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. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1938Bom469; (1938)40BOMLR935
..... that section provides that on the making of an order of adjudication, the property of the insolvent shall vest in the official assignee, and then it directs that no creditor to whom the insolvent is indebted in respect of any debt provable in insolvency shall, during the pendency of the insolvency proceedings, have any remedy against the property of the ..... section that a suit such as this is not as suit against the property of the insolvent, because it is a suit against a third party in whom is vested property, which, the plaintiff says, ought to be vested in the insolvent or his trustee in bankruptcy ; it is a suit therefore to increase the assets available for the payment of the insolvent's debt ..... . a further point is taken that costs which were allowed to the defendants under schedule iii of the bombay pleaders act, 1920, should be limited to one-fourth of the full amount, because it is said that the suit did not decide on the merits the real dispute ..... insolvent on february 4, 1932, that is more than two years after the date of the trust-deed, and, therefore, the trust-deed cannot be attacked under section 55 of the presidency-towns insolvency act, 1909.2. ..... judge has held that the suit is not maintainable because the plaintiff has not obtained the leave of the insolvency court under section 17 of the presidency-towns insolvency act. ..... of himself and his wife and daughter and four other relatives is void as against the creditors under section 53 of the transfer of property act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad727; (1938)1MLJ750
..... narasaraju lald emphasis on the observations of venkatasubba rao, officiating chief justice as he then was, in in re kantheeswaram ekanathalingaswami koil through its trustee vedanayagam pillai : (1936)71mlj677 :as regards future mesne profits, the court has no such option but is bound in the first instance to pass a preliminary decree ..... in re kantheeswaram ekanathalingaswami koil through its trustee vedanayagam pillai : (1936)71mlj677 . ..... rule 12, civil procedure code and section 11(1) contemplates cases only where past profits were claimed as it is only in respect thereof the amount can be claimed and court-fee is payable having regard to section 7 of court-fees act and order 7, rule 2, civil procedure code. ..... is no provision made in the court fees act for the computation of such a claim. ..... may at once state that the case would now be entirely covered by clause 3 of section 11 of the court fees act as amended, so far as this presidency is concerned. ..... relevant provision of law applicable to the case is section 11 of the court-fees act as amended by the madras act v of 1922. ..... the decree was passed at the close of the trial without directing an inquiry as indicated by order 20, rule 12, civil procedure code, clauses 2 and 3 of section 11 of the court-fees act do not apply. ..... where a claim is for possession of immoveable property and for past profits and future profits, and future mesne profits are decreed, a court-fee will be leviable on such profits under section 11 of the court fees act. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1939Mad634; (1938)2MLJ100
..... must, they think, include an ex parte application, such as that made in this case, praying that persons in the position of trustees or officials should perform their trust or discharge their official duties. ..... his reliance on the amendment, the government pleader contends that the high courts in india could revise orders, similar to the one in question now, either under section 15 of the high courts act or later under section 107 of the government of india act (1919) before the new act came into force,but this power has been taken away by the above-stated amendment. ..... have recorded their finding in the following words:it was next contended that the matter of the four petitions in which the order of the 19th july, 1913, was made, did not constitute a 'case' within the meaning of the 115th section of the code of civil procedure. ..... merely laid down that inasmuch as no procedure was provided for an enquiry under section 36 of the legal practitioners' act, the court should adopt a procedure which does substantial justice to the parties and the provisions of order. ..... has been held by various high courts that the orders passed by subordinate courts, if not declared to be appealable under the special acts, would none the less be capable of being revised under section, 115, civil procedure code. ..... emperors without any discussion, which they undoubtedly had in any case before the new government of india act (1935) came into force and these cases are therefore of no assistance to me in deciding this .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad353; (1938)1MLJ334
..... this reference embraces two questions, which may be stated as follows: - (1) does article 36 or article 120 of the first schedule of the indian limitation act, 1908, apply to a suit filed against a trustee or ex-trustee to make good loss sustained by the trust by reason of his omission to collect moneys due to the trust? ..... 308, sir ralph section benson, officiating chief justice and krishnaswami aiyar, j. ..... he was succeeded in the management by the defendants, who remained in management of the temple until 1891, when their co-trustees filed the suit to exclude them from trust and to compel them to make good sums lost as the result of breaches of trust alleged to have been committed by them. ..... 30 where a division bench of the bombay high court held that a suit against trustees for alleged breaches of trust was governed by article 120 and time began to run from the date of the breach. ..... 275 that a suit by a trustee of a temple against a previous trustee to recover moneys misappropriated by him was governed by article 120 and not by article 61 or article 62 of the limitation act and that no cause of action accrued to anybody as long as the defaulting trustee continued to be in office. ..... if article 36 were to apply to an act of non-feasance on the part of the trustee, it would mean that if the trustee lived he would be free from all liability in two years, but if he died before the two years had elapsed his estate would continue to be liable for another three years. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad420; (1938)1MLJ413
..... rights in the property, whatever they are, have devolved on the official receiver and the law does not permit him to maintain the ..... 319, it was decided that when once a trustee in bankruptcy has intervened in regard to after-acquired property of an undischarged bankrupt that property vests in the trustee and he cannot by withdrawing his intervention divest himself of the property and revest it ..... a person had entered into an agreement with the bankrupt under which he had to make payments to the bankrupt and the trustee in bankruptcy gave notice requiring these payments to be made to him. ..... there can be no doubt that the application by the official receiver to this court for an order making him the appellant in the place of the petitioner's mother did ..... be allowed to continue the appeal because the official receiver has refused to become the appellant. ..... property being in the trustee, nothing remained in the ..... it is not necessary to go into, the trustee withdrew the notice. ..... once the trustee in bankruptcy had intervened the property vested in him and remained with him in spite of the withdrawal ..... a bankrupt to maintain a suit to recover after-acquired property in the hands of a stranger unless the trustee has intervened. ..... the official receiver did apply to this court on the 12th july for an order directing that he should be brought on the record in the place of kanchamma, but on the 12th october he withdrew the application as he had not ..... it was a far greater act of intervention than that in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad413; (1938)1MLJ281
..... the section also indicates the person to whom in such a case the sum secured by the policy has to be paid, namely, the official trustee. ..... official trustee of madras (1931) 62 m.l.j. ..... , in that case that the actual words 'for the benefit of the wife' need not be in the policy in order to attract the provisions of section 6 of the married women's property act to any particular policy, and that if on a reading of the words used in the policy it appears that the assured intended in the event of his death that the policy should enure for the benefit of his wife, ..... i am of opinion that if the words found in the policy lead to the conclusion that the policy was for the benefit of the assured's wife, then according to section 6 of the married women's property act, it shall be deemed to be a trust and enure as such so long as the wife is alive. ..... of section 6; in the particular case before him the provision regarding payment was similar to the provision in the present case, and it was held that the policy fell within section 6 of the married women's property act of 1874 as amended by the subsequent ..... this is clear from the provisions of section 6 of the married women's property act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1938All157
..... the appearance by proxy of a person in courts in various cases is dealt with in certain orders of the civil procedure code order 27--suits by or against the government or public officers in their official capacity; order 28--suits by or against military man; order 29--suits by or against corporations; order 30--suits by or against firms and persons carrying on business in names other than their own; order 31--suits by or against trustees, executors and administrators; order 32--suits by or against minors and persons of unsound mind. ..... begum succeeded as mutwalli, the court below has taken the view that the plaintiff is not a person contemplated by section 4(1), pre-emption act, because the plaintiffis neither a sentient being not a company association nor a body of individuals juristically clothed with legal tights.2. ..... now baillie of course was not dealing with the rights of persons under these-pre-emption acts which were passed long after his book was written and his observations, sound or unsound, merely relate to the right of pre-emption under the mahomedan ..... learned counsel for the respondent alluded to the terms of the agra pre-emption act of 1922 of which section 12 states that persons of the following classes shall be entitled to preempt: 'class ii--co-sharers in the subdivision of the mahal in which the property is ..... is to be noted that that suit was brought under section 31, punjab' pre-emption act, and the present suit is brought under section 12, agra pre-emption. .....
Tag this Judgment!Court : Chennai
Reported in : (1938)2MLJ1072
..... incapable of managing his own affairs, and the official trustee of madras was appointed the manager of the abovenamed lunatic's properties with all powers provided under section 47 of the indian lunacy act, 1912. ..... lunatic and in the respondent's custody;(2) to put the official trustee of madras in possession of the sathgur estate belonging to ..... in the present application, the official trustee of madras as such manager prays for an order ..... argument on behalf of the respondent that the court has no jurisdiction to grant the relief sought was based upon the analogy of the methods by which a guardian of a minor under the guardians and wards act seeks the assistance of the court in regard to the minor's estate, and it was pointed out that such a guardian cannot obtain possession of or recover the property of the minor by means of an ..... that the proceedings should not be by an application but by means of a petition, the high court of madras having jurisdiction under the lunacy act pursuant to section 37 have made rules as provided by section 61 of the act in order to carry into effect the provisions of chapter iv of the statute, and order 33 of the original side rules are the rules made ..... that a property formed part of the estate of a lunatic, it had no power to order that the collector should take possession, although it is provided under section 9 of this act that in certain circumstances (which existed in the above case) the court of wards were authorised to take charge of the estate. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1938Mad234
..... official trustee of madras : air1932mad220 ' section 6, married women's property act, is quite definite. ..... official trustee of madras : air1932mad220 in which madhavan nair j. ..... narasimhachari (1902) 25 mad 183, to construe the prospectus as though it were part of the policy, we think the terms of section 6, married women's property act, are clear and un-ambiguous and that the expression 'policy of insurance' in that section is to be taken in the ordinary meaning of those words. ..... said in the case already referred to, that under section 6, married women's property act 'for a trust to arise it must appear on the face of the document that the policy was effected for the benefit of the wife or the wife and children or any of them. ..... the learned subordinate judge after reading the provisions comes to the conclusion that the policy 'is more or less on a line with life assurance policies covered by the married women's property act and that the policy is covered by the ruling in abhiramavali ammal v. ..... we are of opinion that this case has no bearing upon section 6, married women's property act. ..... it will not do to say, as the learned subordinate judge says, that these policies are 'more or less on a line with life assurance policies covered by the married women's property act. ..... if the amounts of these policies are to be saved for the minor defendant in this case, it must be because they come strictly within the terms of section 6, married woman's property act. .....
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