entitled only to a half share in the cash and properties pertaining to the estate of the said testator, and appointed the official trustee as trustee only in regard to the said share : on that basis, suitable directions were given. ..... the first instance, held that by his last will pyare mohan bannerji created a trust in favour of the sabha, and appointed the official trustee a trustee of all the properties left by pyare mohan bannerji specified in schedule b to the petition. ..... section 10 of the act reads : '(1) if any property is subject to a trust other than a trust which the official trustee is prohibited from accepting under the provisions of this act, and there is no trustee within the local limits of the ordinary or extraordinary original civil jurisdiction of the high court willing or capable to act in the trust, the high court may on application make an order for the appointment of the official trustee by that name with his consent to be the trustee ..... the question is not whether the legal heirs, or the first respondent, are the trustees in respect of the fund after it reached the hands of the first respondent; but the question is whether the legal heirs, as owners of the property, were ..... trust, it would not fall under any one of the exceptions mentioned in the section. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC823; [1969]3SCR92
..... had jurisdiction to pass certain orders either under the indian trust act, 1882 or under the official trustees act, 1913 or under thetrustees and mortgages powers act, 1866 or under his inherent power is not conclusive of the matter ..... learned judge had jurisdiction to passthe order in question under section 10(1) of the official trusteesact, 1913 which reads : 'if any property is subject to trust other than atrust which the official trustee is prohibited fromaccepting under the provisions of this act, and thereis no trustee within the local limits of the ordinary orextraordinary original civil jurisdiction of the highcourt willing or capable to act in the trust, the high court may on application make an order for theappointment of the official trustee by that name withhis consent to be the ..... from the averments made in the application, it is clear that relief was sought under the provisions of the indian trusts act (central act 2 of 1882) and the official trustees act (central act 2 of 1913). ..... the said applicant as such settlor as aforesaid be at liberty to alterthe said quantum of interest in such manner as he maythink proper by deed inter vivos and not by will andit is further ordered that the said applicant thepresent sole trustee under the said deed of trust be and is hereby discharged from further acting as suchtrustee and the official trustee of bengal be and ishereby appointed the sole ..... be justified on the basis of section 43 of the trustees and mortgagees powers act, 1866.25. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710
..... these appeals relating to grant of a long term lease in respect of immovable property vested in the official trustee as executor and trustee raise questions relating to the exercise of the supervisory jurisdiction by the high court under section 25 of the official trustees act, 1913, herein referred to as 'the act'.2. ..... under section 7 of the act, the official trustee acts as an ordinary trustee and has the same powers, duties and liabilities and is entitled to the same rights and privileges and is subject to the same control and orders of the court as any other trustee acting in the same capacity. ..... in this regard it may be mentioned that in view of section 9 of the act when the official trustee has been appointed trustee under a will he holds the property vested him upon the trust expressed in the will. ..... in the matter of exercise of its supervisory jurisdiction under section 25 of the act the high court has to be guided by the same consideration which governs the administration of trust property by the official trustee, namely, 'to make the trust get the maximum advantage of a transaction'. ..... 2 for grant of lease was treated and disposed of as an application under section 25 of the act which reads as under:power of high court to make orders in respect of property vested in official trustee. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3203; [1999]239ITR738(SC); JT1999(6)SC293; 1999(5)SCALE249; (1999)7SCC26; [1999]Supp2SCR44
..... official trustee applied for the probate of the will of ethiraj under section 222 of the indian succession act read with section 7(6) of the official trustees act, 1913. ..... high court examined the provisions of the administrators-general act, 1963 and the official trustees act, 1913 and held as under:it appears to be quite clear that though the official trustee has been appointed both as sole executor and as sole trustee, the executorships must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the trusteeship and that on the date of the obtaining of the probate the trust had come ..... into existence and the properties had vested in the official trustee.17. ..... for the assessment year 1961-62 official trustee was assessed under section 168 of the act in his capacity as an executor. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2482; (1993)IILLJ694SC; 1994Supp(2)SCC107
..... the office of the administrator general- official trustee and treasurer charitable endowments have been set up under administrator general's act, 1963, official trustees' act, 1913 and charitable endowments act, 1890. ..... , a practising advocate of punjab and haryana high court was appointed by order of the governor on march 26, 1968 as trustee cum-treasurerrator general and official trustees-treasurer charitable endowments subject to his being paid a salary of rs. ..... 300/ - as a part-time administrator general and official trustee and rs. ..... it is stated in the pay commission's report of 1967-68 of the state of punjab that the official being appointed from time to time on contract basis, the commission declined to prescribe any pay scales to that office. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(2)AWC2091(SC); (SCSuppl)2007(2)CHN222; JT2007(4)SC362; 2007(4)SCALE265; (2007)5SCC189; [2007]75SCL193(SC); 2007AIRSCW1865; 2007(4)CivilLJ390; 2007(3)KCCR1666(SC).
..... construction of the aforementioned provision which is in pari materia with section 10(1) of the official trustees act, 1930 came up for consideration before this court in official trustee, west bengal and others v. ..... similar provisions exist in the official trustees act, 1930, section 302 of the indian succession act, 1925 and section 7 of the charitable and religious trusts act, 1920. ..... 's decision that the trust exists and we also have to accept the contention of learned counsel appearing on behalf of the respondent in the instant case that the instance case is squarely covered under the illustration (b) of section 56 of the indian trust act and the trustees are bound to fulfil the purpose of the trust and to obey the directors of the author of the trust, except if any modification is made by consent of all the beneficiaries, being competent to contact. ..... in such an event, even the principle of res judicata will have no application [see official trustee of west bengal v. ..... proceedings : an application was filed by the trustees of the said trust before the high court of calcutta purported to be under section 34 of the act, alleging, inter alia, that the purpose of the trust has been completely fulfilled and/or trust has been completely executed without exhaustion of the trust property to the extent of rs.3,99,55,682/-. ..... merely an option has been conferred on a trustee to file either a suit or to move the court for its opinion, advice or direction in terms of section 34 of the act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1999)155CTR(SC)585
..... official trustee applied for the probate of the will of either under section 222 of the indian succession act read with section 7(6) of the official trustees act, 1913 ..... (lie administrators general act, 1963 and the official trustees act, 1913 and held as under:'it appears to be quite clear that though the official trustee has been appointed both as sole executor and as sole trustee, the executor ship must automatically come to an end on his obtaining the probate, that the taking out of probate by the official trustee should be taken to be an act of acceptance of the ..... trusteeship and that on the date of the obtaining of the probate the trust had come into existence and the properties had vested in the official trustee ..... any wakf deed which is valid under the mussalman wakf validating act, 1913 (6of 1913), shall be deemed, for the purposes of clause (iv), to be a trust declared by a duly executed instrument in writing if a statement in writing, signed by the trustee or trustees, setting out the purpose or purposes of the trust, particulars as to the trustee or trustees, the beneficiary or beneficiaries and the trust property, is .....
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