Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 33 repeals Page 6 of about 5,706 results (0.153 seconds)

Official Trustee of Bengal Vs. Kumudini Dasi

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. .....

The Commissioner of Wealth Tax, Andhra Pradesh, Hyderabad Vs. Trustees ...

Court : Supreme Court of India

Reported in : AIR1977SC2103; [1977]108ITR555(SC); (1977)3SCC362; [1977]3SCR735

..... 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 individual for the purposes of this act.sub-section (5) was not a part of section 21 at the material time since it was introduced only with effect from 1st april, 1965 but it throws some light ..... (1) in the case of assets charge able to tax under this act which are held by a court of wards or an administrator-general or an official trustee or any receiver or manager or any other person, by whatever name called appointed under any order of a court to manage property on behalf of another, or any trustee appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including a trustee under a valid deed of wakf), the wealth-tax shall be levied upon and recoverable from the court ..... of wards administrator-general, official trustee, receiver, manager or trustee, as the case may be, in the like manner and to the same extent as it would be leviable upon and recoverable from the person on whose behalf the assets are held, and the provisions of the act shall apply accordingly. .....

Commissioner of Wealth-tax Vs. State Bank of India

Court : Mumbai

Reported in : (1995)125CTR(Bom)461; [1995]213ITR1(Bom)

..... 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 may 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 individual who is a citizen of india and resident in india for the purpose of this act ..... - (1) in the case of assets chargeable to tax under this act, which are held by a court of wards or an administrator-general or an official trustee or any receiver or manager or any other person, by whatever name called, appointed under any order of a court to manage property on behalf of another, or any trustee appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including a trustee under a valid deed of wakf), the wealth-tax shall be levied upon and recoverable from the court of ..... wards, administrator-general, official trustee, receiver, manager or trustee, as the case may be, in the like manner and to the same extent as it would be leviable upon and recoverable from the person on whose behalf or for whose benefit the assets are held, and the provisions of this act shall apply accordingly. .....

Gyanambal Vs. Administrator-general of Madras

Court : Chennai

Reported in : AIR1955Mad419

..... 1939 this court by its order dated 17-8-1939 directed the administrator-general under sections 10 and 11, administrator-general's act, 1913, to take possession of the estate of the deceased and apply for letters ..... the administrator-general and official trustee of bombay, on deputation ..... 'in addition- to these three cases under the administrator-general's act, on account of the fact that this section 28 is analogous to section 43 of the trustees and mortgagees act and section 34, indian trusts act, 1882, and section 302, indian succession act and an originating summons of this court, the case law thereunder indicating ..... trustees act, 27 of 1866 (power of the high court), sections 3, 7, 20, ..... comprehend the scope of his powers, for which i am indebted to the only known publication on the subject namely kinney, administrator-general of bengal's law relating to administrators-general and official trustees in india (thacker spink and co. ..... order the dilapidated houses and saved the properties from the reckless mortgaging and raising of loans by this gyanambal contrary to the provisions of the will, coupled with various acts of devastation, that the houses are fetching fair and maximum possible rents, that the three properties were purchased out of the funds of the deceased, that the earlier correspondence ..... been repealed in part by acts 5 ..... acts of 1849 and 1850 remained in force until the year 1855, when it was deemed necessary to pass a further act dealing with the office which repealed the acts .....

Maria Antonica Rodrigues Vs. D.R. Baliga and ors.

Court : Mumbai

Reported in : AIR1967Bom465; (1967)69BOMLR41

..... there was a trust, as in out judgment there was, for t he benefit of the wife in the event which happened, it would follow from section 6 that the official trustee of bengal would be the trustee, and he alone would be competent to sue for the enforcement of the trust: . . . . . . ..... official trustee, madras : air1932mad220 a life insurance policy in the column 'to whom payable', contained the following words, namely, 'the assured or his wife abhiramavalli, if he predeceased her', it was held that the said words expressed on the face of the policy that the same was for the benefit of his wife and as such it enured and was deemed to be a trust for t he benefit of the wife within the meaning of section 6 of the married women's property act ..... when the sum secured by the policy becomes payable, it shall, unless special trustees are duly appointed to receive and hold the same, be paid to the official trustee of the state in which the office at which the insurance was effected is situate, and shall be received and held by him upon and trusts expressed in the policy, or such of them as are then ..... went in that case in holding that a mere nomination of the wife in the policy to receive the amount payable in the event of the husband's death before a certain date will bring it within the ambit of section 6 of the act, i respectfully agree with his view that the fact that t he wife's interest is made contingent on some event happening, does not prevent or affect the creation of a valid trust. .....

Commissioner of Wealth Tax, Hyderabad Vs. Trustees of Heh

Court : Supreme Court of India

Reported in : 2003(2)CTC693; (2003)181CTR(SC)385; [2003]261ITR690(SC); JT2003(4)SC224; 2003(4)SCALE219; (2003)5SCC122; [2003]3SCR662

..... as under:'(4) notwithstanding anything contained in the foregoing provisions of 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 courts of wards, administrator-general, official trustee, receiver, manager, or other person aforesaid, as the case may be, in the like manner and to the same extent as it would be leviable upon and recoverable ..... from an individual who 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 schedule i; or (b) at the rate of three per cent, whichever course would ..... only trust so declared by him; or (ia) none of the beneficiaries has net wealth exceeding the amount not chargeable to wealth-tax in the case of an individual who is a citizen of india and resident in india for the purposes of this act or is a beneficiary under any other trust; or (ii) such assets are held under a trust created before the 1st day of march, 1970, by a non- testamentary instrument and the assessing officer is satisfied, having regard to all the .....

The Board of Trustees of the Port of Bombay Vs. Jayantilal Dharamsey a ...

Court : Mumbai

Reported in : AIR2001Bom26; 2001(1)BomCR44; (2001)2BOMLR273

..... was made by the port trust to justify this exercise before the learned single judge on the basis of the said report, in an elaborate judgment after referring to the provisions of the major port trusts act, 1963 particularly sections 33, 34, 49 and 52, on the basis of the last two sections as appearing in chapter vi, the learned single judge proceeded to examine the question. ..... the submission, therefore is that the exercise carried out by the board of trustees on receipt of the kirloskar report as also before this court by way of said compromise formula if tested by the aforesaid two standards will prove to be satisfactorily made with reference to the said standards and is hence ..... in other words the earlier attempt on the part of the trustees before the learned single judge as also before us is to justify their action in the form of the kirloskar report as well as the subsequent formula referred to as 'compromise formula' as conforming to the standard of fairness and reasonableness ..... before us the action of the board of trustees of the port is not only sought to be justified but is sought to be defended with a further prayer of it being accepted in toto and to that extent therefore to set aside the order of the ..... will appear to be enabling provision but these being mandatory provisions this may almost amount to an obligation on the board of trustees of a port like mumbai port. 67. ..... up the question as to whether the market value fixed by the board of trustees is fair and reasonable. .....

Sujatha Vs. Mariayamma Xavier and Others

Court : Kerala

..... or kudikidappu if such tenant or holder is a member of any scheduled caste or scheduled tribe: provided that nothing in this section shall apply to- (i) lands or buildings or both belonging to or vested in the government of kerala or the government of any other state in india or the government of india or a local authority or a corporation owned or controlled by the government of kerala or the government of any other state in india or the government of india (ii) any lease of land or building or both granted by the administrative general, official trustee or official receiver. ..... evict or attempt to evict a cultivating tenant or holder of a kudiyiruppu or kudikidappukaran from his holding, kudiyiruppu or kudikidappu if such tenant or holder is a member of any scheduled caste or scheduled tribe, the question whether the person who seeks protection of section 3 of the act comes within the mischief of that provision arises only when pursuant to a decree the landlord seeks eviction of the person concerned. ..... shri sajan varghese, learned counsel pointed out that so far as section 3 of the act is concerned, that is subject to the public policy contained under section 52 of the transfer of property act (for short, the tp act) and section 11 of the code. ..... shri sanal kumar, learned counsel for petitioner contended that under section 3 of the act there is a statutory ban on a landlord evicting a kudikidappukaran from his holding if he is a member of any scheduled caste or scheduled tribe. .....

A.V. Balakrishna Menon, Late Official Receiver Vs. Kakkat Manakkal Uma ...

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 .....

In Re: William Watson and anr.

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. .....