Charity Commissioners - Law Dictionary Search Results
Home Dictionary Name: charity commissionersCharity Commissioners
Charity Commissioners. The Charity Commissio-ners for England and Wales are a body appointed under the provisions of the Charitable Trusts Acts, 1853 to 1925, and their powers and duties are to be found in these Acts. They exercise very extensive powers of management and control over charities, including power to authorize sales, exchanges, leases and mortgages of charity property; to frame new schemes where the original terms of the trust can no longer be literally or beneficially complied with; to investigate the accounts of charitable trusts; to sanction proceedings by the trustees and give them advice, and many other powers. There are, however, certain institutions exempted from their jurisdiction, e.g., certain universities and colleges, registered places of worship, and charities wholly supported by voluntary contributions; see s. 62 of the Act of 1853, the construction of which has given rise to great difficulties, and the judgment of Davey, L.J., in Re Clergy Orphan Corporation...
Charitable uses and trusts
Charitable uses and trusts. 9 Geo. 2, c. 26, commonly called 'The Mortmain Act,' 1735, after reciting that ifts or alienations of land in mortmain (see MORTMAIN) were prohibited by Magna Charta and other whole-some laws as prejudicial to the common utility, and that such public mischief had greatly increased by many large and improvident dispositions, made by languishing or dying persons to charitable uses, to take place after their deaths to the disherison of their lawful heirs, enacted that no lands or other hereditaments whatsoever, nor money, or personal estate to be laid out in land should be given to any person or bodies corporate, or charged by any person in trust, for any charitable uses, unless such gift, etc., should be made by deed (thus entirely excluding gifts by will) executed twelve months before the death of the donor and be enrolled in the court of Chancery within six calendar months after execution, and be without any power of revocation for the benefit of the donor.T...
Court
Court, compensation officer appointed under (English) Bihar Land Reforms Act, 1950 is not a 'Court' within the meaning of s. 195(1)(b) of the Code of Criminal Procedure Code 1973, Keshab Moroyan Banerjee v. State of Bihar, AIR 2000 SC 485 (490). [Bihar Land Reforms Act (30 of 1950), s. 19]Court, means the principle civil court of original jurisdiction in a district and including the High Court in exercise of the ordinary original civil jurisdiction, having jursidiction to decide the questions forming the subject matter of suit, but does not incude any civil court of a grade inferior to such civil court or any court of small causes.S. 2(*) Arbitration and Conciliation Act, 1996, Raipur Development Authority v. Sarin Construction Company, Raipur, AIR 2006 Chattisgarh 12.The tribunal which is to exercise the jurisdiction for executing the decree in question is 'a court' within the scope of s. 45C of the Banking Companies Act, Ram Narain v. Simla Banking and Industrial Co. Ltd., AIR 1956 S...
Official trustee of charity lands
Official trustee of charity lands, the secretary for the time being of the Charity Commissioners, who is constituted a corporation sole by that name for taking and holding charity lands: see (English) Charitable Trusts Act, 1853, s. 49; Charitable Trusts Amendment Act, 1855, s. 15....
Endowment
Endowment, wealth ensured in perpetuity to any person or use. The assuring dower to a woman; the setting forth a sufficient portion for a vicar towards his perpetual maintenance when the benefice is appropriated; the creation of a perpetual provision out of lands or money for any institution or person. as to the meaning of the term in s. 62 of the Charitable Trusts Act, 1853, see Re Clergy Orphan Corporation, (1894) 3 Ch 145.A gift of money or property to an institution (such as university) for a specific purpose esp. in which the principal kept intact indefinitely and only interest income from that principal is used, Black's Law Dictionary, p. 548.Endowment is dedication of property for purposes of religion or charity having both the subject and object certain and capable of ascertainment, Pratap Singh Ji N. Desai v. Deputy Charity Commissioner, AIR 1987 SC 2004 (2069): 1987 Supp SCC 714....
Vesting Order
Vesting Order. The Court of Chancery had, and the Chancery Division of the High Court of Justice now has, the power of making orders passing the legal estate in property without a conveyance. Also commissioners appointed by several modern statutes have power, by vesting order, to transfer legal estates without the necessity of a deed of transfer, e.g., Charity Commissioners, or Board of Education.Vesting Orders may be made under the Law of Property Act, 1925, see s. 9 and passim; Trustee Act, 1925, ss. 44 et seq.; Settled Land Act, 1925, ss. 12 and 16; Administration of Estates act, 1925, ss. 38 and 43. As to Vesting Orders in Lunacy, see Lunacy Act, 1890, ss. 135-140; and Trustee Act, 1925, s. 54. Consult Seton on Judgments; Dan. Ch. Pr....
Mortmain
Mortmain [fr. mort, Fr., dead, and main hand], such a state of possession of land as makes it inalienable; whence it is said to be in dead hand--in a hand that cannot shift away the property. It takes place upon alienation to any corporation, sole or aggregate, ecclesiastical or temporal, 2 Bl. Com. 268.By several old statutes, alienation of lands and tenements in mortmain, i.e., to religious and other corporations, which were supposed to hold them in a dead or unserviceable hand, were prohibited under pain of forfeiture to the lord, the fruits of whose feudal seigniory (the great hinge of government in those days) were thus impaired. But either with or without the consent of the immediate lords (for this is doubtful), this forfeiture might be dispensed with by a licence in mortmain from the Crown, which licence was made sufficient without any such consent by 7 & 8 Wm. 3, c. 37, repealed and reenacted by the consolidating mortmain and (English) Charitable Uses Act, 1888 (51 & 52 Vict. ...
Official trustees of charitable funds
Official trustees of charitable funds, officers of the Charity Commissioners appointed to hold stocks and securities belonging to charities: see (English) Charitable Trusts Act, 1853, s. 51; (English) Charitable Trusts Amendment Act, 1855, s. 18; (English) Charitable Trusts Act, 1887, s. 4....
Things done
Things done, is comprehensive enough to take in not only the things done, but also the effect onthe legal consequences flowing therefrom, Hasan Balak v. S.M. Limai, Assistant Charity Commissioner, Nagpur, AIR 1967 SC 1742: 1967 MP LJ 118: 1967 Jab LJ 526: AIR 1967 SC 1742: 1966 (68) Bom LR 133.The words 'things done' in paragraph 6 of the Order are comprehensive enough to take in a trans-action effected before the merger, though some of its legal effects and consequences projected into the post-merger period, Universal Imports Agency v. Chief Controller of Imports and Exports, AIR 1961 SC 41 (47): (1961) 1 SCR 305. [French Establishments (Application of Laws) Order (1954) Para 6](ii) The words 'things done' in paragraph 6 of S.R.O. 3315 were comprehensive so as to include a contract effected before November 1, 1954, through its legal effect and consequence projected into the post-transfer period and the goods were imported only after November 1, 1954, French India Importing Corporation...
Varaspatra
Varaspatra, 'varaspatra' is a deed of nomination by which an adhikari for the sansthan was nominated in order to take charge of the property, maintain and continue the religious worship of the deityas per tradition as well as of the celebration ofthe festivals in accordance with the customary practice of the sansthan, Dhaneshwarbuwa Guru Purshottambuwa v. Charity Commissioner, AIR 1976 SC 871: (1976) 2 SCC 417 (422): (1976) 3 SCR 518....
- << Prev.
- Next >>