Judgment Search Results Home > Cases Phrase: official trustees act 1913 section 9 appointment of official trustee as trustee by will Page 9 of about 677 results (0.139 seconds)

Y.L. Ahuja Vs. Institute of Applied Manpower and Research and ors.

Court : Delhi

Reported in : ILR1996Delhi415

..... the national council of educational research and training and others : (1992)illj331sc , the national council of educational research and training (for short ncert) registered under the societies registration act, 1860 were held to be not a state within the meaning of article 12 of the constitution after taking into consideration their constitution and aims and objects which did not fulfill the requirements of state under article ..... the fact that the prime minister is the president or that the government appoints nominees to the governing body or that the government may terminate the membership will not establish anything more than the fact that the government takes special care that the promotion, guidance and cooperation of scientific and industrial research, the institution and financing of specific researches, ..... life insurance corporation act as well as the industrial finance corporation act conferred powers on the corporation to make regulations as to method of recruitment of employees and terms and conditions of service of such employees or agents and the ongc act, 1959 under section 12 provided that functions and terms and conditions of service of employees should be such as may be provided for in regulations under the act. ..... (5) a preliminary objection has been taken that iamr is only a society registered under the societies registration act and is not 'other authority' within the meaning of article 12 of the constitution and as such the writ petition does not lie .....

Perviz John Colah and ors. Vs. the Administrator General, West Bengal ...

Court : Kolkata

..... the court : the petitioners have applied under section 25 of the official trustees act for a direction on the official trustee to hand over possession of an immovable property which is the subject ..... the official trustee will be entitled to retain his commission and ..... petitioners will pay costs of the present proceedings assessed at 5000 gm to the office of the official trustee. ..... of trust of may 6, 1941, the said property was transferred to be held by the official trustee in trust for the purpose mentioned in the document. ..... the official trustee should hand over physical possession of the property ..... the official trustee had taken a stand on august 11, 2010 that the deed of trust required the usufructs there from to be made over to the children of kakey and khorshed in equal share but did not ..... official trustee ..... 1937, it was agreed that the said property would form part of the settlement for the maintenance of the wife and her daughters and would be transferred, free of all encumbrances, by kakey to the official trustee. ..... in addition, the official trustee will render full accounts relating to the property and the rents and collections there from and make over the accounts and the remaining funds to the credit of the trust to ..... the two living children of kakey and khorshed, who have inherited their deceased unmarried sisters estate, have affirmed recent affidavits affirming such position and supporting the petition, there will be an order in terms of prayer (b) of the notice of motion. .....

B. Muniswami Naidu Vs. the Official Trustee High Court and ors.

Court : Chennai

Reported in : (1980)1MLJ223

..... in view of one provision contained in the official trustees act, 1913, it is not necessary to consider whether the application field by the appellant herein was ..... section 25 of the act states that the high court may make such orders as it thinks fit respecting any trust property vested in the official trustee or in the income ..... 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 ..... in this particular case, it should have been the duty of the official trustee to lease out the property on the best terms possible from the point of view ..... parasaran, the learned counsel who appeared for respondents 2 and 3 herein, represented to the court that his clients are willing to pay the rent at the rate offered by the appellant herein and they are prepared to give a bank guarantee for the advance covering two ..... consequently, this section vests in the high court, in the widest possible terms, a supervisory jurisdiction over the functioning of the official trustee in respect of any trust property, and, therefore, even if the application filed by the appellant herein was not maintainable, the facts contained in the application can be taken note of by the high court for the purpose of exercising its supervisory jurisdiction under section 25 and for the benefit of the .....

Official Trustee, West Bengal Vs. Lal Chand Mullick

Court : Kolkata

Reported in : AIR1982Cal210

..... of and incidental to this application assessed at rupees three hundred and forty be paid by the said official-trustee of west bengal to the said petitioner and it is further ordered that the said official trustee do also retain and pay his own costs of and incidental to this application out of the funds in his hand and it is further ordered that the official trustee of west bengal do act on a copy of the minutes of this order signed by an officer of this court being produced ..... during which period he had to go back home from alipore court after taking necessary steps as his father was lying ill and as such even though the official trustee had earlier instructed him to contact the advocate-on-record he could, not do so during the said period, the official trustee was informed of the fact of obtaining the certified copy by the advocate-on-record on 17th march, 1981 by the said dealing assistant on 2nd april, ..... april, 1981 the papers were made ready for filing all this will appear from the petition filed by the official trustee.13. ..... period of delay was for about 17 days and the explanation that is required to be given under section 5 of the limitation act is in respect of the period from 22nd mar. ..... the official trustee will retain his cost from out of the funds of the estate in ..... other order and/or orders be passed direction and/or directions be given as will afford complete relief to your petitioner,'6. ..... the department will accept the memorandum of appeal if it is filed by ..... there will be an .....

Rahul Maheshwari Vs. Sheila Guha

Court : Kolkata

..... such permission and approval were necessary since the property vests in the official trustee, who is governed by the provisions of the official trustees act, 1913, and the matters pertaining to the properties of the trust are governed by a scheme ..... that though the 1999 agreement referred to the wardens as the owners of the property, the draft agreement of january, 2000 contemplated the official trustee and the maheshwaris being the primary parties thereto with the church represented by its wardens as the confirming party. ..... one of the joint tenants and actually in occupation of the vacant flat or flats, has volunteered to take prior permission of the official trustee before creating any sub-tenancy in respect of any portion of the premises in occupation of the joint tenants. ..... at paragraph 9 of such petition, it has been averred that the official trustee holds the park street property in trust for the armenian church and in such circumstances, "it became necessary to obtain the permission of the said official trustee for the purpose of due grant of a lease of the said premises in favour of your ..... accordingly, in keeping with the ethos of section 25 of the 1913 act, the joint tenants are permitted to create any sub-tenancy in favour of any other in respect of any ..... " a receiver was also appointed to make an inventory of the premises to ascertain the number of occupants thereat and identify the ..... the petitioner in such matters will pay costs assessed at 1000 gm each 13to sheila guha and .....

T. Krishnajee Bhat Vs. Sadasiva Tawker and ors.

Court : Chennai

Reported in : AIR1927Mad249

..... 1 to 8, who constituted the firm of tawker & sons, and who have been adjudicated insolvents, are no longer under the trust act fit to be trustees and there is no question as to their liability for being removed from the office of trustees and a fresh trustee being appointed. ..... plaintiff by his next friend against defendants 1 to 8, who are alleged to be members of the firm tawker & sons, and the 9th defendant, the official assignee, who, it is alleged, represents the estate of the insolvent firm which became insolvent subsequent to the filing of the plaint, alleging that the firm of tawker & sons were trustees in respect of a sum of rs. ..... the main contention, and in fact the only contention, raised by the official assigneee is that in the events that have happened, and having regard to the fact that the money was used by tawker & sons as part of their business and having regard to ..... the official assignee will be entitled to take his costs of this suit out of the estate and will pay the costs of the plaintiff ..... in excess of the interest due on the date of the plaint and credit will have to be given for that sum towards interest from the end of 1923 ..... 10,000 with interest and for directing the official assignee to pay the same out of the assets of defendants ..... not true, i think this is a case where the plaintiff would be entitled to be paid in full out of the sale proceeds of the showroom stock, which are now in the hands of the official assignee and which amounts to more than rs. .....

Sri Sri Sridhar Jew Vs. Manindra K. Mitter and ors.

Court : Kolkata

Reported in : AIR1941Cal272

..... the contention, however, at this hearing is that having regard to the terms of the official trustees act, the appointment was without jurisdiction. ..... 19 of the plaint in terms appropriate to a valid and proper appointment, is now for reasons which will become apparent, challenged by the plaintiff. ..... the questions which arise in connexion with this disposition i will formulate hereafter, but it should be noted that the disposition is in the form of an english trust, that is to say, it purports to vest the properties in two trustees, who are to apply the income, firstly, in the maintenance of the thakur, and, secondly, for the benefit of his sons and their families. ..... the manner in which the direction is expressed in the last clause of the judgment 'in settling a scheme for the worship, it will be determined what part of the dwelling house should be set aside for the use of the idol' indicates that this was done for convenience and was necessary to be done, when the parties remained joint in ..... at the very end of the judgment is the following sentence:in settling the claim for the worship it will be determined what part of the dwelling house should be set apart for the use of the idol. ..... true section 1, trusts act, made applicable to bengal in 1913, does not apply to religious or charitable trusts whether hindu, mahomedan or english. .....

M. Abdul Rahim Vs. the Official Assignee of Madras

Court : Chennai

Reported in : (1948)2MLJ656

..... (1) until a trustee is appointed the official receiver shall be the trustee for the purposes of this act and immediately on a debtor being adjudged bankrupt the property of the bankrupt shall vest in the trustee;(2) on the appointment of a trustee the property shall forthwith pass to and vest in the trustee appointed.confining one's attention to the words of the sections, it is clear that no distinction is made between property belonging to and vested in the insolvent at the commencement of the insolvency and property which may be acquired by, ..... 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 ..... the second qualification is this that if the insolvent carries on trade at a subsequent period, with the assent of the assignee of the estate under the insolvent act, in the first instance the property which is acquired in the subsequent trade will be subject in equity to the charge of the creditors in that trade, in priority to the claim of the assignee under the first insolvency.it is important to note that their lordships make no reference to the .....

Sm. Juthika Sircar and ors. Vs. Official Trustees of West Bengal

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. ..... 1 and 2 have no present interest because the intention of the settlor is that 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 the heir or heirs of dhirendra nath sircar according to the law of intestate succession applicable to him. ..... vautier has been stated thus:'if there is only one beneficiary or if there are several beneficiaries, and sui juris and of one mind, the specific execution of the trust may be stayed and the special trust will acquire the character of a simple trust; for through whatever channel the settlor may have intended his bounty to flow, the beneficiaries as the persons ultimately to be benefited, are in equity and from the creation of the ..... in this application prayer (a) of the petition relates to the second deed of trust dated march 12, 1945 created by sri nripendra nath sircar by which the official trustee of bengal was appointed as the trustee. ..... under the first deed of trust which is dated december 6, 1943, shri dhirendra nath sircar was appointed as the sole trustee of two immovable properties. .....

Sheet Metal Workers Vs. Lynn

Court : US Supreme Court

..... a situation where an international's constitution provides that, when a trusteeship is imposed, elected officials are required to support the trustee's policies, and thus may occupy a status similar to the appointed officials in finnegan . cf. ..... 348 official denies the members who voted for him the representative of their choice, and has a more pronounced chilling effect upon their exercise of their own title i rights, thereby contravening the lmrda's basic objective of ensuring that unions are democratically governed and responsive to the will of the membership, which must be free to discuss union policies and criticize the ..... [ footnote 10 ] section 101(a)(3) of the lmrda provides in part: "[t]he rates of dues and initiation fees payable by members of any labor organization in effect on the date of enactment of this act shall not be increased, and no general or special assessment shall be levied upon such members, except -- " "(a) in the case of a local labor organization, (i) by majority vote by secret ballot of the members in good standing voting at a ..... title i rights gives rise to a cause of action under 102 must be judged by reference to the lmrda's basic objective: "to ensure that unions [are] democratically governed, and responsive to the will of the union membership as expressed in open, periodic elections. ..... congress sought to further the basic objective of the lmrda: "ensuring that unions [are] democratically governed and responsive to the will of their memberships." id. .....