Judgment Search Results Home > Cases Phrase: official trustees amendment act 1964 Court: supreme court of india Page 1 of about 3,246 results (0.103 seconds)

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 .....

Nusli Neville Wadia Vs. Ivory Properties

Court : Supreme Court of India

..... xi of 1953), read with the code of civil procedure (extension of hyderabad amendment) act, 1964 (mah. ..... and shall be deemed to have been substituted with effect from the 27th june, 2018, being the date of commencement of the said act, namely : (1) where consideration of a preliminary issue framed under section 8 9a is pending on the date of commencement of the code of civil procedure (maharashtra amendment) act, 2018 (hereinafter, in this section, referred to as the amendment act ), the said issue shall be decided and disposed of by the court under section 9a, as if the said section 9a has not been ..... the saving created by the provision of section 2 where consideration of preliminary issue framed under section 9a is pending on the date of commencement of the code of civil procedure (maharashtra amendment) act, 2018, can be decided only if it comes within the parameters as found by us on the interpretation of section ..... again, in official trustee, west bengal v ..... in the classic sense, in official trustee v ..... siemens aktiengesellschaft, (2007) 4 scc451 official trustee v. ..... peoples bank of northern india (in liquidation) through bhagwati shankar, official liquidator, air1944lah 136, it has been observed that jurisdiction issue is one like preliminary issue not where the proceedings were dismissed on merits ..... it is an authority of law to act officially in a particular matter in hand. ..... is the authority of law to act officially. ..... v. official liquidator of dehra dun mussoorie electric .....

Foreshore Co-Op.Hng.Society Ltd. Vs. Praveen D Desai (D) Thr.Lrs. and ...

Court : Supreme Court of India

..... moot question, therefore, that falls for consideration is as to whether courts shall be guided by the provisions of order xiv rule 2 of the code of civil procedure or section 9a of the code as amended by maharashtra amendment act, in the matter of deciding the objection with regard to jurisdiction of the court which concerns the bar of limitation as a preliminary issue.36. ..... thus, with the intention to put the aforesaid practice to rest, the state legislature introduced section 9a by the amendment act of 1969 requiring the court to decide the issue of jurisdiction at the time of granting or vacating the interim ..... section 97 of the amendment act of 1976 inter alia provided that any amendment made in the code by the state legislature before commencement of the amendment act of 1976 shall, except insofar as they are consistent with the code as amended by the amendment act, 1976 shall stand repealed ..... after section 9a of maharashtra amendment act stood repealed by section 97 of the cpc amendment act of 1976 being inconsistent with the code, the state legislature of maharashtra felt that certain amendments made by the earlier state amendment acts were useful and required to be ..... , relied upon a three judges bench decision of this court in official trustee w.b. vs. ..... varkey varkey, (1964) 1 scr495 submitted that a court having jurisdiction over the subject matter of the suit and over the parties thereto, though bound to decide right may decide wrong, and that even though it decided wrong .....

Jiyajeerao Cotton Mills Ltd. Vs. Dev Kumar Holani and Others

Court : Supreme Court of India

Reported in : AIR1998SC2480; JT1998(5)SC132; 1998LabIC2742; (1998)IILLJ612SC; 1999(1)MPLJ255; 1998(4)SCALE238; (1998)6SCC35; 1999(1)SLJ173(SC)

..... letter dated 29.8.83 the government of india informed all the state governments and the union territory administrations that the sub-committee of central board of trustees had reviewed the working of the exempted establishment and has recommended tightening of the existing terms and conditions for grant of exemption under section 17(1)(a) ..... the appellant being an exempted establishment the account of each of the employees was to be credited with interest at the decided by the board of trustees and as the exempted scheme was not amended by the state government they were not entitled to the enhanced rate of interest. ..... of particular exempted establishment until and unless the same is notified in the official gazette by the appropriate govt.5. ..... being the appropriate government at the relevant time, for grant of exemption under section 17(1)(a) of the act, the government or being satisfied that the employees were in enjoyment of provident fund benefits which were on the whole not less favourable than the benefits provided under the act and the scheme granted exemption w.e.f. ..... in applying para 60 of the statutory scheme to the appellant and in holding that not paying interest at the rate in terms of para 60 amounted to contravention of the provisions of the act and the scheme. ..... clear provision made in the scheme, not paying interest at the higher rate amounted to contravention of the act and the scheme. ..... funds and miscellaneous provisions act, 1952 (hereinafter referred to as the act). .....

Municipal Corporation Of Greater Mumbai Vs. Property Owners Associatio ...

Court : Supreme Court of India

..... account maintained under section 122a, which will be available for re appropriation or expenditure at the commencement of the next ensuing official year; (c) an estimate of the corporation s receipts and income for the next ensuing official year (i) arising from sales, leases and other dispositions of immovable property vesting in the corporation by reason of the enactment of the city of bombay municipal (amendment) act, 1933 or acquired by the corporation for any of the purposes of chapter xii a; and (ii) being payments of ..... the expenditure which must or should, in his opinion, be incurred by the corporation in the next ensuing official year by reason of the obligations imposed upon the corporation arising out of the transfer to the corporation of the powers, duties, assets and liabilities of the board of trustees for the improvement of the city of bombay constituted under the city of bombay improvement trust transfer act, 1925 or for any of the purposes of chapter xii a; (b) an estimate of all balances, if any in ..... referred to in other clauses of this sub section arising from or relating to, transaction connected with the obligations imposed upon the corporation by the transfer to the corporation of the powers, duties, assets and liabilities of the said board of trustees or with the exercise of the powers and duties conferred or imposed upon the corporation by chapter xii a including grants from the state government .....

The Bengal Secretariat Cooperative Land Mortgage Bank And Housing Soci ...

Court : Supreme Court of India

..... society purchased a parcel land along with two buildings erected on it on 18.07.1947 from the official trustee of bengal, the executor of the property of ketty graham william admeasuring approximately 80.90 acre. ..... high court while declaring the amendment as invalid clarified that the other parts of the constitution (97th amendment) act, 2011 would not be affected ..... ) was party declared the constitution (97th amendment) act, 2011 inserting part ixb containing the articles 243zh to 243zt as ultra vires the constitution of india for not ..... thus, the constitution (97th amendment) act, 2011 would not be applicable to the local co-operative societies, whereas the same would be applicable to the multi-state co-operative societies and the societies within the ..... , all laws on co-operative societies were bound to be restructured in consonance with the 97th amendment of the constitution of india and, in any case, any provision in the act or rules or bye-laws otherwise inconsistent with the constitution will be inoperative thereafter. ..... 2013, all laws on co-operative societies were bound to be restructured in consonance with the 97th amendment of the constitution of india and, in any case, any provision in the act or rules or bye-laws otherwise inconsistent with the constitution will be inoperative thereafter. ..... the appellant society was registered in the year 1945 under the act 1940 (now governed by the west bengal co-operative societies act, 2006 as amended up to date, [for short, the act 2006 ].). .....

Atul Chandra Das(d) tr.lrs. Vs. Rabindra Nath bhattacharya(d)tr.lrs.&a ...

Court : Supreme Court of India

..... money lender amendment act, (act iv of 1931) * * (g) * (h) a loan made to or by the administrator general and official trustee of west bengal or the commissioner of wakfs or the official assignee or the official receiver of the high * 14 court in calcutta; (i) a loan or debenture in ..... include- * * * * (a) * (b) * (c) a loan taken or advanced by, by the central government or any state government or by any local authority in west bengal; * * (d) a loan advanced before or after the (i) (ii) commencement of this act by a bank; or by a co-operative life insurance society, co- operative society, insurance company, life assurance company, life insurance corporation of india, mutual insurance company, provident insurance society or from a provident fund; (e) an advance made on the basis of a ..... case where any loan is secured by a mortgage and the mortgagor ostensible sells the mortgaged property on any of the conditions specified in sub-section (c) of section 58 of the transfer of property act, 1882 (4 of 1882) then, notwithstanding anything to the contrary contained in the proviso to the said sub-section, the transaction shall always be deemed to be a mortgage by a conditional sale ..... 37(a) brings out the legislative intent with unambiguous clarity and therefore the high court was right in relying upon section 37(a) of the state act to find that though it was by agreement dated 07.12.1959 which is a separate document that 11 condition to make it a mortgage ..... amendment in the state act .....

R. Hemalatha Vs. Kashthuri

Court : Supreme Court of India

..... [(1a) the documents containing contracts to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 (48 of 2001) and if such documents are not registered on or after such commencement, then, they shall have no effect ..... made by learned counsel appearing on behalf of the respective parties, section 17 of the registration act, 1908, as applicable prior to the registration page 15 of 26 (tamil nadu amendment) act, 2012 and section 17 post amendment act, 2012, are required to be referred to which are as under.7. ..... it was the case on behalf of the defendant that in view of the tamil nadu amendment act no.29 of 2012 to the indian registration act, under which the instruments of agreement relating to sale of immovable property of the value of rs.100/ and upwards is compulsorily required to be registered, ..... in so far as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or (iv) any endorsement upon or transfer of any debenture issued by any such company; or (v) [any document other than the documents specified in sub section (1a)]. ..... [official .....

John Vallamattom and anr. Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR2003SC2902; 2003(5)ALD51(SC); 2004(5)ALLMR(SC)283; 2003(4)AWC2689(SC); 2003(3)CTC418; [2003(4)JCR44(SC)]; JT2003(6)SC37; 2003(3)KLT66(SC); 2003(5)SCALE384; (2003)6SCC611

..... sold within the appointed period, the land will vest in the official trustee of charity lands and charity commissioner was required to take steps ..... enactment religious bequests by a christian is discriminatory and violative of articles 14 and 15 of the constitution must be determined as per the rule of procedure laid down by section 118 of the act, which comes with the purview of articles 14 and 15 of the constitution, and it is, therefore, necessary that all testators who are similarly situated should be subjected to the same rule ..... amending act 1891, further provided that the land may be assured by will to or for the benefit of any charitable use; but in such case it was required to be sold, as a rule ..... whenever fundamental right to freedom of conscience and to profess, practice and to propagate religion is invoked, the petitioners contended that the act complained of as offending the fundamental right must be examined to dishonour whether such act is to protect order, morality and health, whether it is to give effect to the other provisions of part iii of the constitution or whether it is authorised by a law made to regulate or restrict any economic, ..... at the same time, since no exemption is granted by the state government to the members of the christian community under section 3 of the act, christians cannot bequest property for religious or charitable use unless fresh will is executed on the expiry of every 12 months, if the testator does not suffer from the misfortune .....

M/s Paul Rubber Industries Private Limited Vs. Amit Chand Mitra

Court : Supreme Court of India

..... to transfer for consideration, any immovable property for the purpose of section 53a of the transfer of property act, 1882 (4 of 1882) shall be registered if they have been executed on or after the commencement of the registration and other related laws (amendment) act, 2001 and if such documents are not registered on or after such commencement, then, they shall have ..... it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or (iv) any endorsement upon or transfer of any debenture issued by any such company; or (v) [any document other than the documents specified in ..... , if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no.xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the 10 indian registration act, 1877, or this act came or comes into force, namely: (a) instruments of gift of immovable property; (b) other non-testamentary instruments which purport or operate to create, declare, assign, ..... provided that the state government may from time to time, by notification in the official gazette, direct that leases of immoveable property, other than leases from year to year, or for any term exceeding one year, or reserving a yearly rent ..... official .....