Judgment Search Results Home > Cases Phrase: official trustees act 1913 Sorted by: recent Page 1 of about 31,062 results (0.096 seconds)

Shri Jaichandlal Ashok Kumar and Co. Pvt. Ltd. Vs. Nawab Yossuf and An ...

Court : Kolkata

..... pass certain orders either under the indian trust act, 1882 or under the official trustees act, 1913 or under the trustees and mortgages powers act, 1866 or under his inherent power is ..... the court receiving the proceeding had the jurisdiction to accept it but must also have the authority to pass the order sought for, an argument, inspired by the observation in paragraph 15 of official trustee, west bengal & ors.versus sachindra nath chatterjee & anr. ..... is coram non judice, and actions will lie against them without any regard of the precept or process (emphasis added) the court of the marshalsea in that case acted without jurisdiction because, its jurisdiction being limited to members of the kings household, it entertained a suit between two citizens neither of whom was a member of the kings household. ..... most quoted example of the application of a principle illustrated by many later cases where the question whether a court or other tribunal of limited jurisdiction has acted without jurisdiction (coram non judice) can be determined by considering whether at the outset of the proceedings that court had jurisdiction to entertain the proceedings at ..... judicial review of administrative action, fifth edition, paragraph 5-044, has summarised the concept of void and voidable as follows: behind the simple dichotomy of void and voidable acts (invalid and valid until declared to be invalid) lurk terminological and conceptual problems of excruciating complexity. ..... under section 64 of the act of 1913. .....

Official Trustee, State of Maharashtra Vs. Maharashtra Housing and Are ...

Court : Mumbai

..... chinoy has not invited our attention to any provision of the official trustees act, 1913, which requires an official trustee to seek permission of the court before filing proceedings, including a writ petition. ..... order reads as under : "this is a petition filed under the provisions of the official trustees act, 1913, seeking sanction of the sale of the property pertaining to shree venkatesh balaji temple at walkeshwar, in pursuance of the memorandum of understanding entered into between the petitioner and official trustee on 29-11-1994. ..... what then are the powers of any other trustee acting in the same capacity the official trustees act itself does not require the official trustee to seek the permission of the court before filing proceedings in the interest of the ..... the supreme court obviously considered a case under section 28(b) of the official trustees act which provides that an official trustee may, incur expenditure with the sanction of the high court on such religious, charitable and other objects and on such improvements as may be reasonable and proper in the case of ..... 7(2) of the official trustees act provides that the official trustee shall have the same powers, duties and liabilities and be entitled to the same rights and privileges and be subject to the same control and orders of the court as any other trustee acting in the same ..... thus, section 28(b) of the official trustees act expressly requires the official trustee to seek the sanction of the high court while incurring .....

N. Ismail Rep. by His Power of Attorney, N. Abdul Rahman Koya and Othe ...

Court : Chennai

..... the ag&ot; dated 19.5.2010 it was informed that this court alone can pass an order in respect of the subject mentioned property under section 25 of the official trustees act, 1913, based on which m.p.no.5616 of 2010 was filed before this court on 22.10.2010 for direction to the ag&ot; to convey the land in favour of chennai metro ..... if at all the state is having any right to resume the land, it can file an application under section 25 of the official trustees act, 1913 and therefore the government order and the consequential notice issued cannot be sustained. 10. ..... a letter to the official trustee for which the official trustee sent a reply on 19.5.2010 stating that only the high court can make orders in respect of the subject mentioned property under section 25 of the official trustees act, 1913. ..... the choultry, which is subject matter of the scheme decree passed by this court in c.s.no.90 of 1963 dated 18.8.1970, partly modified in o.s.a.no.55 of 1970, pursuant to which the administration of the trust is vested with the official trustee with a co-trustee from the founder's family, who in turn are directed to give lease upto five years and if the lease is to be granted beyond five years, permission of the court has to be obtained; that the petitioners ..... department to the ag&ot; seeking his advise, who in turn stated that the lands are administered by him under a scheme decree and therefore the government should apply under section 25 of the official trustee act, to the high court. .....

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 ..... 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. ..... 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. ..... official trustee's reaction to the original game-plan, the wardens acted with alarming alacrity in conjuring up a draft agreement containing similar commercial terms to sugar-coat the pill for the official trustee ..... 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 ..... thereof would be allotted to the developers and the rest would be divided between the parties in equal share with the developers enjoying a 99-year lease under the official trustee in respect of their allocation of 10,000 sq.ft built-up area at a monthly rent of 4rs.5000/. .....

Mrigan Maity and Others Vs. Daridra Bandhab Bhandar and

Court : Kolkata

..... had jurisdiction to pass certain orders either under the indian trusts act, 1882 or under the official trustees act, 1913 or under the trustees and mortgagees powers act, 1866 or under his inherent power is not conclusive of the ..... heart and wanted to incorporate the change by a deed inter vivos and took out an originating summons under chapter xiii of the rules on the original side of this court in 1937 for two reliefs: to appoint the official trustee as the trustee in place and stead of the settlor; and, to make the relevant change by way of a deed inter vivos by revoking the clause in the trust deed that such change would be "by will alone. ..... that only the out-patients' departments at two of the hospitals are in operation and since the rightful persons entitled to the assets and the administration of the society cannot immediately be determined, the concerned official should forthwith seal all the hospitals and ensure 48preservation of the lands and the assets thereat with authority to obtain police assistance for such purpose till the rightful persons entitled to control the ..... state next relies on the celebrated judgment reported at (1969) 3 scr 92 (official trustee v. ..... the state contends that it does not appear from either order that the court's notice was drawn to the applicable provisions of the 1950 act or the rules thereunder or that the court was afforded any opportunity to apply its mind to the effect of allowing picasona to run the hospitals on the basis of the previous .....

Elias Meyer Free School and Talmud Torah and anr. Vs. the Official Tru ...

Court : Kolkata

..... the principal matter is under sections 25 and 29 of the official trustees act, 1913. ..... the petitioners claim that it was around the same time that the petitioners came to be aware of a second appeal pending in this court arising out of a suit filed by the official trustee in the year 1960 in respect of the 36-bigha plot that had been let out by the trust to the said company for a period of a year renewable for a further year ..... the report of the commissioner in the suit filed by the official trustee against beni ltd and firm ramanlal madanlal found that there were several buildings and structures on such land which had been constructed prior to the tenancy in respect of such land being created ..... 1527 of 2010 was not disposed of since the applicant could not immediately satisfy court as to its rights in respect of the 36-bigha plot since it was the firm that was a defendant in the official trustees suit and not any company bearing a similar name. ..... the petitioners say that the conduct of the official trustee is even more distressing since an educational institution is the beneficiary of the trust ..... by a deed of conveyance executed in 1938 the official trustee, as the sole trustee of the relevant trust, purchase land measuring 76 bigha and 17 cottah, commonly known as the ezra arakie park in ariadaha, in what is now on the northern fringes of the city ..... the other section, inter alia, permits the official trustee to transfer any property vested in him to any person if so directed by the court .....

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT112

..... in addition to the above before the present wakf act, 1995, the official trustees act ii of 1913; charitable endowments act vi of 1890; religious endowments act xx of 1863 and the code of civil procedure, 1908 to the extent of certain provisions therein also applied to the ..... the first of all the legislations can be traced to mussalman wakf validating act, vi of 1913, which declares that it is lawful for a person professing the mussalman faith to create a wakf, which in all other respects is in accordance with the provisions of the mussalman law, for the following among ..... such cases expressly or impliedly reserved for the poor or for any other purpose recognized by the mussalman law as a religious, pious or charitable purpose of a permanent character.the said legislation was followed by wakf act, 1913; wakf act, 1954; wakf (amendment) act, 1984 and the present wakf ..... observed that the character of the remaining portion of the wakf property would not be affected or altered merely because they would no longer be governed by the provisions of the wakf act, 1995 and would be governed by mohammedan law and enactments enacted in respect thereof, such as the mussalman wakf validating acts of 1913 and 1930, the religious endowments act, 1863 and the shariath application act, 1937. ..... the government is empowered to nominate two persons from each category of persons under clauses (c) and (d) and also appoint a government official under clause (e) of sub-section (1) of section 14 of the act. .....

Sailesh Developers, a Registered Partnership Firm and Mr. Ramesh Bhava ...

Court : Mumbai

Reported in : 2007(4)ALLMR100; 2007(3)BomCR7

..... of the high court disposed of the said application by treating the same as one under official trustees act, 1913. ..... grant of long term lease in respect of the said property and exercise of supervisory jurisdiction of high court under section 25 of the official trustees act, 1913. ..... may make such orders as it thinks fit respecting any trust property vested in the official trustee, or the income or produce thereof.section 26 of the said act of 1913 provides that an order under section 25 may be made on the application of any person beneficially interested in any trust property or by any trustee of the trust. ..... matter of exercise of it supervisory jurisdiction under section 25 of the act the high court has to be guided by the same consideration which governs the administration of trust property by the official trustee, namely, 'to make the trust get the maximum advantage of a ..... official trustee 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 ..... the division bench of the high court has held that although the official trustee, if he were to lease out the property, should have done so by public auction but since lease was being granted under order passed by the high court after being satisfied that .....

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Reported in : 2006(14)SCALE285

..... interpretation and application of the provisions of sections 25 and 26 of the official trustees act, 1913 (for short, 'the 1913 act') as also section 302 of the indian succession act, 1925 (for short, 'the succession act') falls for consideration in this appeal, which arises out of a judgment and order dated 21.12.1999 passed by a division bench of the calcutta ..... questions which in view of the rival contentions of the parties arise for consideration are:a) whether the application made by the respondent under the official trustee act, 1925 to the calcutta high court was maintainable?b) whether the defect of unregistered document assigning lease of immovable property stood cured by registration ..... ray, that this court therein observed that the official trustees act does not envisage any application moved by a person other than the one who was beneficially interested in any trust property or any trustee thereof, but no occasion arose therein for consideration as to what would be the true meaning and purport of the expression 'beneficially ..... the province of the official trustee to deal with the property in any manner, he thought it fit, subject, of course, to any direction which could be issued by the high court in exercise of its jurisdiction under section 302 of the succession act and section 13 of the 1913 act. ..... of the official trustee are governed by part iii of the 1913 act. ..... 1913 act was enacted to consolidate and amend the law constituting the office of official trustee .....

S.S. Mhatre and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2005(3)BomCR501; 2005(3)MhLj34

..... 2 (iii) defines official trustee and it says that the official trustee shall mean the official trustee of bombay as appointed under the indian official trustees act (act ii of 1913) or any other act for the time being in ..... has been contended by the learned counsel for the petitioners that the provisions of the bombay public trusts act are applicable because the official trustee is not the sole trustee as per the notification and, therefore, notification has no application. ..... has rejected the arguments on merits of the learned counsel by relying upon the notification issued by the state government exempting the operation of the provisions of the bombay public trusts act in so far as those trusts are concerned where the official trustee is the sole trustee for the management of the affairs of the trust. 9. ..... my opinion, therefore, the notification dated 9.10.1980 issued under sub-section (4) of section 1 inter alia exempted the trust in respect of which the official trustee is appointed as the sole trustee from the application of the bombay public trust act applies with full force and, therefore, the present trust is not covered by the provisions of the bombay public trusts act, 1950. ..... , it will be subject to the limitation of the permission of the official trustee and it is the official trustee who shall use, manage and administer the said properties as provided in the said clauses and it is only with the permission of the official trustee that the board of trustees can function. .....