Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 9 appointment of official trustee as trustee by will Page 12 of about 677 results (0.231 seconds)

The Executive Officer, Arulmighu Varadaraja Perumal Koil Vs. P. Arumug ...

Court : Chennai

Reported in : (1995)2MLJ453

..... in this regard it may be mentioned that in view of section 9 of the act when the officials trustee has been appointed trustee under a will he holds the property vested in him upon the trust expressed in the will. ..... under section 7 of the act, the official trustee acts as an ordinary trustee and has the same powers, duties and liabilities and is entitled to the same rights and privileges and is subject to the same control and orders of the court as any other trustee acting in the same capacity. ..... 198, while referring to the duties of official trustee, it has been held).so long as the property is vested in the official trustee, it will be the duty of the official trustee to take such steps and conduct himself in such a manner as to make the trust get the maximum advantage of any transaction without prejudice to the security and safety of the trust property held. ..... in the said case, it has been further held that if the official trustee himself wants to lease out the property the normal procedure to be adopted is by public auction. ..... official trustees of madras (1994) 1 l.w. ..... official trustees of madras (1994) 1 l.w. ..... no doubt if sanction is not granted for a particular negotiated sale and the trustee comes forward to request for sanction for a sale by a different mode, that is, sale by public auction, then no doubt the commissioner could consider the same in the light of what is contained under section 34 of the act. .....

Anil Baran Deoty and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1974Cal205,77CWN826

..... i have pointed out hereinbefore that under paragraph 2 of theschedule i the publication in the official' gazette under section 45 (2) has the effect of a notification under section 4 of the land acquisition act and a notification under sec-ion 51 (2) would have the effect of a declaration under section 6 of the said act. ..... 3, the trustees for the improvement of howrah prepared a general improvement scheme under section 33 (2) of the howrah improvement act, 1956 (hereinafter referred to as the said act)covering various areas in the erstwhile ward no. ..... if it has been so rejected and abandoned has the trustees any obligation to give any public notice of such decision including one of publication in the official gazette? ..... such being the position with the scheme at present, the trustees claim that as yet there is no final decision to abandon the scheme. ..... according to them notwithstanding the resolution dated november 28, 1968, by the trustees abandoning the scheme altogether, the objection committee on january 21, 1969 revised its decision dated november 14, 1968 and decided to reconsider the matter. ..... section 33 (2) authorises the board of trustees to frame and execute an improvement scheme of the nature as framed in the present case. ..... on the pleadings as aforesaid it will be necessary to decide in the first place as to whether the trustees can lawfully reopenthe scheme after its abandonment under section 49. .....

Macdonell Errol Mackay and Others Vs. Oswald Forbes

Court : Privy Council

Reported in : AIR1940PC16

..... 10, official trustees act (act 2 of 1913), or, alternatively, for appointment of the said official trustee under s. ..... 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. ..... the official trustees act, 1913, was amended by the government of india (adaptation of indian laws) order, 1937, which was made by virtue of sec. ..... with reference to the costs of a petition by the respondent which by the board's order of 18th may 1939, were directed to be paid by him in any event, these will be taxed and set off against the costs that the appellants are by this judgment ordered to pay. ..... counsel for the appellants suggested that the court may have considered this section and decided to withhold a certificate, though that decision is not expressed. ..... section 205, government of india act, is not referred to in the judgment. ..... this section imposes on the high court the duty of considering and determining in every case, as part of its judgment, decree or final order, the giving or withholding of the certificate. .....

C.R. Shivananda and Another Vs. H.C. Gurusiddappa and Others

Court : Karnataka

..... to see this distinction that it committed an error in directing that administrators general in accordance with the provisions of administrators general act no.45 of 1963 and a official trustee under official trustee act no.2 of 1913 should take over the property for administration. ..... a trespasser is different from that of a trustee de son tort; the former claims adversely to the trust and so cannot be deemed to be a trustee within the meaning of the section, while the latter does not claim adversely though here may be defect in his title to act as a trustee. ..... out, and as it was not the case of the plaintiffs, that any direction of the court was necessary for proper administration of the trust, the very foundation of a suit under section 92, civil procedure code, became wanting and the plaintiffs had absolutely no cause of action for the suit they instituted. ..... prayers made in the plaint are undoubtedly appropriate to the terms of section 92 and the suit proceeded on the footing that the defendant, who was alleged to be the trustee in respect of a public trust, was guilty of breach of trust ..... ion the third place, the reliefs claimed must be one or other of the reliefs specified in the section and lastly, the suit must be one brought in a representative capacity in the interests of the public or of the trust itself and not for ..... of the appellant that the court had no jurisdiction to remove him from his position as head of the math to which he had been appointed by the will of the swami. .....

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

..... of his right or liberty except in due course of and by if a member of the executive seeks to deprive a citizen of his right or liberty otherwise than in exercise of power derived from the law common or statute-the courts will be competent to and indeed would be bound to protect the rights of the aggrieved citizens.it was further held in its summing up thus:under our jurisprudence the government is not exempt from liability to carry out the representation ..... 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, or that of the officer by whom the functions are commonly executed.section 17 of the general clauses act substitutes the ..... the persons who do not belong to those classes, but produce a certificate to mask their social status and secure an appointment to an office or post under the state or public employment or admission into an educational institution maintained by the state or receiving aid from the state, on later investigation, though belated, was found that the ..... 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 after february 28, 1975 had .....

A. Razzak Vs. Commissioner Income-tax, West Bengal.

Court : Kolkata

Reported in : [1963]48ITR276(Cal)

..... in fact manages property on behalf of another) appointed by or under any order of a court, or any trustee or trustees appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including the trustee or trustees under any wakf deed which is valid under the mussalman wakf validating act, 1913), are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such court of wards, administrator-general, official trustee, receiver or manager or trustee or trustees, in the like manner and to the same ..... effect that the assessee received the amount in trust for himself and his wife and children and it was open to the department to proceed under the first proviso to section 41(1) of the income-tax act and recover tax on a separate assessment made on the assessee as a trustee in respect of the said sum at the maximum rate, because the individual shares of the beneficiaries on whose behalf the money was receivable were indeterminate and not known. ..... 2 - first part is answered in the negative and the second part is answered in the affirmative, that is to say, the answer is that the provisions of section 41, income-tax act, were applicable in the facts and circumstances of the case and the assessment should be made as a separate assessment for each of the persons on whose behalf the income is received.there will be no order for costs in this reference.g.k. .....

The Executive Officer, Arulmigu Ranganathaswami Devasthanam Vs. His Ho ...

Court : Chennai

Reported in : (1989)2MLJ54

..... it is also argued that under section 110(3) of the hindu religious and charitable endowments act the deputy commissioner and the commissioner, while holding an enquiry under section 63 or 69, shall be deemed to be acting judicially within the meaning of the judicial officers protection act and therefore passing an order by the commissioner and the deputy commissioner is a judicial act and not an official act within the meaning of section 80, c.p.c. ..... to state a few facts of the case, according to the plaintiff -his holiness srivan satagopa sri vedantha de-sika yathindra mahadesigan, 44th jeer of sri abhobila math - hereditary trustee of vedantha desikar sannadhi within the precincts of sri ranganathaswamy temple at srirangam, there is a shrine for sri vedantha desikar inside the temple. ..... is attracted, cannot be validly instituted until the expiration of the period of two months next after the notice in writing has been delivered to the authorities concerned in the manner prescribed for in the section and if filed before the expiry of the said period, the suit has to be dismissed as not maintainable,(emphasis supplied).the emphasized words, viz. ..... therefore, no third party will be prejudiced when no notice is sent under section 80, c.p.c. ..... we will first see whether for want of notice under section 80, c.p.c. ..... therefore the said privy council decision will not apply to the facts and circumstances of this case. ..... but there will be no order as to costs l.p.a. no. .....

Official Trustee of West Bengal Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1979]116ITR219(Cal)

..... the assessment for the relevant assessment years, itwas claimed by the assessee, the official trustee, that the payment ofrs. ..... title of nawab bahadur or to the sum of rupees two lakhs and thirty thousand payable to the nawab bahadur from the revenues of the government in pursuance of the indenture included in, and confirmed by, the moorshedabad act, 1891, or to the payment thereof to the nawab bahadur in accordance with the provisions of the said indenture by equal monthly instalments of rupees nineteen thousand one hundred and sixty-six and ten annas and eight ..... properties, movable and immovable, referred to in the indenture included in, and confirmed by, the moorshedabad act, 1891, including the schedules of properties annexed thereto, with the additional immovable properties added under the provisions of: (a) sub-section (1) of section 3 of the act, and (b) section 32 of the land acquisition act, 1894, as formed part of the murshidabad estate immediately before the commencement of this act and are situated in west bengal or in any place outside west bengal. ii. ..... as from the appointed day- (1) all the properties of the murshidabad estate (hereinafter referred to as the trust properties) shall vest in the trustee to be held by him in trust for the benefit of the sons and daughters of the ..... an obligation is created upon a person in respect of his income to disburse it in certain manner after he receives the amount as his income that will be application of the income. ..... will beartheir .....

State Bank of India,stressed Assets Mana Vs. M/S.Monarch Pipes Limited ...

Court : Andhra Pradesh

..... the division bench observed that the obvious purpose of section 185 of the indian companies act, 1913 was to set up machinery by which a trustee/receiver/banker/agent or an officer of the company receiving money on its behalf could be compelled to deliver it to the liquidator. ..... however, during the course of arguments sri m.anil kumar, learned counsel for the official liquidator, drew the attention of this court to section 468 of the act of 1956 which is a replication of section 185 of the indian companies act, 1913. ..... ltd (in liquidation) 6, a division bench of the punjab high court was dealing with section 185 of the companies act, 1913 which is in pari materia with section 468 of the act of 1956. ..... the appellant contended that section 185 of the indian companies act, 1913 had no application to him and that the liquidator's application was barred by time. ..... he further contended that sbi had no locus to maintain the application and that it was only the official liquidator who could do so upon his initial appointment as the provisional liquidator of mpl on 26.06.2006 and as it's official liquidator, upon the winding up order being passed on 30.08.2006 in rcc no.2 of 2006. ..... the apsfc stated that it was willing to take up sale of the assets of mpl and that it had no objection to the unit being continued to be run by sppl, subject to payment of lease rentals at the agreed rates permitting the state financial institutions to appropriate the same on .....

Maulik Trust Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (1982)1ITD973(Ahd.)

..... are held were an individual who is a citizen of india and resident in india for the purposes of this act, and- (b) at the rate of one and one-half per cent, whichever course would be more beneficial to the revenue.the sub-section after amendment by the finance (no. ..... order under the head "before amendment" and which we quote below : (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 ..... if the corpus of the trust was to belong to an individual as enacted by this amendment, there will be no question of any part of value of corpus remaining outside the taxation net. .....