Court : Kolkata
Reported in : [1937]5ITR233(Cal)
..... from such court of wards, administrator-general, official trustees, receiver or manager in the like manner and to the same amounts as it would be leviable upon and recoverable from any person on whose behalf such income profits or gains are received, and all the provisions of ..... which we have had to consider quite recently) which runs thus 'in the case of income, profits, or gains chargeable under this act which are received by the courts of wards, the administrators-general, the official trustees or by 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, the tax shall be levied upon and recoverable ..... adjudication under the presidency of towns insolvency fact (act iii of 1909) the property of the insolvent becomes vested in the official assignee and such official assignee takes possession thereof, the tax in respect of the income, profits and gains of such property chargeable under the income-tax act (act xi of 1922) and received by the official assignee should or should not be leviable and recoverable from such official assignee'.the facts briefly stated were these :one ..... case is 'the respondents estates were sequestrated in 1921 under the bankruptcy (scotland) act, 1913, and a trustee was appointed. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal314
..... railway company was protected by reason of some statutory provisions, and that the pleader appearing for the railway company may have stated that the relevant section was section 16, succession certificate act (which is an act of the year 1889), otherwise it is difficult to see why the learned judge referred to that section in his judgment and stated that the company were not entitled to any ..... doubt that the railway company were so heedless of their duty as to allow themselves to be advised and ultimately to be represented in the present suit by the identical pleader who had been acting for one of the rival claimants thereby dethroning themselves from the position of stake-holders and putting themselves, in effect, into the position of preferring one claimant to the other. ..... , in spite of that somewhat liberal definition, payments made in contravention of the provident funds act, are by no means protected under all circumstances and the definition contained in the general clauses act certainly does not entitle a trustee or the holder of a fund to pay anybody and everybody without proper enquiry. ..... the railway company received a notice from the official assignee claiming he was entitled to the money ..... competition then arose between himself and the official assignee, who was in charge of the insolvency, as to who ..... over so much of the sum in their hands to the said insolvent alexander miller as would have paid his debts after they had due notice of the official assignee's claim herein. .....
Tag this Judgment!Court : Chennai
Reported in : (1938)1MLJ293
..... i have been referred first of all to section 229 of the indian companies act, 1913, which provides that in the winding up of an insolvent company, the same rules apply that will be observed and will prevail in regard to the respective rights of secured and unsecured creditors as are in force for the time ..... justice wadia that the payees were the trustees of the payers in respect of that money. ..... i have been referred to official assignee of bombay v. ..... section 94 of the trusts act provides that in any case not coming within the scope of any of the preceding sections of the act where there is no trust, but the person having possession of property has not the whole beneficial interest in such property, he holds it for the benefit of the persons having such interest. ..... by section 52(i) of the presidency towns insolvency act, 1919, it is provided that the property of the insolvent divisible amongst his creditors shall not comprise amongst others the property held by the insolvent on trust for any other person. ..... 250 apparently being still in the hands of the company at the date of the winding up order, in my view, they are entitled to be brought within the benefits which section 229 of the companies act coupled with the provisions of section 52(i)(a) of the presidency towns insolvency act afford them. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad833
..... i have been referred first of all to section 229, companies act, 1913, which provides that in the winding up of an insolvent company, the same rules apply that will be observed and will prevail in regard to the respective rights of secured and unsecured creditors as are in force for the time ..... that the payees were the trustees of the payers in respect of that money. ..... i have been referred to official assignee of bombay v. ..... 250, apparently being still in the hands of the company, at the date of the winding up order, in my view they are entitled to be brought within the benefits which section 229, companies act, coupled with the provisions of section 52(1)(a), presidency towns insolvency act, affords him.5. ..... section 94, trusts act, provides that in any case not coming within the scope of any preceding sections of the act, where there is no trust, but the person having possession of property has not the whole beneficial interest in such property, he holds it for the benefit of the persons having such interest.3. ..... by section 52(1), presidency towns insolvency act 1919, it is provided that the properties of the insolvent divisible amongst his creditors shall not comprise amongst others the property held by the insolvent on trust for any other person. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1937Mad571
..... if there was trust, as in our judgment there was, for the benefit of the wife, in the event which happened,; it would follow from section 6 that the official trustee of bengal would be the trustee, and he alone would be competent to sue for the enforcement of the trust: lakshmi ammal v. ..... the plaintiff's learned advocate has suggested that the official trustee should be made a party. ..... it is not necessary in this case, because all that the trustee would have to do would be to receive the money from the company and, after deducting his charges, pay it to the beneficiary.7. ..... not having done that, the company cannot be allowed, by reason of the accident that the plaintiff's pleader argued the question of the applicability of section 6, married women's property act, to have the benefit of a defence which it did not plead. ..... but, as already observed, the point about the application of section 6, married women's property act arose somewhat adventitiously. ..... but the circumstance that a benefit to the wife is of a contingent character does not prevent it from being a benefit within the married women's property act: in re fleetwood's policy (1926) 1 ch d 48. ..... argument in the trial court, for the purpose of repelling the claim made by the second defendant to the policy money, raised the question of a trust created in favour of the plaintiff by operation of section 6, married 'women's property act. ..... act, the suit having been brought more than three years after the proof of the death of assured. .....
Tag this Judgment!Court : Chennai
Reported in : 170Ind.Cas.279
..... if there was a trust, as in our judgment there was for the benefit, of the wife, in the event which happened, it would follow from section 6 that the official trustee of bengal would be the trustee and he alone would be competent to sue for the enforcement of the trust: lakshmi ammal v. ..... plaintiff's learned advocate has suggested that the official trustee should be made a party. ..... it is not necessary in this case, because all that the trustee would have to do would be to receive the money from the company and, after deducting his charges, pay it to the beneficiary ..... not having done that the company cannot be allowed, by reason of the accident that the plaintiff's pleader argued the question of the applicability of section 6 of the married women's property act, to have the benefit of a defence which it did not plead. ..... krishnayya (1913) mwn 697 : 20 ..... 264 : (1913) mwn 1034 : 15 mlt 307 : (1914) mwn 282 leave the question of a manager's power to insure his life paying the premium from the family money, for the benefit of some members only of the ..... as already observed, the point about the application of section 6 of the married women's property act arose somewhat adventitiously. ..... the circumstance that a benefit to the wife is of a contingent character does not prevent it from being within the married women's property act; in re fleetwood's policy (1926) 1 ch. 48 : 95 lj ch. ..... article 85 of the limitation act, the suit having been brought more than 3 years after the proof of the death of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1937Cal382
..... of the summons) and that pending and subject to any order or decree which may be made in any suit to be filed to decide who is entitled to the palas of sarat, the official trustee to treat the heirs of sarat as entitled to their pala and make payments to them accordingly. ..... family arrangement is established, or the construction contended for by the respondents is established, he is entitled to a direction that the heirs of sarat should be treated as entitled to the pala of sarat, and incidentally to a direction that the official trustee should make payment upon that basis. ..... there will be a liberty to the official trustee to pay the share of money to which manik would be entitled as heir of sarat into the hands of baladeb for the purposes ..... (the official trustee by consent took the place of the receiver with all the powers of the receiver ..... is open to the heirs of sarat to come here and ask for orders on the receiver or trustee to treat them (qua heirs) as entitled to the palas of sarat.5. ..... this dispute there is the question of how the trustee should act in the meantime. ..... judgment and a decree in that suit, and a final decree after inquiry by an officer deciding that the persons entitled to act as shebaits or to worship were the five sons of chitra dasi and their heirs. ..... this nature can be given under a liberty to apply even assuming that liberty to apply is still operative and that there is no other manner of giving directions, the application not having been made under any act.3. .....
Tag this Judgment!Court : Mumbai
Reported in : (1937)39BOMLR633
..... vicinity of several temples, which was the subject-matter of the suit, was a public charity for the hindus of all communities for religious and ceremonial purposes, that the defendants who were described as the 'trustees of the temples, charitable institutions and funds of the gowd saraswat community of bombay' had no right or interest in the tank and should be restrained from filling it up, and that a scheme may be framed by the court, and for ..... public or private religious or charitable endowments, but the taxing master says in his judgment that though 'it has been held by the bombay high court that though the indian trusts act does not apply to religious or charitable endowments, the provisions of the trusts act (one being that a trustee should not make profit out of his trust) reproducing as they do the general law of trusts as administered in equity courts, should govern the procedure in india. ..... 43 of 1896, against other members, in which the plaintiffs claimed a declaration from the court that they were properly appointed trustees, and that the defendants should hand over the trust properties to them and render an account of their management. ..... i, therefore, order that the judgment, order and certificate of the officiating taxing master be set aside, and the applicants' bill of costs be taxed as between attorney and client, allowing them both out-of-pocket and profit costs except so far as such costs might have been incurred by mr .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1937Bom374
..... public or private religious or charitable endowments, but the taxing master says in his judgment that thoughit has been held by the bombay high court that though the trusts act does not apply to religious or charitable endowments, the provisions of the trusts act (one being that a trustee should not make any profit out of his trust) reproducing as they do the general law of trusts, as administered in equity courts, should govern the procedure in india ..... vicinity of several temples, which was the subject matter of the suit, was a public charity for the hindus of all communities for religious and ceremonial purposes, that the defendants who were described as the 'trustees of the temples, charitable institutions and funds of the gowd saraswat community of bombay' had no right or interest in the tank arid should be restrained from filling it up, and that a scheme may ba framed by the court and for ..... 43 of 1896, against other members, in which the plaintiffs claimed a declaration from the court that they were properly appointed trustees, and that the defendants should hand over the trust properties to them and render an account of their management. ..... i therefore order that the judgment, order and certificate of the officiating taxing master be set aside, and the applicants' bill of costs be taxed as between attorney and client, allowing them both out-of-pocket and profit costs except so far as such costs might have been incurred by mr. .....
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