Judgment Search Results Home > Cases Phrase: official trustees act 1913 Sorted by: recent Court: privy council Page 11 of about 2,101 results (0.008 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 .....

Mattapalli Appa Rao Vs. Ch. Ramamurthi and ors.

Court : Chennai

Reported in : AIR1940Mad675; (1940)1MLJ334

..... the substance of these decisions has been summarised in mulla's commentaries on the provincial insolvency act where the learned author states that the property which the official receiver takes is the property of the bankrupt exactly as it stood in his person with all its advantages and all its burdens.4. ..... the learned advocate for the petitioner contends that the property of the insolvent must be deemed to have vested in the official receiver subject to all the liabilities that could have been enforced against it in the hands of the insolvent himself. ..... in support of this proposition he has cited certain english decisions where the view taken is that the trustee in bankruptcy stands in the position of the bankrupt, that he takes the property of the insolvent subject to rights of third parties and that he is in effect, the legal representative of the bankrupt. ..... the petitioner was adjudged insolvent and all his properties became vested in the official receiver of east godavari. ..... on an application made by the petitioner under section 66(2) of the provincial insolvency act, it is stated that a monthly allowance of rs. ..... such an application would be dealt with by the court bearing in mind the considerations that ought to prevail indisposing of applications under section 66(2) of the provincial insolvency act. ..... the application, as already stated, was presented under section 66(2) of the provincial insolvency act. ..... 2,000 under section 66(2) of the provincial insolvency act. .....

Ranbir Karam Singh Vs. Jogindra Chandra Bhattacharji and ors.

Court : Allahabad

Reported in : AIR1940All134

..... surendri helen karam singh or her husband, nor is the legal heir to her estate in the hands of the administrator-general and official trustee, united provinces, allahabad, which is divisible according to law only amongst the plaintiff and defendants 2 to 4 who are her legal ..... question that arises in the case before us is as to whether defendant 1 is entitled to succeed to the estate of the deceased, in preference to the persons entitled under the succession act, on the ground that he was taken in adoption by a person who, at the time when he is alleged to have taken him in adoption, was admittedly a christian. ..... in the second case mentioned above it was observed that so far as the province of punjab was concerned, under section 5, punjab laws act, 1872, the primary rule for decision in matters of succession was custom, which may be found to govern the parties, but it is for those who allege that there is such a custom to establish ..... mohamedan law, in cases of mohamedans, and the hindu law, in cases where the parties are hindus, except in so far as such law has been altered or abolished by legislative enactment or is opposed to the provisions of this act or has been modified by the provisions of any such custom as is above referred to.19. ..... it be maintained for a single moment that a hindu or a muslim, after renouncing hinduism or the muslim faith and embracing christianity, will under the caste disabilities removal act continue to possess the 'right' of having more than one wife? .....

Alagananda Mudaliar Vs. Commissioner of Income Tax, Madras.

Court : Chennai

Reported in : [1940]8ITR69(Mad)

..... unsecured creditors.on the 29th january 1936 the assessee wrote to the official assignee a letter in which he said :-'i shall thank you to take the trouble to inform me as to whether you consider that there is no possibility of a dividend being declared at all in favour of unsecured creditors or it is only ..... the current year irrespective of any further or final dividend that may be declared and i shall therefore esteem it a great favour if you will in time give the information asked for'.the official assignee replied on 23rd january 1936 saying that there were certain preferential claims pending disposal before the court and adding that in the meantime there was hardly any prospect of a dividend to the ..... assessee was not informed of his and there is no evidence that the ever became aware of the fact.as the result of the official assignees letters to him the assessee on the 12th april 1936 wrote off the amount due to him by the insolvent firm as a ..... the refusal of the income-tax authorities to allow the assessee to make the deduction in the year 1936 is based entirely on the conclusion that the assessee had acted with a fraudulent intent, and as on the evidence there is no material on which this conclusion can be based the answer to the question referred must be in the negative.i would point out that it is not ..... the trustees of the port .....

Babu Bhagwan DIn Vs. Gir Har Saroop

Court : Mumbai

Reported in : (1940)42BOMLR190

..... the said land shall, generation after generation and descent after descent, be left in the possession and enjoyment of the said person and his heirs and they (officials) should not interfere and meddle with the same for any reason so that the said person having remained in possession of the said land and constructed a house, etc. ..... the first two appellants (uncle and nephew) filed before the district judge at lucknow an application under section 3 of the charitable and religious trusts act (xiv of 1920) for an order directing accounts to be furnished in respect of a certain temple in lucknow together with land and houses ..... the terms of section 6 of the act are intended, in their lordships' view, to define the consequences of such an order as was made in this case by the district judge on october 1, 1930, but the words ' if a trustee without reasonable excuse fails to comply ' cannot be read to exclude a contention in a regular suit that the plaintiff is not a trustee or to prevent a similar contention being raised by a defendant to a ..... the grant runs as follows :-the present and future state officials of haveli lucknow, suburbs and the province of akhtarnagar oudh, should know that five pucca bighas waste land, free from government revenue, mal and sewai, in ..... an individual may have been in possession and enjoyment of property, it is always possible for persons claiming to be acting for the public to lay claim to the property as having been impressed with a trust of a charitable or .....

Babu Bhagwan DIn and Others Vs. Gir Har Saroop and Others

Court : Privy Council

..... shall not be shown in the record; that the said land shall, generation after generation and descent after descent, be left in the possession and enjoyment of the said person and his heirs and they (officials) should not interfere and meddle with the same for any reason so that the said person having remained in possession of the said land and constructed a house, etc. ..... their lordships agree with the chief court.they hold that the decision of the district judge under the act of 1920-a decision from which by s.12 there is no appeal-is a decision in a summary proceeding which is not a suit nor of the same character as a suit; that it has not been made final by any provision in the act; and that the doctrine of res judicata does not apply so as to bar a regular suit even in the case of a person who ..... the grant runs as follows: the present and future state officials of haveli lucknow, suburbs and the province of akhtarnagar, oudh, should know that five pucca bighas waste land, free from government revenue, mal and sewai, in the immediate vicinity of village nawagaon, included in ..... 6 of the act are intended, in their lordships' view, to define the consequences of such an order as was made in this case by the district judge on 1st october 1930, but the words "if a trustee without reasonable excuse fails to comply" cannot be read to exclude a contention in a regular suit that the plaintiff is not a trustee or to prevent a similar contention being raised by a defendant to a suit under s .....

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. .....

D. Sundaravaradan Vs. R. Narasimhachari, Official Liquidator

Court : Chennai

Reported in : AIR1940Mad266

..... that section provides that where there have been mutual dealings between an insolvent and a creditor proving or claiming to prove a debt under this act, an account shall be taken of what is due from the one party to the other in respect of such mutual dealings, and the sum due from the one party shall be set off against any sum due ..... the trustee referred to is the trustee in bankruptcy whose position in england is analogous to that of the official assignee here ..... it is recognized that it would be very harsh if the official assignee or the official liquidator of a company could demand in full, moneys due by a debtor and at the same time that person being a creditor, for an equal or a larger sum, of the company must be content with a dividend dependent on the distribution ..... the claim to set-off arises in the following way: section 229, companies act, provides that in the winding up of an insolvent company the same rules shall prevail and be observed with regard to the respective rights of secured and unsecured creditors and to debts provable and other liabilities as are in force ..... the privileges and rights which are given in section 46, provincial insolvency act, are based upon equity and fair dealing. ..... that section the provisions of section 46, provincial insolvency act, are applicable in the liquidation of a company. ..... provisions of section 31, english bankruptcy act, although. ..... worded, it is conceded, do not have any different effect to those of section 46, provincial insolvency act.3. .....

Anandam Minor by Guardian, the Official Trustee of Madras Vs. T.S. Mut ...

Court : Chennai

Reported in : AIR1940Mad52; (1939)2MLJ658

..... this is a petition by the official trustee of madras on behalf of a minor who is the judgment-debtor in the decree in o.s. no. ..... petitioner is an agriculturist entitled to the benefits conferred upon agriculturist debtors by the new a ct, and the court below has actually amended the decree by scaling down the debt in accordance with the provisions of section 8 of the act treating the debt as one incurred after the 1st october, 1932, the suit promissory note being itself subsequent in date to the 1st of october, 1932.2. ..... apart from these decisions, the sections which are relied upon on behalf of the respondent, namely, sections 120 and 121 of the negotiable instruments act, make it clear that the exclusion of estoppel is only in suits on the negotiable instrument, the material words being:no maker of the promissory note shall in a suit thereon be permitted to deny.3. ..... the petition is to revise the order of the district munsif on an application under section 19 of the madras agriculturists: relief act, iv of 1938, praying to amend the decree after scaling down the debt. ..... there is no reason to suppose that it was the intention of the new act to make a difference in the matter of scaling down of debts in cases where the original debt was, as it were, borrowed on a negotiable instrument. .....