Court : Chennai
Reported in : (1948)2MLJ656
..... for parliament to intervene and cure the defect by legislation, namely, section 11 of the bankruptcy act of 1913 reproduced in section 47 of the bankruptcy act of 1914, which runs thus:(1) all transactions of a bankrupt with any person dealing with him bona fide and for value, in respect of property, whether real or personal, acquired by the bankrupt after adjudication, shall, if completed before any intervention by the trustee, be valid against the trustee, and any estate or interest in such property which by virtue of this ..... to him, and all debts growing due to him before the court shall have made its order in the nature of a certificate as hereinafter mentioned do vest in the official assignee for the time being of the said court...and such order when so made shall by virtue of this act relate back to and take effect from the filing of the said petition and shall instantly and without any conveyance or assignment vest all the ..... not apply to the court for an order of discharge within such time as may be prescribed, the court, on the application of the official assignee or of a creditor, or of its own motion, may annul the adjudication or make such other order as it may think fit, and the provisions of section 21 shall apply on such annulment.section 43 of the provincial insolvency act which is mandatory and more drastic reads as follows:(1) 'if the debtor does not appear on the day fixed for hearing .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal382
..... this application has been made under sections 25 and 26 of the official trustees act, 1913 and sections 34 and 36 of the indian trusts act. ..... clause (v) is as follows:'upon the death of the survivor of the said dhirendra nath sircar and his wife the whole of the trust fund both as to corpus and income will be made over by the official trustee absolutely to such person or persons as would be heir or heirs of the said dhirendra nath sircar according to the law of intestate succession applicable to him and it is hereby mutually agreed that the settlor will have the power to ..... will have no beneficial interest in the said income or any part thereof and that the receipt given by him shall operate as complete discharge to the official trustee for all payments made by him in pursuance of this clause; (iv) upon the death of the said dhirendra nath sircar the official trustee shall pay the income of the trust funds to his wife for the maintenance and all other expenses of herself and her family and the ..... basu, lastly, contended that even if section 56 of the indian trusts act is not applicable and even where there is moral certainty that the petitioners may be the ultimate beneficiaries i shall direct the trustee to hand over the corpus of the estate to the petitioners.18. mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC336; (1956)IILLJ215SC; (1956)IMLJ183(SC); [1956]1SCR100
..... deed creating the fund as a trust deed, notwithstanding that, no ownership has been transferred to the trustees and all that they have got is the right of the management and control, the subscribers, who jointed the fund have undoubtedly got a beneficial interest which will vest in the official receiver as property liable to attachment and sale under section 60 which uses the language 'whether the same be held in the name of the judgment-debtor ..... withdrawals by members of the money standing to their credit with the fund shall not be allowed by the trustees except that withdrawals from the amount standing to the credit of a member's 'c' account may be allowed on the special grounds to the extent and subject to the conditions laid down by the indian income-tax act and the rules made thereunder in that behalf as in force from time to time. 19 ..... purpose of this fund, earnings shall be deemed to mean solely the monthly or weekly sum paid to the employee for wages excluding from the purview of such term all accretions thereto and perquisites in the way of acting allowance commissions bonus payments overtime messing housing allowance loading money travelling expenses and all such similar payments. 7. ..... the creditor, mukti lal agarwala, filed applications under section 4 of the insolvency act for orders that the amounts standing to the credit of the insolvents in the provident fund account were their properties and had vested in the court and were available for distribution amongst the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1999]106TAXMAN151(SC)
..... trustee, the executorship must automatically come to an end on his obtaining the probate, that the taking out of probate ..... that the properties of ethiraj (deceased) under his will became vested in the official trustee of madras as a "trustee" from the very inception and, therefore, the income of the estate was not assessable in his hands under the provisions of section 168 of the act.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 ..... ethiraj died on september 8, 1960.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.probate was granted to him on may 3, 1961. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal61
..... roy that service of notice under section 3(2) of the 1947 act on the official trustee was sufficient and it was not necessary to serve it on elgin properties, the lessee under the official trustee. ..... 1 does not in any way indicate that the deputy official trustee was acting in the matter for and on behalf of the state or as its agent ..... but a copy of the requisition order was received by them from the deputy official trustee of west bengal by their covering letter dated 26th april, 1980 intimating thereby that the said official trustee of west bengal had been served with the said notice on april 25, 1980 at 4.45 ..... thus the appellant elgin properties, so long as requisition would remain in force, would have no obligation of liability to pay any rent to the official trustee its landlord inasmuch as the west bengal premises tenancy act would not apply to the requisitioned premises.26. ..... roy chowdhury refers to the definition of landlord in section 2(c) of the 1947 act which means, inter alia, any person who for the time being is receiving or is entitled to receive rent of any premises whether on his own account or on account or on behalf of or the benefit of any other person, or as a trustee, guardian or receiver for any other person or who would so receive or be entitled to receive rent if the premises are let to a tenant ..... is made to the definition of landlord in section 2(c) of the said act which comprises within its purview a number of persons us the landlord including a trustee.30. .....
Tag this Judgment!Court : Mumbai
Reported in : (1984)38CTR(Bom)187; [1985]151ITR250(Bom); [1983]15TAXMAN503(Bom)
..... 7(6) and 9 of the official trustees act, and concluded that as the official trustee had been appointed both as sole executor and sole trustee, the properties initially vested in him as executor and, as soon as he obtained probate of the will, they vested in him as trustee. ..... the deceased, in that matter, had executed a will appointing the official trustee sole executor and trustee and had directed that the properties covered by the will would vest in the official trustee on his death, that the official trustee should sell all the properties by public auction and invest the net realisations in approved government securities and pay certain legacies. ..... estate of ethiraj (by official trustee) : [1979]120itr271(mad) . ..... the official trustee obtained probate on may 3, 1961. ..... in an annexure to the application, clauses 16 and 20 of the will are referred to and it is submitted that no trust would be created until after the executors and trustees had converted all the properties of the deceased into cash and the residue had been ascertained. ..... i direct that in furtherance of and for giving effect to the provisions of this clause my executors and trustees shall donate such amount or amounts to such educational institution, university or hospital authorities or maternity homes on such terms and conditions as may appear to be just and necessary and which in their absolute discretion they may think ..... amin were liable to be assessed as trustees under section 161 of the income-tax act, 1961 ?'7. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi582; 1974RLR276
..... first, there is the official trustees act 1913. ..... if there be no trustee 'willing or capable to act in the trust' within the jurisdiction of the high court, that court may on application make an order for the appointment of the official trustee with his consent: see section 10(i). ..... alternatively, if all the existing trustees and beneficiaries are desirous that the official trustee be appointed in the room of such trustees they may so appoint him by an instrument in writing with his consent: -see section 11. ..... i would suggest to them that they either appoint the official trustee in their stead by an instrument in writing or make an application under section 10 for him to be so appointed. ..... procedure be adopted, the official trustee holds the trust property on the same trusts as before: see sections 10(2) and 11(2). ..... this reason i think it is appropriate that a copy of this order be sent to the official trustee to enable him to decide whether he would wish to move under section 10. ..... (16) searching for the law on my own, has revealed other kpal aspects requiring consideration' section 34 of the indian trusts act 18s2 enables the trustees, on a petition moved for the purpose, to obtain the 'opinion, advice or a direction' of a court 'on any present question respecting the management of administration of the trust ..... according to section 7(1) of that act the official trustee 'may, if he thinks fit,- (a)act as an ordinary trustee; (b)be appointed trustee by a court of competent jurisdiction' .....
Tag this Judgment!Court : Chennai
Reported in : (1949)2MLJ582
..... was false and vexatious and that the evidence showed that the plaintiff had been harassing the 1st defendant for several years and that he had manoeuvred himself into the position of a co-opted trustee with ulterior motives probably in order to force her to part with some more property, and that he had filed this extraordinary suit in the guise of a reversioner, but really only for his own ..... alladi krishnaswami aiyyar's argument that all the five trustees appointed in paragraph 14 should give a joint consent is unsustainable in this case, because the so called ' power ' has been given to the trustees officially, and not to each personally, and, so, may be exercised by the holder for the time being, as held in in re smith : eastick ..... benefit, and that he had undoubtedly caused great expense, vexation and harassment to defendant 1 by a prolonged trial and lengthy depositions and should, therefore, be made to pay compensatory costs under section 35-a, civil procedure code and he fixed the compensatory costs at rs. ..... where a hindu testator, by his will, appointed five trustees for his property and gave power to his widow to adopt a son with their consent and advice and one of the trustees declined to act, the consent, of the declining trustee was not necessary and that the adoption made with the consent of the other four trustees was valid. ..... apparao (1913) 26 ..... apparao (1913) 26 ..... apparao (1913) 26 ..... parthasarathi apparao (1913) 26 ..... parthasarathi apparao (1913) 26 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1934Mad264; (1934)66MLJ667
..... the learned chief justice's view that, if the policy in question is, as the plaintiff maintains, one to which section 6 of the married women's property act applies, the person to sue on it on behalf of the plaintiff is the official trustee of bengal, unless he has disclaimed trusteeship in the matter.10. ..... reliance is placed upon section 59 of the indian trusts act, ii of 1882, in support of the contention that in the special circumstances of this case the plaintiff is entitled to institute a suit even though ordinarily it may be the official trustee of the presidency in which the office at which the insurance was effected is situate, who would ..... section 6 'the person entitled to enforce the rights of the beneficiary is the trustee, if a trustee has been appointed, and if no special trustee has been appointed the official trustee, ..... the second paragraph of that section says: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 presidency in which the office at which the insurance was effected is situate, and shall be received and held by him upon the trusts expressed in the policy, ..... suit she asks for a declaration that a trust was created by her deceased husband and that she is the beneficiary thereunder and that the official trustee of madras or such other fit and proper person be appointed to execute the trust and that a direction be given, to him to pay ..... 1913 ..... 1913 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad609
..... . alladi krishnaswami aiyar's argument that all the five trustees appointed in paragraph 14 should give a 'joint consent' is unsustainable in this case, because the so-called 'power' has been given to the trustees 'officially', and not to each personally, and, so, may be exercised by the holder for the time being, as held in 'in re smith; estick ..... we agree with the lower court in holding that no trustees had been' really 'co-opted' in 1934, as pretended, and that the evidence regarding such co-option is worthless and was rightly disbelieved, being unfit to be acted upon, these trustees having not joined in ex ..... srinivasa pandit', 39 bom 441, that where a hindu testator, by his will, appointed five trustees for his property and gave power to his widow to adopt a son with their consent and advice and one of the trustees declined to act, the consent of the declining trustee was not necessary and that the adoption made with the consent of the other four trustees was valid ..... there is no question of 'joint power' given to two widows here and the consequent necessity for both the widows to act jointly before adopting a person as in that case ..... venkatalakshmamma', 1931 mad wn 473, where the widow' was given the power to adopt only acting in conjunction with the testator's mother.11 ..... gopala prasad', 10 pat 187, also, an adoption by the widow was expressly made subject to a condition precedent, namely, the approval of the testator's father and could not have been made by the widow herself acting alone .....
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