Judgment Search Results Home > Cases Phrase: official trustees amendment act 1964 Page 1 of about 30,376 results (0.176 seconds)

The Commissioner of Wealth Tax, Kerala, Ernakulam Vs. Puthiya Ponmanic ...

Court : Kerala

Reported in : AIR1966Ker108; [1967]63ITR787(Ker)

..... effected by section 20 of the wealth tax (amendment) act, 1964, and section 21(1) as amended reads as follows:'in the case of assets chargeable to fax under this act which are held by a court of wards or an administrator-general or an official trustee or any receiver or manager or any other person, by whatever name called, appointed under any order of a court to manage properly on behalf of another, or any trustee appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including a trustee under a valid deed of wakf), the ..... 'the relevant portion of the note on clause 20 of the wealth tax (amendment) bill, 1964 which became section 20 of the wealth tux (amendment) act, 1964, reads as follows:'sub-clauses (a) and (b) make certain drafting changes to clarify that the provisions of section 21 apply where any assets are held either on behalf of the heneficiary or for the henefit of a beneficiarv ..... 1964, read as follows:'in this case of assets chargeable to tax under this act which are held bv a court of wards or an administrator-general or an official trustee or any receiver or manager or any other person, by whatever name called, appointed under any order of a court to manage property on behalf of another, or any trustee appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including a trustee under a valid deed of wakf) the wealth tax shall be levied upon and recoverable from .....

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 wakfs.analogous challenges:68. ..... ultimate benefit is in 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 ..... the various provisions as contained in amendment act, 1984 were again discussed with eminent muslim personnel and a comprehensive bill namely, wakf bill 1993 was introduced by the parliament and ultimately the wakf act, 1995 was enacted and brought into force with effect from 01.01.1996 throughout the country except the state of jammu & kashmir. ..... it is stated that section 10 was introduced by amendment act 69 of 1984, under which the constitution of board consisted of (i) four members who shall be elected among themselves by such of the muslim members of parliament as have been elected thereto from the state or the union territory of the ..... amendments were made to the wakf act, 1954 in 1959, 1964, 1969 and 1984, but still there was criticisms as to its actual working, so a new comprehensive bill on matters pertaining to wakf was passed in the year 1995 (act no. .....

United States Vs. Fordice

Court : US Supreme Court

..... petitioners initiated this lawsuit in 1975, and the united states intervened, charging that state officials had failed to satisfy their obligation under, inter alia, the equal protection clause of the fourteenth amendment and title vi of the civil rights act of 1964 to dismantle the dual system. ..... the former de jure segregated system of public universities in mississippi impeded the free choice of pro- 11 it should be noted that in correspondence with the board of trustees in 1973, an hew official expressed the "overall objective" of the plan to be "that a student's choice of institution or campus, henceforth, will be based on other than racial criteria. ..... it observed only that in the 1970's, the board of trustees justified a minimum act score of 15 because too many students with lower scores were not prepared for the historically white institutions and that imposing the 15 score requirement on admissions to the historically black institutions would decimate attendance ..... board reluctantly offered amendments, prefacing its reform pledge to hew with this statement: "with deference, it is the position of the board of trustees ... ..... in an attempt to reach a consensual resolution through voluntary dismantlement, the state board of trustees, in 1981, issued "mission statements" classifying the three flagship white institutions during the de jure period as "comprehensive" universities having the most varied programs and offering doctoral degrees, redesignating one of the black colleges as .....

Vishvanath Putu Chipkar and ors. Vs. Mormugao Port Trust by Its Chairm ...

Court : Mumbai

Reported in : 1991(4)BomCR39; (1991)93BOMLR220

..... trustees to make any regulation for all or any of the matters specified in section 28 or to amend ..... several provisions of the major port trust act by which the mormugao port trust is ..... of formally applying for amendments.we do not think that any particular ..... act and what is more, bombay ..... act, 1987, the constitution (scheduled castes) order, 1950, the constitution (scheduled castes) union territories) order, 1951, the constitution (scheduled tribues) order, 1950 and the constitution (scheduled tribes) (union territories) order, 1951, stood amended ..... the first regulation under this act shall be made by the central government and the same to have effect on being published ..... act, the central government made a regulation known as the mormugao port employees (recruitment, seniority and promotion) regulation, 1964 ..... act for class iii and class iv posts and no adequate reasons given viz. ..... 1964 ..... act ..... act, 1963, enables the board of trustees to make regulations not inconsistent with the act ..... trustees ..... 1964 ..... act ..... to provide for appointment, promotion, suspension, removal and dismissal of its employees, matters relating to leave, leave allowances, pension, gratuity, terms and service conditions of the employees and other matters which are incidental to or necessary for the purposes of regulating the appointment and conditions of service of its employees.section 126 thereof says that notwithstanding anything contained in the act ..... act ..... act, 1897. ..... trustees ..... trustees ..... act ..... act). .....

The Special Tahsildar for Land Acquisition, Kozhikode-i and ors. Vs. F ...

Court : Kerala

Reported in : AIR1970Ker301

..... official trustee, (1967) ..... and we might add that if that question arose we do not think we would have had much difficulty in holding that the right conferred on the appropriate government by sub-section (3) of section 6 of the central act to acquire the land concerned in manner thereinafter appearing, in other words, for the amount of compensation fixed by the award, a right akin to a right of pre-emption or that conferred by an agreement to buy, is ..... and re-enacted with or without modification, then, unless it is otherwise expressly provided, any appointment, notification, order, scheme, rule, form or bye-law, made or issued under the repealed act shall, so far as it is not inconsistent with the provisions re-enacted, continue in force, and be deemed to have been made or issued under the provisions so re-enacted, unless and until it is superseded by any appointment, notification, ..... that the other contentions raised before the learned single judge, namely, that section 17 of the central act was wrongly applied and that the consent under section 40 (1) was wrongly given in the absence of a report by the collector under section 5-a, have been rightly repelled by the learned single judge in the light of the provisions or section 17 as amended by madras act xxi of 1948 and in the light of the provisions of section 40 itself. ..... confined to its context; if it is given a wider application it would be contrary to what was held in air 1964 sc 1284.14. ..... , air 1964 sc 1284 and in ekambarappa .....

Omar Tyab Aba Shariff Vs. Ismail Tyab Aba Shariff

Court : Mumbai

Reported in : AIR1928Bom69; (1928)30BOMLR177; 108Ind.Cas.495

..... 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 ..... that is necessary is, a slight amendment of section 7 of the official trustees act. ..... present act was passed, as the preamble shows, to consolidate and amend the law constituting the office of official trustee. ..... 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. ..... so that, taking the preamble and section 1 of the act of 1843, the intention of the legislature clearly seems to me to be that where there is already a trust and trust property vested in trustees, if the trustees are not willing to act or incapable of acting, then an officer of the court should be appointed as official trustee to carry out the trust and in order to protect the .....

Official Trustee of West Bengal Vs. Stephen Court Ltd.

Court : Supreme Court of India

Reported in : 2006(14)SCALE285

..... the principal 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 of subsequent document i.e. ..... the 1913 act was enacted to consolidate and amend the law constituting the office of official trustee. ..... it, inter alia, opined : (i) the high court had jurisdiction to entertain the said application under section 302 of the succession act; (ii) the company had the requisite locus standi to maintain the application; (iii) the official trustee having accepted the said judgment and the deed of lease having been executed in favour of the company, it was estopped and precluded from raising the question of the court's jurisdiction in subsequent proceedings; (iv) the jurisdiction of ..... of the respondent, on the other hand, would submit: i) the official trustee never raised any objection as regards the purported inherent lack of jurisdiction of the calcutta high court under section 302 of the succession act and, thus, at this distant time cannot be permitted to turn around and raise the said question.ii) the judgment of the high court having been acted upon and the official trustee being bound thereby, it cannot now be permitted to approbate and reprobate .....

Stephen Court Limited Vs. the Official Trustees of West Bengal

Court : Kolkata

Reported in : (2000)2CALLT1(HC)

..... apart from the fact that the issue is barred by acquiescence and res judicata and that this court cannot allow the official trustee who had deliberately chosen a position in the earlier application 'to reprobate and to blow hot now when he was blowing cold before' [ferro alloy steel corporation v. ..... according to the official trustee, under section 302 of the indian succession act read with section 25 of the official trustees act no complicated question of fact or law could have been raised or decided nor was any adjudication of substantive rights possible. ..... first as the transfer of larmour's leasehold interest to aratoon was undlsputedly valid, during the pendency of the 1919 lease, the official trustee had no right to possession or to further transfer the leasehold interest and create a monthly tenancy in favour of any party; second, if the sale agreement between aratoon and the appellant were void. ..... the sections of the indian succession act sought to be amended are 2(bb), 273, 274 and 300 and not section 302. ..... section 53a was introduced in the transfer of property act, 1882; section 49 of the registration act, 1908 was amended and section 27a incorporated in the specific relief act, 1877 (since replaced by sections 10 and 13 of the specific relief act, 1963). ..... section 22 provides for the amendment of central acts in their application to west bengal 'to the extent and in the manner mentioned in the fourth column of the schedule'. .....

C.E. Grey-official Trustee Vs. Charusila Dasi

Court : Kolkata

Reported in : 7Ind.Cas.247

..... as an act to constitute an office of official trustee, and it opens with a preamble in which it is said: 'it is expedient to amend the law relating to official trustee and to constitute an office of official trustee. ..... a supplemental provision in section 32, which indicates how, in the particular event there set forth, an executor or administrator may pay to the official trustee the legacy or share of an infant or a lunatic, but that can only be done subject to certain conditions which clearly show that it is the scheme of the act that the official trustee as such should not have the wide and unlimited powers that the argument addressed to us on his behalf would suggest. ..... to me that not only is there no express provision in favour of the power to grant probate or letters of administration to the official trustee, but the whole scheme of the act is opposed to the view that they can properly be granted to him.3. ..... conceded that if the official trustee is entitled to probate and administration, none of these precautions would be applicable to him in his character of executor or administrator under the terms of the act; the very terms of the act would be inapplicable to the position and the dealing of the official trustee as executor or administrator. ..... without going in detail through all the provisions of the act, it is enough to say that it contains careful and elaborate provisions with a view to ensuring that the official trustee in the performance of his duties should be under vigilant .....

Grey Vs. Charusila Dasi

Court : Kolkata

Reported in : (1911)ILR38Cal53

..... as an act to constitute an office of official trustee, and it opens with a pre-amble in which it is said 'it is expedient to amend the law relating to official trustee and to constitute an office of official trustee. ..... a supplemental provision in section 32 which indicates how in the particular events there set forth, an executor or administrator may pay to the official trustee the legacy or share of an infant or a lunatic, but that can only be done subject to certain conditions which clearly show that it is the scheme if the act that the official trustee as such should not have the wide and unlimited powers that the argument addressed to us on his behalf would suggest. ..... to me that not only is there no express provision in favour of the power to grant probate or letters of administration to the official trustee, but the whole scheme of the act is opposed to the view that they can properly be granted to him.3. ..... conceded that if the official trustee is entitled to probate and administration none of these precautions would be applicable to him in his character of executor or administrator under the terms of the act; the very terms of the act would be inapplicable to the position and the dealings of the official trustee as executor or administrator. ..... without going in detail through all the provisions of the act, it is enough to say that it contains careful and elaborate provisions with a view to ensuring that the official trustee in the performance of his duties should he under vigilant .....