Judgment Search Results Home > Cases Phrase: official trustees amendment act 1964 Page 15 of about 30,376 results (0.114 seconds)

The Official Assignee of Madras Vs. E. Narasimha Mudaliar, Proprietor ...

Court : Privy Council

..... that the bankruptcy court does not entertain simple money claims by the trustee or official receiver in bankruptcy against strangers to the bankruptcy but that such claims are tried in other courts unless there is an admission by the stranger to the bankruptcy on an examination that he is indebted to the insolvent, in which cases sub-section (4) of section 25 of the english bankruptcy act enables the court to make an order upon him for payment, ..... but the presidency towns insolvency (amendment) act of 1927 has brought about an alteration and sub-sections (4) and (5) of section 36 of the presidency towns insolvency act of 1909 have been amended by the substitution of the following words "if on his examination any such person admits" for the words "if ..... amendment to section 36 1 have already referred to and i now propose to deal with section 2 of the presidency towns insolvency (amendment) act of 1927 which amends section 7 of the act ..... before the presidency towns insolvency (amendment) act of 1027 the court could summon before it any person who was supposed to be indebted to the insolvent and examine that person and if on examination the ..... to consider what effect section 2 of the presidency towns insolvency (amendment) act of 1927 has upon that section and it is therefore necessary to consider first of all whether the insolvency court before the amendment had jurisdiction to try simple money claims and, if it had, whether the section as amended has taken away or limited that right. .....

Johnson Vs. Atlantic, G. and W.i. Transit Co.

Court : US Supreme Court

..... any special notice, i hereby and now, to put at rest any future doubts, formally notify the trustees of the full acceptance by the florida railroad company of the provisions of the act of january 6, 1855, entitled 'an act to provide for and encourage a liberal system of internal improvements' for that part of the route designated in their amended charter which lies between tampa and the point of junction with the cedar keys extension, or, in other words, for all ..... authorize a sale, even in event of a default, until after the completion of the railroad in question, and that the said railroad was not completed at the time of the sale, and secondly because the persons who officiated as such trustees and made the sale were not lawfully constituted officers of the state, and their action was consequently null and void. ..... " we are thus brought to the conclusion that the appellants have not sustained their claim that the action of the trustees in making the sale of the railroad was void either from a mistake in interpreting the meaning of the statutes or from any want of power as official persons; that they have likewise failed to show by preponderating evidence any fraud or collusion on the part of dickerson and his associates in their purchase of the florida railroad; and, finally .....

Rhone-poulenc Employees Union Vs. Regional Provident Fund Commissioner ...

Court : Mumbai

Reported in : 1995(3)BomCR707; (1996)IILLJ1001Bom

..... the committee made certain recommendations and the follow up action as suggested indicates that even by the annual report of 1983 it was recommended that the provisions of section 7a and section 8 of the act should be amended suitably to empower the em-ployees provident fund authorities to decide the quantum of arrears due from the exempted establishments in respect of employees eligible for the membership but not enrolled as members of the fund and to issue ..... if the provident fund rules of establishment provide for forfeiture of the employer's contributions in cases where an employee ceases to be a member of the fund on the lines of para 69 of the said scheme, the board of trustees shall maintain a separate account of the amounts so forfeited and may utilise the same for such purposes as may be determined with the prior approval of the central provident fund commissioner/regional provident fund commissioner. 23. ..... under section 1(4) it is provided that where it appears to the central provident fund commissioner, that the employer and the majority of employees in relation to any establishment have agreed that the provision of this act should be made applicable then the central provident fund commissioner may by notification in the official gazettes, apply the provisions of this act to that establishment on and from the date of such agreement or from any subsequent date specified in such agreement. .....

Shri Sidheswar Mallik and Shri B.K. Mohanty Vs. State of Orissa and or ...

Court : Orissa

Reported in : 94(2002)CLT107; 2002(I)OLR574

..... on29.5.1999 and registered on 7.7.1999, was amended (vide annexure-e/14)wherein certain persons were excluded and certain others wereincluded as the trustees in the'reconstituted trtist besides makingcertain other changes in the terms and conditions of the trust deed.the aforesaid amended trust deed (annexure-e/1.4) has also beenchallenged by the petitioner on the grounds that'the same couldnot be amended and the manner in which the trust deed has ..... that it is absolutely a private trust and it is only the chairman of the corporation who, for his own benefit and for the benefit of the members of the trust, has utilised his official power to divert the funds and property of the corporation in favour of a private body .with an oblique motive to grab the same by some way or the other. ..... on the day the aicte granted permission to open the engineering college, there was no trust in existence nor was there any body corporate registered under the societies registration act to open the engineering college, hence, the aicte should not have granted permission to the corporation as, for all practical purposes, the corporation itself could not have run ..... the argument of the learned counsel for the opposite parties is that in view of the amendment made to the constitution by incorporating part ix-a by the 74th amendment, the act had also undergone an amendment by virtue of the orissa act 11 of 1994, which came into force on the 31st of may, 1994, wherein section 374-a has been inserted, .....

illachi Devi (D) by Lrs. and ors. Vs. JaIn Society, Protection of Orph ...

Court : Supreme Court of India

Reported in : AIR2003SC3397; 97(2004)CLT284(SC); 2003(4)CTC98; 107(2003)DLT137(SC); JT2003(Suppl1)SC428; 2003(8)SCALE190; (2003)8SCC413

..... amending act of 1983, the following provision was inserted in section 236:-'.....nor to any association of individuals unless it is a company which satisfies the conditions prescribed by rules to be made by notification in the official ..... property of society how vested - the property, moveable and immoveable, belonging to a society registered under this act, if not vested in trustees, shall be deemed to be vested for the time being in the governing body of such society, and in all proceedings, civil and criminal, may be described as the property of the governing body ..... suits by and against societies - every society registered under this act may sue or be sued in the name of the president, chairman, or principal secretary, or trustees, as shall be determined by the rules and regulations of the society, and, in default of such determination, in the name of such person, as shall he appointed by the governing body for the occasion: ..... - any such registered society may sue or be sued in the name of the chairman or secretary or trustees, as shall be determined by the rules of the society, and if there are no rules in this behalf in the name of such person as shall be nominated by the managing committee for this purpose : ..... in the gazette of india on 17th january, 1933, part-i, page 40, which run as follows:--'(1) in these rules - (a) 'share capital' includes stock; and(b) 'trust business' means the business of acting as trustee under wills and settlements and as executor and dministrator. .....

The Vasudeva Pillai Trust, Represented by Its Secretary Mr. T.R. Ramak ...

Court : Chennai

Reported in : (1962)1MLJ116

..... 3 and against whom a suit in ejectment has been instituted or proceeding under section 41 of the presidency small cause courts act, 1882, taken by the landlord, may, within one month of the date of the madras city tenants protection (amendment) act, 1935, coming into force or of the date with effect from which this act is extended to the municipal town or village in which the land is situate, or within one month after the service ..... i am of opinion that the amendment of the explanation under the 1926 act introducing the words describing the trustee's power to convey significantly point out that the tenant under a trustee cannot exercise the statutory right to purchase the demised land if the trustee could not have sold the land under a private sale there being neither necessity ..... of the order, the tenant shall pay into court or otherwise as directed the price so fixed in one or more instalments with or without interest.the explanation to section 9 as it stood prior to the amendment in 1926 was as follows:explanation: land means the interest of the landlord in the land and all other interests which he can convey under any power.5. ..... the father's power to sell did not vest in the official receiver or the assignee. ..... but the official receiver or the assignee in insolvency can in exercising the power of the father do only what ..... the official receiver stepping into the shoes of the father cannot transgress that power and bring about an omnibus sale to discharge all the debts of the father .....

Official Trustee of West Bengal Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1979]116ITR219(Cal)

..... in connection with the assessment for the relevant assessment years, itwas claimed by the assessee, the official trustee, that the payment ofrs. ..... we do not think that while passing the murshibadad estate (trust) (amendment) act, 1963, the west bengal legislature was in any way concerned with the fiscal consequences of either the receipt of the money or the receipt of the income from the trust estate. ..... and administering the trust properties and the income therefrom, including costs of such repairs and improvements of any of the trust properties other than the mosques and imambarahs as appear necessary to the trustee and are approved by the state government, and (ii) all revenues, rents, cesses, rates, taxes, debts and liabilities in respect of the murshidabad estate and the trust properties and all amount required to satisfy any ..... descent of the title of nawab bahadur or to the sum of rupees two lakhs and thirty thousand payable to the nawab bahadur from the revenues of the government in pursuance of the indenture included in, and confirmed by, the moorshedabad act, 1891, or to the payment thereof to the nawab bahadur in accordance with the provisions of the said indenture by equal monthly instalments of rupees nineteen thousand one hundred and sixty-six and ten annas and eight ..... the ito passed his order for the assessment year 1964-65, in whichhe disallowed this claim. ..... the assessment years involved are 1964-65 to 1967-68. .....

Vacher and Sons, Limited Vs. London Society of Compositors

Court : House of Lords

..... the qualification common to the 1st, 2nd, and 3rd sections is here introduced to qualify to that extent the statutory liability imposed upon the trustees (who may not be members of the union at all) by the 9th section of the act of 1871, and he urged that the use of the words "nothing in this section" with which the sub-section commences shews that the legislature thought and intended that the words "in ..... are as follows: "an action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court. ..... 3, though not mentioning the act in terms, affects the act and amends it by making the act of "a person," in inducing a breach of contract, or in doing certain other things, which would have been actionable before the trade disputes act, 1906, actionable no longer if done in contemplation or ..... 1 is confined to cases of trade disputes and amends the law of conspiracy in such cases by precluding legal remedy unless the act done would have been actionable apart from the circumstances of agreement ..... right to indicate the real difficulty which exists in its interpretation, and which, i think, points either to imperfect drafting or to some intermediate provision having been cut out without the proper consequential amendments being made in the language of sub-s. 2. .....

Rorick Vs. Commissioners

Court : US Supreme Court

..... fulfillment of this obligation, florida, in 1885 (chapter 610, laws of florida, acts of 1855), vested the lands in trustees of the internal improvement fund (hereafter called trustees) consisting of designated state officials. ..... the board of commissioners, the trustees, and various county tax officials were named as defendants in the ..... what is decisive under 266 is not the formal status of the officials sued, but the sphere of their functions regarding the matter in issue ..... it was alleged that, under the earlier act, lands on which taxes were delinquent were to be sold at auction, and, for want of bidders for the amount of taxes plus costs, were to be bid off to trustees who were under a duty to pay for tax certificates as well as the drainage taxes in ..... for the district made numerous changes affecting its financial administration and the relations between the district and the trustees (chapters 13633, 14717; 17902, laws of florida, 1929, 1931 and 1937). ..... violation of contractual rights were alleged in that trustees had ceased paying for the tax certificates as well as the drainage taxes, and that 65 of the 1931 statute had declared that trustees held the certificates in trust for the district, and required them to transfer the certificates to ..... prayers of the bills were amended on november 5, 1931. ..... to review a decree of a district court of three judges convened under 266 of the judicial code as amended, 28 u.s.c. ..... case is here on appeal under 238 of the judicial code as amended, 28 u.s.c. .....

United Mine Workers Vs. Pennington

Court : US Supreme Court

..... the conduct of the union and the operators did not violate the act, the action taken to set a minimum wage for government purchases of coal was the act of a public official who is not claimed to be a co-conspirator, and the jury should have been instructed, as umw requested, to exclude any damages which phillips may have suffered as a result of the secretary's walsh-healey determinations. ..... phillips filed an answer and a cross-claim against umw, alleging in both that the trustees, the umw and certain large coal operators had conspired to restrain and to monopolize interstate commerce in violation of 1 and 2 of the sherman antitrust act, as amended, 26 stat. ..... in approving the instructions of the trial court with regard to the approaches of the union and the operators to the secretary of labor and to the tva officials, the court of appeals considered noerr as applying only to conduct "unaccompanied by a purpose or intent to further a conspiracy to violate a statute. ..... the purchasing agent, however, was not a public official, but the wholly owned subsidiary of an american corporation alleged to be a principal actor in the conspiracy. ..... noerr shields from the sherman act a concerted effort to influence public officials regardless of intent of purpose. ..... the sherman act, it was held, was not intended to bar concerted action of this kind even though the resulting official action damaged other competitors at whom the campaign was aimed. .....