Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 33 repeals Court: supreme court of india Page 4 of about 650 results (0.172 seconds)

Begum Sabiha Sultan Vs. Nawab Mohd. Mansur Ali Khan and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1636; 2007(4)ALT55(SC); 2007(3)AWC2344(SC); JT2007(5)SC431; (2007)4MLJ1034(SC); RLW2007(4)SC2739; 2007(5)SCALE754; (2007)4SCC343

..... the plaint was for partition of the properties situate in gurgaon, not falling within the jurisdiction of delhi court and the declarations sought for are also related to the said properties and in the light of section 16(b)and (d) of the code of civil procedure (for short 'the code'), the jurisdiction to entertain the suit was with the concerned court in the state of haryana and hence the plaint was liable ..... . in official trustee, west ..... the test laid down therein, it is clear that the present suit could not be brought within the purview of the proviso to section 16 of the code or entertained relying on section 20 of the code on the basis that three out of the five defendants are residing within the jurisdiction of the court ..... june, 2000 uptill filing of the present suit;(d) pass a decree of permanent injunction restraining the defendants, their employees, servants whosoever acting on their behalf from using, alienating, parting with possession and/or dealing with in any manner whatsoever in respect of the respective shares of the plaintiff;(e) pass an order for cost of the suit; and ..... the court at delhi and when that is so, the suit had to be instituted only in the court having jurisdiction over the property in question and the high court was right in holding that section 16(b) and (d) of the code squarely applied to the case on hand in the light of the relief's claimed ..... , this court approving the statement of the law by mukherjee acting chief justice in hirday nath roy v .....

Gaya Sugar Mills Ltd. Vs. Nand Kishore Bajoria and anr.

Court : Supreme Court of India

Reported in : AIR1955SC441

..... 1950, was illegal because the company had no power to purchase its own shares by diverting its capital nor reduce the share capital in the way sought to be done.it further held that the expression 'trustee' in section 185 meant an 'express trustee' and did not include within its ambit the case of a 'constructive trustee', and therefore the official liquidator could not recover this amount under the provisions ..... sugar mills ltd.the appeal bench took the view that the official liquidator may be entitled to the money but that he was not entitled to the return of this money by the summary procedure provided by section 185 and the court had no jurisdiction to pass an order under this section inasmuch as the expression 'trustee' in section 185 does not include within its ambit the case of a 'constructive trustee'. ..... section 185, indian companies act provides:'the court may at any time after making a winding up order, require any contributory for the time being settled on the list of contributories and any trustee, receiver, banker, agent or officer of the company to pay, deliver, surrender or transfer forthwith, or within such time as the court directs, to the official liquidator any money, property or documents in his hands to which the company is 'prima facie ..... contended that the said sum was not recoverable in a summary proceeding under section 185 of the indian companies act on the ground that the word 'trustee' occurring in the said section did not include a 'constructive trustee'. .....

Assistant Commissioner Of Income Tax (exemptions) Vs. Ahmedabad Urban ...

Court : Supreme Court of India

..... the appellant-chamber was a company registered under section 25 of the indian companies act, 1913. ..... this court nevertheless was bound by the decision in surat art silk (supra) which had ruled that: (i) a gpu category charity with a constitution granting discretion to the trustees to engage in charitable and non-charitable activities, could not claim the exemption; (ii) the main or dominant purpose of the gpu category charity had to be essentially charitable. ..... 01.04.1984, and read as follows: (4a) sub-section (1) or sub-section (2) or sub-section (3) or sub-section (3a) shall not apply in relation to any income of a trust or an institution, being profits and gains of business, unless (a) the business is carried on by a trust wholly for public religious purposes and the business consists of printing and publication of books or is of a kind notified by the central government in this behalf in the official gazette; (b) the business is carried on by an institution wholly for charitable purposes and the work in connection ..... this restriction has been introduced for the first time [as that prohibition was absent in the now repealed section 10 (20a)]..182. ..... section 2 (15) of the it act (which came into force on 01.04.1962 and repealed the old it act) defined charitable purpose as follows: (15) charitable purpose includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying on of any activity for profit .....

Canara Bank and ors. Vs. National thermal Power Corpn. and anr.

Court : Supreme Court of India

Reported in : [2001]104CompCas97(SC); 2000(8)SCALE139

..... we are, however, not in a position to grant this prayer of the petitioner despite recognising the relationship as there is a statutory prohibition under section 153 of the act to take cognizance of any relationship of trustee and beneficiary in the register. ..... the corporation wanted the cbmf to produce no objection certificate from the official liquidator of the bank of karad for the purpose of registering the transfer of the bonds for which letter dated 17-5-1993 of the bank of karad was furnished with all documentary proof of the purchase of bonds of fv of rs. ..... it was contended before the company law board that the official liquidator was not justified in not issuing the no objection certificate. ..... another letter dated 21 st september, 1993 was addressed to the official liquidator requesting him to issue a no objection certificate as demanded by the corporation. ..... addressed a letter to the official liquidator of the bank of karad suggesting that cbmf would move the court for a direction to the cb1 for production of relevant documents of bank of karad, under liquidation, and the official liquidator could obtain copies of those documents on the basis of which he could issue a no objection certificate. ..... inaction attributable to the official liquidator was intimated vide letters dated 18-11-1993 and 15-7-1994. .....

R.B. Jodha Mal Kuthiala Vs. the Commissioner of Income-tax, Punjab, Ja ...

Court : Supreme Court of India

Reported in : AIR1972SC126; [1971]82ITR570(SC); (1971)3SCC369; [1972]1SCR639

..... the contention of the respondent was that the radical right to these properties was in him all that time; and that; in paying the tax, the trustee was really paying it on his behalf-that is, on his income-and that consequently there arose in each of the years in which the payment was made a right to deduct his 'personal allowance' from the annual value of ..... the question as to who is the owner of a house property under section 9 of the act in circumstances similar to those before us came up for consideration before the calcutta high court in the matter of the official assignee for bengal (estate of jnanendra nath pramanik) : [1937]5itr233(cal) . ..... any income that did arise from those estates was income of the trustee as such and he (and he alone) had the right to put it into his pocket as income. ..... in fact in the course of the judgment, the court made a distinction between a receiver and a trustee and an official assignee. ..... in official assignee's case : [1937]5itr233(cal) receives support from the decision of the privy council in trustees of sir currimbhoy ibrahim baronetcy trust v. ..... at that time his estate consisted of (1) two of the original heritable properties which had not been realised by the trustee in the insolvency and (2) a balance in cash of 53 odd. ..... it was part of the income arising from the sequestrated estates vested in the trustee for the respondent's creditors. ..... during the insolvency, the trustee paid income-tax on the full annual value of the two properties in question .....

Mumbai Port Trust Vs. M/S. Shri Lakshmi Steels and Ors. Etc.

Court : Supreme Court of India

..... we are not going into this issue in view of the fact that the notification dated 11.10.2000 issued by the commissioner of customs under section 45(1) of the customs act, 1962 approving the mumbai port trust as custodian under section 48 of the customs act was challenged by the mumbai port trust before the bombay high court and the high court by its judgment dated 22.07.2009 has quashed the ..... such notice or otherwise directs such custodians not to collect custody charges from the consignees of such goods - "the cargo", because of detention certificates issued by him or his delegates, will not be acting within the powers conferred upon him under the act, its rules or its regulations and hence directions given by the customs collector or his delegatees to release the goods of importers or consignees without collecting demurrage charges from them cannot be enforced ..... the central government is empowered by section 35 of the international airports authority act, 1971, and section 111 of the major port trusts act, 1963 to issue to the authority and the board of trustees, respectively, directions on questions of policy after giving them an opportunity, as far as practicable, of ..... can be directed to pay the demurrage/detention charges only when it has proved that the action of the dri/customs authorities is absolutely mala fide or is such a gross abuse of power that the officials of the dri/customs should be asked to compensate the importer for the extra burden which he has to bear. ..... repeal .....

Vasantkumar Radhakisan Vora Vs. the Board of Trustees of the Port of B ...

Court : Supreme Court of India

Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825

..... legal proceedings or remedy may be instituted, continued or enforced...as if the repealing act or regulation had not been passed.section 17(1) provides under:in any (central act) or regulation made after the commencement of this act, it shall be sufficient for the purpose of indicating the application of a law to every person or number of persons for the time being executing the functions of an office, to mention the official title of the officer at present executing the functions of an office, ..... demised rooms and all contracts in relation thereto including the lease and the right to ejectment pursuant to quit notice stood transferred to the respondent.sub-section 2(a) of section 133 'repeal' of the major port trusts act, 1963 states that on the application of the central act to the port of bombay, except the provisions thereof relating to municipal assessment of the properties of the port of bombay and matters connected therewith, shall ..... trustees have the right to terminate the lease under section 26 of the state act and those rights stood transferred and vested under section 29(1) of the central act ..... by operation of section 26 of the state act, the board of trustees acquired and held ..... estate manager on behalf of the respondent, board of trustees; the right to lay the suit on expiry of one month's period prescribed in the notice, namely, on or ..... trustees under the state act have merely changed their hats and stand transposed to be functionaries under the central act ..... in trustees of .....

The Trustees of the Port of Madras Vs. Aminchand Pyarelal and ors.

Court : Supreme Court of India

Reported in : AIR1975SC1935; (1976)3SCC167; [1976]1SCR721

..... remove the goods is due to the fault or negligence of the importer or his agent: (6) having regard to this well accepted meaning of the word 'demurrage', the authority given to the board by section 42 of the act to frame the scale of rates can be exercised only for the purpose of levying charges where the importer was not prevented by any lawful authority from clearing the goods from the transit area and ..... opinion that the goods have been imported contrary to any prohibition imposed by the customs act or the imports and exports (control) act, or by the orders issued or the rules framed there under, a notice is issued under section 111 or section 112 of the customs act calling upon the importer to show cause why the goods should not be confiscated. ..... section 8(2) of the eleven elected trustees one is elected by the madras municipal corporation and the remaining ten by such provincial or local bodies representing commercial interests as the central government may, from time to time, by notification in the official ..... port trusts are not commercial organisations which carry on business for their own profit sections 39(1) and (2) of the act cast on the board an obligation, according to its powers, to provide all reasonable facilities, if so required by any owner, for various kinds of services mentioned in clauses (a), (b) and (d) of section 39(1), which include services in regard to landing of goods between vessels and docks in possession of the board and receiving, storing or .....

M/S Rasiklal Kantilal and Co. Vs. Board of Trustee of Port of Bombay a ...

Court : Supreme Court of India

..... (1) every board shall from time to time frame a scale of rates at which and a statement of the conditions under which, any of the services specified hereunder shall be performed by itself or any person authorised under section 42 at or in relation to the port or port approaches transshipping of passengers or goods between vessels in the port or port approaches; landing and shipping of passengers or goods from or to such vessels to or from any wharf ..... shall be applied in the following order- (a) in payment of the expenses of the sale; (b) in payment, according to their respective priorities, of the liens and claims excepted in sub-section (2) of section 59 from the priority of the lien of the board; (c) in payment of the rates and expenses of landing, removing, storing or warehousing the same, and of all other charges due to ..... under section 2(q) as follows:- section 2 (q) port means any major port to which this act applies within such limits as may, from time to time, be defined by the central government for the purposes of this act by notification in the official gazette, and, until a notification is so issued, within such limits as may have been defined by the central government under the provisions of the indian ports ..... be specified by notification in the official gazette, the central government shall cause to be constituted in respect of any major port a board of trustees to be called the board of trustees of that port, which shall consist of the following trustees, namely [7] ..... repealed .....

Krishna S/O Bulaji Borate Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : AIR2001SC695; JT2001(1)SC631; 2001(1)SCALE339; [2001]1SCR504; 2001(1)LC490(SC)

..... purpose of appreciating the controversy we are hereunder reproducing sections 4(1)(e), 4(2), 6 and 10:-'section 4(1)(e): four persons appointed under sub-section (2) of whom not less than two shall be non-officials residing within the limits of the area to which this act applies.section 4(2): the chairman and the four persons referred to in clause (e) of sub-section (1) shall be appointed by the state government by notification.section 6: the term of office of chairman or of any trustee appointed under clause (e) of sub-section (1) of section 4 shall be five years, provided that the chairman ..... or any trustee may be removed from office by the state government at any time before the completion of such ..... out of nine such trustees four persons are appointed including the chairman by the state government under sub-section (2) of section 4 and out of the said four persons not less than two shall have to be non-officials residing within the limits of the area to which this act applies. .....