Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 33 repeals Page 5 of about 5,706 results (0.099 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. .....

Commissioner of Income-tax, Tamil Nadu-i Vs. K. Balakrishna Rao

Court : Chennai

Reported in : (1983)37CTR(Mad)337; [1983]143ITR651(Mad)

..... 9 of the official trustees act. in v. m. ..... specifically receivable on behalf or for the benefit of any one person, or where the individual shares of the persons on whose behalf or of whose benefit such income or such part thereof is receivable (which persons are hereinafter in this section referred to as the beneficiaries) are indeterminate or unknown, tax shall be charged as if such income or such part thereof were the total income of an association of persons, or, where such income or such part thereof is actually received by a beneficiary, then ..... , on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the shares of the beneficiaries are know and determinate and that, therefore, the provisions of section 164 would not apply (iii whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the income from hotel business and income from property at sunkurama ..... appellate tribunal, madras bench, the following questions were referred to this court at its instance : '(i) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the provisions of section 168 would not apply to the facts of the case and that the entire income from all the properties bequeathed under the will cannot be taxed in the hands of the executors as a single unit (ii) whether .....

Shivaji Vs. Deoji and ors.

Court : Madhya Pradesh

Reported in : AIR1974MP123; 1973MPLJ434

..... air 1951 mad 938 (fb) and in the privy council case of fakharuddin mahomed artisan v official trustee of bengal ((1882) ilr 8 cal 178 p. c. ..... inclined to reconsider his earlier view in the light of the decision of the supreme court in (air 1964 sc 457) as in his opinion the question relating to costs and future interest awardable under sections 34 and 35 of the civil procedure code decided by the supreme court was distinct and clearly distinguishable from the question of mesne profits claimed for the period subsequent to the date of suit and upto ..... this view was taken in the light of the special provisions of section 4 of the court-fees act of 1125 (applicable in travancore-cochin only).in spite of this provision it was held in paragraph 6 that the appeal however, need not be dismissed for the defect in payment of the court-fee and that it ..... order 7, rule 7 of the code of civil procedure and section 7(1) of the court-fees act, the plaintiff must plead this cause of action, specifically claim a decree for the past mesne profits, value the claim approximately and ..... 20, rule 12, civil procedure code and the plaintiff succeeds the decree passed at the conclusion of such enquiry would become executable only subject to the condition of payment of court-fees under section 11 of the court-fees act. 21. ..... the decree awards future mesne profits, the decree-holder cannot execute the decree unless he pays the court-fees on the amount of future mesne profits (vide section 11, court-fees act), 14. .....

Soudagar Muhammad Abdul Rahim Baig Saheb Vs. Soudagar Muhammad Abdul H ...

Court : Chennai

Reported in : AIR1931Mad553; (1931)61MLJ139

..... further, having obtained control of the shares of the other members of the family by the simple process of constituting themselves trustees and guardians for them, they used these shares in the business to obtain the profits which they under ex. ..... we do not see any sufficient reason for allowing any special remuneration under section 95 of the trusts act to the 1st defendant as manager in view of our opinion that his conduct has not been straightforward. ..... by this assumption of family management--it does not matter whether we call their position that of trustees de son tort or executors de son tort--the relationship in which the 1st defendant stood to the widow and the minors was essentially a fiduciary one. ..... no case was put forward in the plaints that after 1915, when the family trade had ceased, the 1st defendant remained guardian de facto or quasi trustee, and therefore responsible to the minors as guardian de son tort or as trustee de son tort. ..... there is no question here of renunciation of a trust to which section 46 of the trusts act would apply. ..... suit was not on the footing of partnership nor is there any basis for the contention that after 1915 the other members of the family were admitted to the benefits of the partnership within the meaning of section 247 of the indian contract act. ..... he assumed the position of guardian of all the minors, male and female, and acted as such, a position obviously of fiduciary relationship : see sitha boi v. .....

Vadrevu Suryanarayana Vs. Kocherlakota Venkata Subbarao and anr.

Court : Chennai

Reported in : AIR1951Mad943; (1951)2MLJ76

..... if without the subsequent agreement the plaintiff would not be entitled to claim any relief, then the fact of the subsequent agreement would take the case away from section 66 if the property, according to well-established principles of law, like section 82 of the trusts act, is really held in trust by the auction purchaser for the plaintiff who had furnished the consideration, then, the auction purchaser is bound ordinarily to convey the ..... plaintiff (first respondent) was that a suit based on an agreement subsequent to a court auction purchase to convey the property purchased to the plaintiff will not fall within the mischief of section 66(1) of the code even though there might have been an agreement before the court sale that the property purchased should be conveyed to the plaintiff. ..... it appears to us to be an incomplete statement of the law to say that if the cause of action is based on an agreement subsequent to the auction purchase, then section 66 will not apply, unless it is also understood by necessary implication that such an agreement is made on the basis that the auction purchase is the person who has the real title vested in him ..... plaintiff except in name and a promise to convey the property to its real owner for no consideration cannot come within the definition of a contract in section 2(h) of the indian contract act. ..... a case invoke, apart from the agreement, the title which law confers on a person under section 82 of the trusts act. ..... section 82 of the indian trusts act .....

Official Trustee, State of Maharashtra Vs. Maharashtra Housing and Are ...

Court : Mumbai

..... chinoy has not invited our attention to any provision of the official trustees act, 1913, which requires an official trustee to seek permission of the court before filing proceedings, including a writ ..... section 7(2) of the official trustees act provides that the official trustee shall have the same powers, duties and liabilities and be entitled to the same rights and privileges and be subject to the same control and orders of the court as any other trustee acting in ..... thus, section 28(b) of the official trustees act expressly requires the official trustee to seek the sanction of the high court while ..... 2004, the official trustee filed trust petition no.5 of 2004 under section 25 of the official trustees act. ..... the official trustee originally sought an order setting aside a notice dated 28th april, 2009, issued by respondent nos.1 and 2 under section 95-a of the maharashtra housing and area development act, 1976 (mhada act) issued in the name of the poojari of the shree ..... the supreme court obviously considered a case under section 28(b) of the official trustees act which provides that an official trustee may, incur expenditure with the sanction of the high court on such religious, charitable and other objects and on such improvements as may be reasonable and proper in the case ..... on 20th april, 2009, the priest of the temple was served with a notice under section 95-a of the mhada act calling upon him to vacate the premises and to shift to the temporary transit accommodation offered by .....

Errol Mackay Vs. Oswald Forbes

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. .....

Mrs. Gladys S. Koder Vs. Income-tax Officer, A-ward

Court : Kerala

Reported in : [1976]104ITR220(Ker)

..... beneficiary if of full age, of sound mind and in direct ownership of such assets, (4) notwithstanding anything contained in this section, where the shares of the persons on whose behalf or for whose benefit any such assets are held are indeterminate or unknown, the wealth-tax shall be levied upon and recovered from the court of wards, administrator-general, official trustee, receiver, manager or other person aforesaid as if the persons on whose behalf or for whose benefit the assets ..... are held were an individualwho is a citizen of india and resident in india for the purposes of this act, and- (a) at the rates specified in part i of the schedule; or (b) at the rate of one and one-half per cent; ..... in respect of that income, the revenue had to make appropriate adjustments ; otherwise, the assessment made in respect of that income on the hindu undivided family would be contrary to the provisions of the act, particularly section 14(1) of the act we, therefore, hold that if the assessment proceedings initiated under section 37 of the act culminates in the assessment of the hindu undivided family, appropriate adjustments have to be made by the income-tax officer in respect of the tax realised by the revenue in respect of that part .....

Zoolfiqar Ali Currimbhoy Ebrahim Vs. the Official Trustee of Maharasht ...

Court : Mumbai

Reported in : (1967)69BOMLR326; 1967MhLJ694

..... is hereby dissolved and shall cease to function, and the trustees shall cease to hold office as such trustees.clause (c) of section 3 providesthe trust properties, in so far as they consist of immovable property shall by force and virtue of this act vest in, and in so far as they consist of any moneys, investments, securities or other movable property shall stand transferred to, the official trustee, and be handed over to him (anything in official trustees act, 1913 notwithstanding), and the official trustee shall hold and stand possessed of the same for the ..... the official trustee may be a corporation sole, but a corporation consisting of the official trustee is not 'owned or controlled by the state', under the provisions of the repealing act, the official trustee acts as a statutory authority and not as an agent of the state. ..... whether the custodian of evacuee property is entitled to such share in the trust properties as the fourth baronet may be held entitled to or to any part thereof.the learned single judge held that upon the passing of the repealing act the properties reverted to the estate of the first baronet by virtue of a resulting trust and that they would pass by succession according to the muslim personal law to the heirs of the first baronet on his death on may 29, .....

K. R. Patel Vs. Commissioner of Income-tax

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 .....