Custodian - Law Dictionary Search Results
Home Dictionary Name: custodianIn the opinion of the custodian
In the opinion of the custodian, the use of the expression 'in the opinion of the Custodian' was not intended to invest the Custodian with arbitrary authority. In forming his opinion, he was bound to act judicially, Custodian of Evacuee Property v.Rabia Bai, (1976) 4 SCC 270: AIR 1976 SC 2557. [Administration of Evacuee Property Act, 1950, s. 10(2)(n)]...
Custodian trustee
Custodian trustee, a trustee appointed under the Public Tustee Act, 1906, s. 4, to hav the custody as distinct from the management of the trust estate. The appointment may be made by the Court or the settlor or the donee of the power of appointing new trustees, but the only persons eligible are the Public Trustee, or some banking or insurance company or other body corporate entitled by the rules made under the Act to act as custodian trustee, e.g., (English) Public Trustee (Custodian Tustee Rules,1926 (S. R. & O. 1926, No. 1423/L. 37). See Re Cherry's Trusts, (1914) 1 Ch 83, and TRUST CORPORATION....
custodian
custodian : an individual entrusted with guarding and keeping property or having custody of a person: as a : the warden of a prison b : a person given custody of a child by court order c : a person named to manage a child's property under the Uniform Transfers to Minors Act d : a person or entity appointed by a bankruptcy court to take charge of the debtor's property for purposes of administration cus·to·di·an·ship n ...
Evacuee
Evacuee, The evacuee cannot take possession of his property. He cannot lease that property. He cannot sell that property without the consent of the Custodian. He can not mortgage that property. He can not realise the income of the property. On the other hand, the Custodian can take possession of that property. He can realise its income. He can alienate the property and he can under certain circumstances demolish the property. All the rights that the evacuee had in the property he left in Pakistan were exercisable by the Custodian excepting that he could not appropriate the proceeds for his own use. The evacuee cannot exercise any rights in that property except with the consent of the Custodian. He merely had some beneficial interest in that property. No doubt that residual interest in a sense is ownership, R.B. Jodha Mal Kuthiala v. Commissioner of Income-tax, (1971) 3 SCC 369: AIR 1972 SC 126: (1972) 2 SCR 127....
Any person aggrieved
Any person aggrieved, the words 'any person aggrieved' in s. 24 of the Act can only mean a person whose properties have been declared to be evacuee properties by the Custodian, or a person who moved the Custodian to get the properties so declared or any other such aggrieved person. The words 'any person aggrieved' in the context cannot include any Custodian as defined in the Act, Md. Sharfuddin v. R.P. Singh, AIR 1961 SC 1312 (1314): (1962) 1 SCR 239. (Administration of Evacuee Property, Act, 1950 s. 24)...
Cash balances
Cash balances, The expression 'cash balances' in clause (b) of sub-s. (1) of s. 14 of the Administration of Evacuee Property Act, 1950 has to be construed as the excess of credits over debits. The word 'balance' appears to have been advisedly used in preference to 'deposits' because the intention was that only such amount in deposit with the Custodian should be transferred to the compensation pool which would be in excess of the amount required for meeting the due claims against the evacuees or their properties. It is thus clear that what can be directed to be transferred to the compensation pool by the Government under s. 14(1)(b) is the 'cash balance' and not the total cash deposits with the Custodian, Custodian of Evacuee Property v. Rabia Bai, (1977) 1 SCR 25: (1976) 4 SCC 270: AIR 1976 SC 2557 (2566)....
Administration
Administration, the giving or supplying of something. The term is used in three different senses. (1) granting of letters of administration to an administrator by the Probate Division. (2) The administration of the estate of a deceased person by an executor or administrator, i.e., the payment of his debts and the distribution of his assets among the persons entitled. See ss. 32 et seq., First Sched., Part III., of the (English) Administration of Estates Act, 1925, and Re Tony, (1931) 1Ch 202. (3) The administration of the estate by the Chancery Division in cases where difficulties have arisen in the course of administration. Orders for administration by the Chancery Division are made on originating summons, and only by the judge in person. see Trist. And Coote, Prob. Pr.; R. S. C. Ord. LV., rr. 3 et seq.; Seton on Judgments. And see ADMINISTRATOR; WIDOW.The body of ministers appointed by the Crown to carry on the government of the country; now more commonly called 'the Government.'The ...
As he thinks fit
As he thinks fit, the revisional powers conferred upon the Custodian-General and the Custodian under the J&K State Evacuees' (Administration of Property) Act, 2006 (6 of 2006) (1949 AD) are of wider amplitude which cannot be restricted debarring the revisional authorities from satisfying themselves as to the legality or propriety of the orders passed by a subordinate authority in complete disregard to the provisions of the Act and the relevant facts. Any conclusion arrived to without reference to reliable, cogent and admissible evidence, cannot be termed to be a decision arrived on facts. Permitting the revisional authority to 'pass' such order in relation thereto as he thinks fit' clearly indicates the extent of the power conferred upon it which cannot be limited or circumscribed, Ghulam Qadir v. Special Tribunal, (2002) 1 SCC 33 (66)....
Out of funds in his possession
Out of funds in his possession, the words 'out of funds in his possession' in s. 10(2)(n) of the act show that it would be attracted only where funds are relying with the custodian, Custodian of Evacuee Property v. Rabia Bai, (1976) 4 SCC 270: AIR 1976 SC 2557 (2560). [Administration of Evacuee Property Act, 1950, s. 10(2)(n)]...
Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
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