Court : Allahabad
Reported in : AIR1958All569
..... an office of official trustee), section 10. ..... 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 (part a state or part c state) 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, or such ..... the official trustee of madras : air1932mad220 the amount was payable to ........the assured or his wife abhiramavalli ammal if he ..... wife nonetheless is that a policy, which has been effected in the first instance only in favour of the husband, may yet become a policy to which the incidents of section 6(1) of the married women's property act would apply if the husband subsequently makes a nomination expressed on the face of the policy to be for the benefit of his wife or his wife and children or any ..... this nomination, it will be observed, is by an endorsement on the back of the policy and it was clearly communicated to the insurer under section 39(2) of the insurance act for it was registered by the treasurer in the records relating to the policy as will appear from the fact that there is a note to the effect below the endorsement that it ..... in section 2, the provisions of sub-section (1) shall apply, in the case of any policy of insurance such as is referred to therein which is effected by any hindu, muhammadan, sikh or jain, in madras after the thirty first day of december, 1913, or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All101; 1959CriLJ1
..... persons untrained in public speech becoming criticism of the government as such & if such criticism without having any tendency in it to bring about public disorder, can be caught within the mischief of section 124-a of the indian penal code, then that section must be invalidated because it restricts freedom of speech in disregard of whether the interest of public order or the security of the state is involved, and is capable of striking at the very ..... the mind of their lordships of the supreme court is evident from the following passage of their judgment: 'in the next place section 295-a does not penalise any and every act of insult to or attempt to insult the religion or the religious beliefs of a class of citizen, but it penalises only those acts of insults to or those varieties of attempts to insult the religion or the religious beliefs of a class of citizens, which ..... and the governments through which the power is exercised are but the trustees of the people who are both the authors of trust as well ..... finally i may point out that the indian press commission has recommended a repeal of section 124-a on the ground that it is unconstitutional; see the article 'freedom of the press in the commonwealth' ..... the president of india or in the governors of the states but even though the executive powers are so vested, the government is, in effect,, carried on by the ministers and by the officials of the government. ..... government and no means of getting rid of corrupt and inefficient officials. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All196
..... section 183 of the act of 1913 then provides that subject to the provisions of that act the official liquidator of a company which is being wound up by the court shall in the administration of the assets of the company and in the distribution of those assets among the creditors have regard to, inter alia, any directions that may ..... it is not seriously disputed that under the english law a member of a committee of inspection is in the position of a trustee for sale, but it has been argued that under indian law the position is different. ..... by section 20 of the english bankruptcy act, 1914, a committee of inspection is appointed 'for the purpose of superintending the administration of the bankrupt's property by the trustee in ..... :'under the bankruptcy act, 1914, section 20, provision is made for the creditors qualified to vote, at their first or any subsequent meeting by 'resolution, to appoint a committee of inspection for the purpose of superintending the administration of the bankrupt's property by the trustee. ..... , taking that definition of their functions and their luties, it would appear, on general equitable principles, that they would be, like any other trustees in that position, debarred from buying, or trafficking in the trust property.'8. ..... means that they are appointed for the purpose of carrying out, or rather assisting the trustee in carrying out, the administration and the realisation of the insolvent's property, and they are, therefore, in the position of trustees for sale. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All93
..... were held to apply only to cases in which the order had been passed against one party in the presence of the other party.the same view was taken by the high court of calcutta in the case of official trustee of bengal v. ..... if the second paragraph was made to apply to all cases coming up before the board of revenue the other similar provisions under the other acts would have to be held to be superfluous.even section 220 sub-section (1) obviously refers to cases which have been decided under the u. p. ..... it does speak of the constitution of the board of revenue and according to section 7 of the act the board has been authorised to distribute its business and to make such territorial division of the jurisdiction amongst its members as it may deem fit ..... land revenue act.but he says that the second paragraph of section, 219 and sub-section (3) of section 220 apply to all cases coming up for hearing before the board, of revenue ..... assuming that it has been legally applied to cases arising under the zamindari abolition act, we think that the interpretation of the section of learned counsel is not correct. ..... land revenue act applies to the case and that sub-section clearly provides that, a single member vested with all or any of the powers of the board shall not have the power to alter or reverse a decree or order passed by board or by any member other than himself.the contention of learned counsel is that this sub-section applies to all cases heard by a board irrespective of the nature of the case .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All615
..... council in had laid down the principle that it was not open to a transferee from the insolvent, after the transfer had been held by the insolvency court to be an act of insolvency made with the object of defeating the insolvent's creditors, to contend in any subsequent proceedings under section 53 that the transfer was not void and should not be set aside.the learned judge conceded that the decision of the privy council was pronounced ..... case referred to above : [1960]1scr616 .his lordship, after an exhaustive and comparative survey of the presidency towns insolvency act, the bankruptcy act, and the provincial insolvency-act, came to the conclusion that the judgment of the privy council, which was based on the presidency towns insolvency act, 'cannot be applied to an act (provincial insolvency act) which differs in all respects from the relevant provisions of sections 10 and 11 of the bankruptcy act on the basis of which that judgment was given. ..... void on that ground.the learned judge further held that this principle applies not only where the transfer is declared automatically void by the insolvency court at the time of adjudication but also where the official receiver applies under section 53 of the provincial insolvency act for avoidance of a deed of transfer. ..... in provincial insolvency act, neither the order of adjudication is conclusive evidence that it has been duly made, nor the trustee's title dates back to the act of insolvency on which the adjudication is founded. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1961All125
..... maintain accounts, to get them audited and to have them passed by the committee after satisfying it about their correctness and that the court had ample power under section 14 of the religious endowment act xx of 1863 to order the secretary to producethe accounts before the trustees and satisfy them about their correctness. ..... the next point urged is that section 14 of the act xx of 1863 does not in express terms authorise the removal of an official styled as secretary but only a manager ..... or the trusts relating thereto, may, without joining as plaintiff any of the other personsinterested therein, sue before the civil court the trustee, manager or superintendent of such mosque, temple or religious establishment or the member of any committee appointed under this act, for any misfeasance, breach of trust or neglect of duty, committed by such trustee, manager, superintendent or member of such committee, in respect of the trusts vested in, or confided to them respectively and the civil ..... court may direct the specific performance of any act by such trustee, manager, superintendent or member of a committee, and may decree damages and costs against such trustee, manager, superintendent or member of a committee, and .....
Tag this Judgment!Court : Allahabad
Reported in : [1962]45ITR577(All)
..... similarly section 41 of the income-tax act would also only apply where the superintendence of the property of the minor or minors constituting a hindu undivided family has been taken over by the court of wards or the administrator-general, the official trustee or any receiver or manager appointed by or under order of any court. ..... at this stage what we have to notice is that though the indian majority act had come into force in 1875 and the income-tax act now current was passed in the year 1922, the income-tax act in section 63 used the word 'adult' and not the word 'major'. ..... this liability of the guardian to be assessed for the income of a ward is imposed by section 40 of the income-tax act in cases where there is a guardian who is entitled to receive or is in actual receipt of the income, profits or gains on behalf of the ward. ..... section 2 of that act made a little exception of the cases in which the provisions of section 3 were to apply laying down that the provisions of this act were not to affect the capacity of any person to act in matters of marriage, dower, divorce and adoption, of religions, of religious rights and usages of any class of citizens of india or the capacity of any person who before that act come into force had attained majority under the law applicable to him. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All256
..... the form which his argument took was something like this :(1) in view of sub-section (6) of section 28 of the provincial insolvency act the plaintiffs being secured creditors their rights were not affected by the insolvency proceedings. ..... 560: in bankruptcy, the whole estate, both legal and beneficial, is taken out of the bankrupt, and is vested in his trustees or his assignees.so until the property is again revested in the insolvent, the insolvent has no title to the said property.' 23 ..... the insolvency court or the official receiver were trustees for the creditors only by operation of law ..... the argument of the learned counsel is that the court as well as the receiver were trustees for the creditors and if the property in dispute had vested in either of them they held it as trustees and if the plaintiffs who were the beneficiaries wanted to follow the property in their hands there was no limitation for their action ..... the court or the official receiver wast not trustee for them. ..... haq, air 1939 lab 346 it was laid down (vide head-note):--'where a person is adjudged insolvent and his property becomes vested in the official receiver under section 28. ..... on the date on which they impleaded the official receiver, therefore, as their suit was barred by time, the receiver could very well defeat it on the ground of limitation ..... banerji, the official receiver, died and another official receiver was appointed ..... what is the effect, if any, of not arraying the official receiver before 27-4-48 as a defendant? .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All370
..... 'trust'' has been defined in section 3 of the indian trusts act in the following words:-'a 'trust' is an obligation annexed to the ownership of property, and arising out of a confidence reposed in and accepted by the owner, or declare and accepted by him, for the benefit of another, or of another and the owner the person who reposes or declares the confidence is called the 'author of the trust'; the person who accepts the confidence is called the 'trustee': the person for whose ..... benefit the confidence is accepted is called the 'beneficiary' : the subject-matter of the trust is called 'trust property' or 'trust money'; the 'beneficial interest' or 'interest' of the beneficiary is his right against the trustee as owner of the trust property; and the instrument, if any, by which the trust is declared is called the ..... 'instrument of trust'; a breach of any duty imposed on a trustee, as such, by any law for the time being in force is called a 'breach of trust'.' 9. ..... official liquidators, indra sugar works ltd. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All75
..... has been framed providing for the removal of trustees for unfitness, the exercise of that power is not contrary to section 92, c. p. c.10. ..... rule 7 runs thus ;'the court may, in any case in which it shall deem fit, extend or abridge the time appointed by these rules or fixed by an order of the court for doing any act or taking any proceeding, upon such terms (if any) as the justice of the case require....,......,. ..... the order passed under section 398 of the companies act, 1956 was for the protection of ..... bajoria would have held out officious assurances for security of mundhra's interests in the corporation even though at the outset of their talk daimia had clearly denied that he was connected with h. d ..... even if it is not so implied, i think that section 151 of the code, gives us power to change the term of the committee if we find that a change is called for in the interests of ..... has to bear in mind that the judgment delivered by us on 14-2-1962 arose out of an application under section 398 of the companies act, 1956. ..... is conceded by learned solicitor general that the code of civil procedure would apply to a proceeding under section 398 of the companies act. ..... proceedings before this court under the companies act, 1956 are regulated by the companies (court) rules, ..... :'the judgment shall be dated and signed by the judge in open court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to, save as provided by section 152, or on review.'4. .....
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