Judgment Search Results Home > Cases Phrase: official trustees act 1913 Sorted by: recent Court: privy council Page 1 of about 2,101 results (0.013 seconds)

Errol Mackay Vs. Oswald Forbes

Court : Mumbai

Reported in : (1940)42BOMLR315

..... the official trustees act, 1913, was amended by the government of india (adaptation of indian laws) order, 1937, which was made by virtue of section 293 of the government of india act, 1935, and came into force ..... the appellants seek an order for appointment of the official trustee of bengal to be trustee of the estate of one alexander john forbes deceased under the provisions of section 10 of the official trustees act (act ii of 1913), or, alternatively, for appointment of the said official trustee under section 35 of the indian trustees act, 1866. ..... would in all probability have been otherwise than what it was...the question whether the court can appoint the official trustee of bengal as trustee over properties outside the province seems to depend upon the provisions of section 3 as amended by the order in council and section 10 of the) official trustees act...in other words, we think that under the provisions of the act as it now stands this court is not entitled to stretch its arms, if i may use the ..... 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.5. ..... that there is ample power in the; courtunder the general provisions of the indian trustees act. ..... point as to the jurisdiction of this board to entertain this appeal in view of the provisions of section 205 of the government of india act, 1935, which provides as follows :-205. .....

Macdonell Errol Mackay and Others Vs. Oswald Forbes

Court : Privy Council

Reported in : AIR1940PC16

..... the official trustees act, 1913, was amended by the government of india (adaptation of indian laws) order, 1937 ..... official trustees act (act 2 of 1913), or, alternatively, for appointment of the said official trustee ..... 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. ..... 10, official trustees act in other words, we think that under the provisions of the act as it now stands this court is not entitled to stretch its arms, if i may use the ..... by means of the order in council his decision would in all probability have been otherwise than what it was the question whether the court can appoint the official trustee of bengal as trustee over properties outside the province seems to depend upon the provisions of s. ..... the appellants seek an order for appointment of the official trustee of bengal to be trustee of the estate of one alexander john forbes deceased under ..... lie to the federal court from any judgment, decree or final order of a high court in british india, if the high court certifies that the case involves a substantial question of law as to the interpretation of this act or any order in council made thereunder, and it shall be the duty of every high court in british india to consider in every case whether or not any such question is involved and of its own motion to give ..... power in the court under the general provisions of the indian trustees act. ..... trustees act .....

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. .....

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. .....

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 .....

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 .....

Lala Manmohan Das Vs. United Provinces

Court : Mumbai

Reported in : (1950)52BOMLR505

..... view which the learned judges took was that, whilst the specific mortgage in favour of the trustees contained in the said trust deed was invalid under section 9 of the act, the floating charge created by such deed did not fall within the prohibition contained in section ..... of the application of the united provinces before the division bench was then resumed and the bench, acting on the opinion expressed by the full bench that the debenture holders were not secured creditors, ordered and directed the official liquidator not to treat the holders of the debentures as secured creditors. ..... further held that the united provinces government had no equitable lien on the assets of the company and directed the official liquidator to treat the government and the holders of the debentures equally as unsecured creditors.17. ..... therefore of opinion that the direction given by the said high court to the official liquidator not to treat the debenture holders as secured creditors was justified. ..... justice allsop, who was the judge in winding-up, directed the official liquidators of the company to insert an advertisement in three newspapers to the effect that the question of the validity of the debentures would be considered by the court on december 18, 1939, on which date persons interested should ..... lala manmohan das, as a debenture holder, preferred an appeal under the letters patent to the high court at allahabad citing as respondents the official liquidators of the company, the central bank of india ltd. .....

Manmohan Das Vs. United Provinces and Others

Court : Privy Council

..... hearing of the application of the united provinces before the division bench was then resumed and the bench, acting on the opinion expressed by the full bench that the debenture holders were not secured creditors, ordered and directed the official liquidator not to treat the holders of the debentures as secured creditors. ..... further held that the united provinces government had no equitable lien on the assets of the company and directed the official liquidator to treat the government and the holders of the debentures equally as unsecured creditors. 17. ..... question as to the validity of the charge in favour of the said debenture holders or their trustees early engaged the attention of the court, and on 24th november 1939, allsop j. ..... view which the learned judges took was that, whilst the specific mortgage in favour of the trustees contained in the said trust deed was invalid under s. ..... when the security became enforceable the trustees were to have power to enter into possession of the mortgaged properties and to sell the same and the proceeds of sale were to be applied for discharging the amount due on the said debentures. ..... by such deed the company mortgaged to the trustees specific assets including the benefits arising from the said ..... central bank of india limited and lala manmohan das as trustees for the debenture holders, and p. l. ..... dated 7th may 1932, and made between the company of the one part and the central bank of india ltd,, and lala manmohan das as trustees of the other part. 7. .....

Marla Subrahmanyam Vs. Chelikani China Soorayya

Court : Chennai

Reported in : AIR1950Mad514

..... does not lead to the inference that there was a valid grant of an absolute estate and not of a limited estate, for in the case of an alienation by a widow or other limited owner, unlike the case of an alienation by a trustee, long possession and enjoyment of the alienee does not necessarily lead to the inference that the alienation must have been of an absolute estate and not of a limited interest. ..... notwithstanding the oscillation of opinion discernible in the decisions, the true view is that the trustee of a religions endowment, at all events where he has no beneficial interest, is wholly incompetent to alienate by way of sale or permanent lease the endowed property without compelling necessity or obvious benefit ..... in this way: the presumption of a lawful origin from long and peaceful enjoyment, if applied to the case of an alienation by a trustee, leads to the inference that the alienation at its inception was justified by necessity or benefit to the trust, for, without the existence of such necessity or benefit, the trustee could not have conveyed any interest at all. ..... in that case, there was a grant of a permanent lease by the shebait or trustee of a religious charity and the validity of the lease came in question a hundred years ..... the passage above cited treat the shebait as the holder of an office the legality of whose acts done in that capacity came to be questioned a century later and they seem to apply the well-known presumption in favour of the regularity of official acts. .....

New Garage Ltd. Vs. Khuswant Singh and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H82

..... also relied on official trustee of bengal v. ..... at page 105 that there are five requisites necessary to constitute acquiescence which will deprive a man of his legal rights which are: (1) mistake as to legal rights, (2) expoenditure of money for doing of some act on the faith of his mistaken belief; (3) the possessor of the legal right muet know of the existence of his own right which is inconsistent with the right claimed by the plaintiff; (4) the possessor of ..... 2,500 were fitted in into a portion of the premises now in dispute but, this evidence of conduct can only be relevant if the terms of the deed itself are vague under section 92, proviso (6), evidence act, if a document is cbscurely framed cr if any of ita clauses contains a real ambiguity, evidence of the conduct of the parties is admissible to construe the document, & even if the intention of the parties to a document cannot be determined ..... to owners of two plots of land & does not deal with the rights of landlord as against his tenant, but the principle of acquiescence is quite clear & if the pltf has allowed the deft, to do a certain act in breach of the covenant for some period he is not entitled to make a complaint with regard to that breach. ..... in bis law of evidence at page 680 :'the subsequent court not of the parties to a document can be legitimately looked at under section 92 proviso (6), evidence act, for the purpose of ascertaining o what pereons a things the expressions used therein were intended to apply. .....