Judgment Search Results Home > Cases Phrase: official trustees act 1913 Page 7 of about 30,935 results (0.104 seconds)

Sanat Kumar Mitra Vs. Hem Chandra Dey and ors.

Court : Kolkata

Reported in : AIR1961Cal411

..... provisions of the religious part of the trust being performed by the heirs of the settlor, takes the instant case out of the provisions of section 7(5) of the official trustees act and the said section is no impediment to the official trustee acting as trustee in the instant case. ..... of the official trustees act reads as follows:-'the official trustee shall not save as provided in the rules made under this act accept any ..... section 7(5) operatesas a bar to the official trustee in acting as trusteeunder the instant trust, less than two trustees are incompetent in terms of the instrument to exercise the function of trustee for a period more than three months and as such phani ghose alone was competent in law to appoint hem chandra' as trustee. ..... contention that the official trustee suffers from the disability to become a trustee of the instant trust under section 7(5) of the official trustees act. ..... of the surviving trustee under section 71(c) of the official trustees act. ..... renounce executorship and do not apply for probate of this will within 8 months from the date of my death then and in any of such events happening the official trustee of bengal shall become the executor and trustee of this my will and sole trustee of the said debutter and charitable institution to be created and established as aforesaid in which case my heir or heirs for the time being shall be the shebait ..... settlor will act as she-bait and perform the religious trust only under the supervision of the official trustee.11. .....

Sm. Bhuban Mohini Debi and anr. Vs. Biraj Mohan Ghosh

Court : Kolkata

Reported in : AIR1940Cal1

..... mentioned here that no notice under section 80 is necessary in suits against the official trustee or the administrator-general except when these officers are sought to be made personally liable : vide section 16, act 2 of 1913 and section 41 of act 3 of 1913. ..... position different from that of the official trustee or the administrator-general. ..... contemplates in my opinion a suit against the receiver which seeks to make him personally liable for acts, done or purporting to be done by him in his official capacity, and it does not contemplate a case where a suit for possession is brought against the owners of the estate in the respect of which he has been appointed a receiver, and which suit he has got ..... ' if it is sought to make an officer personally liable for certain acts done or purporting to be done by him in his official capacity, it is essential before a suit is commenced that there should be a notice served upon him under section ..... but their lordships of the judicial committee left the question undecided, and disposed of the case on the other ground that the suit was not one in respect of any act or omission on the part of the common manager, assuming that he was a public officer within the meaning of section 80, civil p.c. dr. ..... section 80 was intended 'to afford protection to officials against personal responsibility for official acts. ..... of the plaintiffs even as regards declaration of title, is clearly based on certain specific acts alleged to have been committed by the receiver. .....

Sunita @ Sudesh Vs. Kapil Dev and ors.

Court : Delhi

Reported in : 40(1990)DLT418; II(1990)DMC1; 1990(18)DRJ278

..... 1, filed a petition, for dissolution of marriage, by a decree of divorce, under section 13(l)(ia) of the hindu marriage act, 1955, in november, 1982. .....

In Re: CertaIn Trusts Created by the Will of George Bridge; in Re: Off ...

Court : Kolkata

Reported in : AIR1938Cal486

..... there was a scheme for payment to various creditors including the plaintiff; 'the official trustee to act on counsel's endorsement without the order being drawn up. ..... on the above grounds therefore, even without the proviso added by act 21 of 1929 i should have been of opinion that the creditor is debarred from attaching or from obtaining a receiver of the income payable by the official trustee to j. c. ..... l, khaitan, the attorney, was appointed receiver, without security, of the income and other moneys payable to the defendant by the official trustee of bengal out of the estate of her father george bridge. ..... of this will the official trustee is now trustee and the matter comes before me on an application for directions. ..... in the circumstances i direct the official trustee to dispose of the income of the settled funds irrespective of the decree dated 27th september 1937. ..... in these circumstances, the official trustee asks by way of directions to be advised whether he should make the payments directed by the consent decree of 27th september 1937.2. ..... ' 'the official trustee relies upon my judgment of 26th november 1936 whereby i held that no creditor of mrs. j. c. ..... its wording is original and so far as it is material may be parapharased as follows : 'no husband shall, by marriage acquire any interest in the property of the wife and no wife shall become incapable of doing any act in respect of her own property which she could have done if unmarried. .....

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. .....

People's Insurance Co. Ltd. Vs. Sardar Sardul Singh Caveeshar

Court : Punjab and Haryana

Reported in : AIR1962P& H543

..... petition on behalf of the people's insurance company, limited, (in liquidation), under section 185 of the indian companies act, 1913, which provides that the court may, at any time after making a winding up order, require any contributory, any trustee, agent, officer of the company, etc. ..... nicollas, (1878) 3 ac 1004 (1026) said,--'when one says to another, 'i take upon myself to say such and such things exist and you may act upon the basis that they do exist' and the other man does really act upon that basis, it is of the very essence of justice that between these two parties their rights should be regulated, not by the real estate of facts, but by that conventional ..... , trustee, or officer of the company to pay, deliver, surrender or transfer to the official liquidator any money, property or documents in his hands to which the company ..... (19-27) in these proceedings the stand of the official liquidator is that the respondent should be pinned to the abovementioned documentary proof showing that the several amounts referred to above were first paid by him to the company and ..... , to pay, deliver, surrender or transfer to the official liquidator any money, property or documents in his hands to which the company ..... my anxious thoughts, i am not satisfied that the official liquidator can successfully invoke the provisions of section 185 of the indian companies act. ..... to the official liquidator of ..... facie entitled to this amount which the respondent is ordered to pay to the official liquidator. .....

Hiralal Kalyanmalji Seth and anr. Vs. the Gendalal Mills Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR1976SC910; [1976]46CompCas142(SC); (1975)2SCC515; 1975(7)LC428(SC)

..... the impugned order under section 195 of the indian companies act, 1913 was made on the prayer of the official liquidators. ..... the appellants question the propriety of an order under section 195 of the indian companies act, 1913 made by the district judge, jalgaon on november 22, 1967 summoning the appellants before him for the purpose of examining them concerning the trade, dealings, affairs and property of the respondent company, the gendalal mills ..... in their application asking the court to exercise its powers under section 195, the official liquidators also alleged that the debenture trust deed was a sham document executed to defraud the unsecured creditors, and that the debenture trustees had the properties of the company sold after the winding up order was made without the knowledge and permission of the court.3. ..... some time in july, 1954 the debenture trustees proceeded to enforce the security and appointed the first appellant as receiver on their behalf. ..... 1) on behalf of the debenture trustees the alleged sales of properties of the company by the opponents and other trustees, the sale prices thereof, their utilisation etc. ..... the debenture trustees had the properties of the company sold in enforcing the security after the winding up order had been made. .....

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, .....

Mohammed Omer Family Trust Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1992)40ITD1(Hyd.)

..... person, such court of wards, administrator general, official trustee, receiver or manager; (iv) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including any wakf deed which is valid under the musalman wakf validating act, 1913 (6 of 1913) receives or is entitled to receive on behalf of or for the benefit of any person, such trustee or trustees....thus a representative assessee is one who receives or is entitled to receive on behalf of ..... minor, lunatic or idiot, the guardian or manager who is entitled to receive or is in receipt of such income on behalf of such minor, lunatic or idiot; (iii) in respect of income which the court of wards, the administrator general, the official trustee 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, receives or is entitled to receive, on behalf of or for the benefit of any ..... legal obligation to carry out the objects of the trust and to act in accordance with the deed of trust subject to the provisions of the indian trusts act, 1882, and if they fail in their duty they are accountable in their capacity as trustees.it was further pointed out that though the assessee devoted himself to the business, it was in his capacity as trustee which was not expressly remunerated and, therefore, the income derived .....

Rahul Maheshwari and Another Vs. Sheila Guha and Others

Court : Kolkata

..... 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 portion of premises no.46 park street under their occupation, but only after obtaining the previous sanction of the official trustee. ..... guha, who is 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 subtenancy in respect of any portion of the premises in occupation of the joint tenants. ..... initially, it was through a lease for ten years, after one more extension the official trustee created tenancy on the same terms and conditions that would include authority to sublet any part of the ..... of 2000, inter alia, for obtaining permission of this court with regard to development of the said property in terms of the agreement referred to above and a corresponding direction upon the official trustee to execute the said agreement on behalf of the church. ..... learned counsel appearing for the church on instruction contended that church would be happy if the subject agreements were allowed to be performed with a little modification as to enhancement of the consideration that maheshwaris were to pay to the official trustee and/or the church, as the case may be. ..... after expiry of the said lease the official trustee created tenancy giving right to the tenant to have protection under the tenancy law that they otherwise might not have as .....