Judgment Search Results Home > Cases Phrase: official trustees act 1913 Page 6 of about 30,935 results (0.079 seconds)

Omar Tyab Aba Shariff Vs. Ismail Tyab Aba Shariff

Court : Mumbai

Reported in : AIR1928Bom69; (1928)30BOMLR177; 108Ind.Cas.495

..... ' on my inquiring as to the reason for the change, he mentioned that as official trustee the fees chargeable would be less and besides that, there was the government indemnity under the official trustees act ii of 1913. ..... the guardians and wards act was passed in 1890, and the official trustees act was passed in 1913, and if it was the intention of the legislature that the official trustee as such should be appointed also the guardian of the property of a minor, i think that intention would have been expressed by appropriate terms.26. ..... then comes section 12 of the official trustees act under which a donor or an executor or administrator or a trustee can transfer a gift or legacy or share of the assets of a deceased person to which an infant or a lunatic is entitled to the official trustee with his consent, and upon such transfer the property will vest in the official trustee and shall be subject to the same provisions as are contained in the act as to other property vested in the official trustee. ..... be lawful for the supreme court of each of the presidencies in the said territories, on petition to appoint the registrar, or such other officer of the court, as the court may from time to time select as the official trustee, under the provisions of this act to be a trustee of such property, and that upon such appointment such property shall vest in such officer and his successors in office, and shall be held by them upon the same trusts as the same was .....

In Re: Trust for Zebunnessa Khatoon

Court : Kolkata

Reported in : AIR1940Cal169

..... this view was based on a comparison between the official trustees act of 1864 and the official trustees act of 1913. ..... in my view, irrespective of any particular official trustees act, if there is now an official trustee of bengal capable of receiving the money under clause 2 of section 6 that is sufficient. ..... in my view the official trustee under the old act is not of a different species of being from the official trustee under the later act of 1913. ..... there had been earlier acts relating to the official trustee as there is now a later act of 1913.4. ..... as i have said, the question whether the official trustee, being the person made payee by the act itself is entitled to refuse to enforce a trust is a question with which i am not called upon to deal. ..... he was impressed by the fact that there is liberty under section 7 of the latter act to the official trustee either to accept or refuse a trust. ..... the company then turned round and took a second objection, namely that these trustees were not properly appointed and that under the act it must be the official trustee and no other. ..... that act is the act relating to the official trustee in force at the time of the married women's property act. ..... clause 3 declares that in reference to such sum, that is, the sum paid to and received by the official trustee, he shall stand in the same position in all respects as if he had been appointed trustee thereof by a high court under act 17 of 1864, section 10. .....

Sm. Haridasi Debi Vs. Manufacturers Life Assurance Co. Ltd.

Court : Kolkata

Reported in : AIR1937Cal379

..... this apparent inconsistency is that section 6, married women's property act (act 3 of 1874) does not apply to the corporation sole which has been created under the provisions of the official trustees act of 1913; that is to say the official trustee mentioned in section 6, married women's property act is not the legal person referred to in the official trustees act of 1913, which is a corporation sole. ..... trustee has been properly appointed within the meaning of the section, and that it is not necessary to appoint the official trustee, that is to say, the holder of the office created under the provisions of the official trustees act of 1913 ..... that the official trustee could not refuse a trust apparently imposed by section 6 upon him, but after further consideration it seems to me obvious that there are inconsistencies between the provisions of section 6, married women's property act and the official trustees act of 1913. ..... the official trustees act override in this respect section 6, married women's property act. ..... raised another point, namely that the learned judge had no power to make such an order under the terms of the section, and that the official trustee is the only person to whom the defendants are under any obligation to pay the money, if indeed the money has become payable to anybody. ..... section 7 of the latter act, the consent of the official trustee is required before any trust ..... official trustee referred to in section 6, who was appointed under the provisions of section 10 of act .....

Christopher Karkada, Bangalore and Others Vs. Church of South India, R ...

Court : Karnataka

..... is because of its failure 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 an official trustee under official trustee act no.2 of 1913 should take over the property for administration. 70. ..... the printed reports of the basel german evangelical missionary society,-the successor of which since 1926 is the defendant 30 basel mission,-published annually form about 1841 onwards upto about 1913, the issues of the official gazette of the basel mission published periodically, the rules of the basel german evangelical mission, the second edition of which was printed in 1903, and also the constitution and rules of the mission and church ..... continue to be held in trust by the csi trust association for the benefit of the members of the ubmc of south canara and coorg, even if a merger takes place and as on that date the company which was acting as the trustee was wound up by the order of the high court, the said deed of trust was brought into existence to manage the properties of the trust. ..... by virtue of the trustee act 1925, s.40, this can often be done without any express conveyance or ..... was to manage the property for the benefit of the beneficiaries to whom it was meant for, in the light of the judgment of the apex court, on account of the fact that the company which was acting as a trustee and managing the affairs was ordered to be wound up by the order of a court. .....

Official Trustee Vs. Commissioner of Wealth Tax

Court : Mumbai

Reported in : (2009)227CTR(Bom)115; [2009]180TAXMAN595(Bom)

..... of 1974 and the trustees in respect of both the trusts were substituted by the official trustee appointed under the official trustees act of 1913. ..... [subject to the provisions of sub-section (1a), 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 ..... in other words, the contention is that since the appointment of the official trustee is by a statute, such an official trustee is not covered by the scope and ambit of section 21(1) of the wealth-tax act which is the sole charging section in respect of assets held in trust by the various categories of specified ..... 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. .....

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

Court : Karnataka

..... is because of its failure 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. ..... person may be described as a de facto trustee or a trustee de son tort and is distinguishable from a trespasser out and out who does not support to act as a trustee at all but claims adversely to the trust. ..... do plaintiffs proved that defendant no.2 has rendered himself not competent and fit to be a trustee of the plaint schedule properties by his acts of omissions and commissions alleged in the plaint? ..... who without title chooses to take upon himself the character of trustee becomes a trustee de son tort and is liable to account for what he has done or what he has received while so acting in the same way as if he were a de jure trustee. ..... our opinion, the position of 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. ..... who without title chooses to take upon himself the character of a trustee becomes a trustee de son tort and is liable to account for what he has done or what he has received while so acting in the same way as if he were a de jure trustee. .....

P.B. Shah and Co. and ors. Vs. Chief Executive Officer and ors.

Court : Kolkata

Reported in : AIR1962Cal283,65CWN1128

..... thus by section 6 of the official trustees act (ii of 1913), the official trustee is made a corporation sole by the name of the official trustee of the state for which he is appointed and he may be sued in his corporate name. ..... thus by sub-section (3) of section 10 of the calcutta official receivers act (bengal act vii) 1938 the official receiver of the high court at calcutta may be sued in the name of 'the official receiver in the matter .....'. ..... the commissioner is an official appointed by the state government under section 19 of the act the chief executive officer now functions as the commissioner in view of west bengal act xxi of 1958. ..... occupying the office of the commissioner, corporation of calcutta be made a party defendant the question will arise whether he is a public officer within the meaning of section 2(17) of the code of civil procedure and whether the suit is in respect of an act purporting to be done by him considering that the suit challenges an order passed by his predecessor-in-office. ..... there is no provision in the calcutta municipal act, 1951 to the effect that the persons occupying those offices may sue or be sued by their official title and designation. ..... there is however no provision either in the calcutta municipal act 1951 or in any other statute that the person occupying the offices of the commissioner, of the chief executive officer and of the city architect are corporation soles or that they or any of them may sue or be sued by their official titles. .....

Administrator-general of West Bengal Vs. Commissioner of Income-tax, C ...

Court : Supreme Court of India

Reported in : AIR1965SC1436; [1965]56ITR34(SC); [1965]1SCR650

..... 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 amount as it would be leviable upon and recoverable from the person on whose ..... the courts of wards, the administrators-general, the official trustees or any receiver or manager (including any person whatever his designation who 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 duty executed instrument in writing whether testamentary or otherwise (including the trustee under any wakf deed which is valid under the mussalman wakf validating act, 1913 (6 of 1913) are entitled to receive on behalf of any person, the tax .....

Commissioner of Income Tax Vs. Jogendra Nath Naskar and anr.

Court : Kolkata

Reported in : AIR1965Cal570

..... in 1864 the official trustee act (act 17 of 1864) was passed (now repealed by act 2 of 1913), by which property could vest in trust for charitable purposes other than religion. ..... according to the strict mohammadan law where any personal benefit in the shape of maintenance and support of a mohemadan founder of his family, children and descendants was held to vitiate the wakf and the wakfs validating act, 1913 was passed in order to validate such wakfs and, therefore, those trustees who were formerly held to be trustees under an invalid wakf trust because of that personal benefit had to be expressly brought in. ..... on behalf of the deity, the assessee, the main argument is that the shebait does not come within the language of the specific classes of persons mentioned in section 41, namely (1) courts of wards, (2) the administrators-general, (3) the official trustees, (4) receiver or manager appointed by or under any order of a court, and (5) any trustee or trustees within the meaning of that section.12. ..... its attractiveness arises from the fact that section 41 is intended to reach representatives only like the courts of wards, the administrator-general, the official trustee, the receiver or manager or trustee. ..... the language is:'including the trustee and the trustees under any wakf deed which is valid under the mussalman wakf validating act, 1913. .....

Commissioner of Income-tax, Punjab, Jammu and Kashmir, and Himachal Pr ...

Court : Delhi

Reported in : [1968]69ITR598(Delhi)

..... fleming case, his estate was sequestrated under the bankruptcy (sctoland) act, 1913, and a trustee was appointed. ..... veda vyasa comment about this case again is that the position of the official assignee is different from that of the custodian.the cases relating to the enemy properties legislation, referred to at the bar, may nto lend any direct assistance in this case as we are concerned with the construction of the word &quto;owner&quto; in section 9 of the indian income-tax act; still they do go to indicate the nature of interest left with the ..... interfere with the addition made in the quantum of sales and, in the result, directed the income-tax officer to recompute the result, by first converting the purchase price into indian rupees at the official rate of exchange and, thereafter, work out the loss by taking the sales at the figure of rs. ..... argument of the assessed that the official assignee had no legal interest in the property, which was vested in the official assignee only for the purpose of administration, and such vesting did nto make the official assignee an owner, was rejected. ..... case of official assignee for bengal it was held that, in view of the provisions of section 17 of the presidency towns insolvency act, the official assignee, in whom the property vested as a result of adjudication of jnanendra nath as bankrupt, was the owner of the property within section 9 of the indian income-tax act. ..... fleming and official assignee for bengal (estate of jnanendra nath pramanik, .....