Official Trustee - Law Dictionary Search Results
Home Dictionary Name: official trustee Page 1 of about 19 results ( seconds)Official trustee
Official trustee, the official trustee mentioned in s. 6, Married Women's Property Act is not the legal person referred to in the Official Trustees Act of 1913, which is a corporation sole, Smt. Haridasi Debi v. Manufacturers Life Assurance Co. Ltd., AIR 1937 Cal 379: 107 IC 912....
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....
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....
Churchwardens
Churchwardens, anciently styled Church Reeves or Ecclesi' Guardiani, the guardians or keepers of the church, and representatives of the body of the parish; but though in some sort ecclesiastical officers, they are always lay persons. They are a quasi corporation for certain purpose, Withnell v. Gartham, (1795) 6 TR 388 (396), and in the City of London they are a corporation for the purpose of holding lands; but beyond that they are only annual officers, Fell v. Official Trustee of Charity Lands, 1898 (2) Ch 59. They are sometimes appointed by the minister, sometimes by the Vestry and Parochial Church Meeting sitting together (see 11 & 12 Geo. 5 No. 1, s. 13), sometimes by the minister and the meeting together, sometimes one by the minister and another by the meeting, as custom directs. Where there is no custom the election must be according to Canon 89 and s. 13 above, under which they must be chosen by the joint consent of the minister and the meeting, and if they cannot agree, then t...
The law relating to evacuee property
The law relating to evacuee property, by defining the words 'the law relating to evacuee property' in clause (b) of s. 2 of the Repealing Act to mean the Administration of Evacuee Property Act, 1950, the Evacuee Interest (Separation) Act, 1951, the Dis-placed Persons (Compensation and Rehabilitation) Act, 1954 and any other law for the time being in force in relation to evacuees or evacuee property, the Legislature intended to give the same powers to the Custodian in dealing with the trust properties as he enjoys in respect of other evacuee property, Sir Fazalbhoy Currimbhoy v. Official Trustee of Maharashtra, AIR 1979 SC 687: (1979) 3 SCC 189: (1979) 2 SCR 699....
Trust corporation
Trust corporation, is defined by the (English) Settled Land Act, 1925, s. 117 (1) (xxx.), to mean the Public Trustee or a corporation appointed by the Court or entitled under (English) Public Trustee Act Rules [see the Public Trustee [(English) Custodian Trustee] Rules, 1926, S. R. & O., 1926, No. 1423/L. 37]. Trust corporations may exercise solely or jointly all the powers for the exercise of which the Land Legislation Acts of 1925 require two trustees at least (see TRUST; TRUST FOR SALE; SETTLED LAND; ADMINISTRATOR). These corporations include any company incorporated by Special Act or Royal Charter or Companies under the Companies Act, 1929, with an issued capital of not less than 2,50,000l., of which at least 1,00,000l. has been paid up in cash, or any company undertaking trust business for his Majesty's Navy, Army, Air Force or Civil Service having as director or member any person nominated by one of the Government Departments referred to in the Rules or any company authorized by ...
Official receivers
Official receivers, officers appointed by the Board of Trade under s. 66 of the (English) Bankruptcy Act, 1883, to act as interim receivers and managers of bankrupts' estates, pending the appointment of trustees in bankruptcy: see now Bankruptcy Act, 1914, ss. 70 et seq. The report of an official receiver is absolutely privileged, Bottomley v. Brougham, (1908) 1 KB 584; Burr v. Smith, (1909) 2 KB 306. As to the official receiver becoming provisional liquidator on the making of a winding-uporder, see Companies Act, 1929, s. 185, and LIQUIDATOR...
Uses
Uses (History). A use is the intention or purpose, express or implied, upon which property is to be held. The Common Law treated the actual possessor for all purposes as the owner of the property. It was not difficult to find him out, since the possession of his estate was conferred upon him by a formal and notorious ceremony, technically called livery of seisin, which was performed openly and in the presence of the people of the locality.It soon became evident that the simple rules of the Common Law were stumbling-blocks to the complicated wants of an enterprising people.Hence ingenuity was sharpened to hit upon a device which should set at nought the rigidity of existing law and formalities.A system was found by the monastic jurists upon a model furnished by the Civil Law, which, by a nice adaptation, evaded, without overturning, the Common Law. Two methods of transferring realty began to co-exist in this country-the ancient Common Law system, and the later invention, which is denomi...
Payment of Money into Court
Payment of Money into Court, i.e., the deposit of money with the official of or banker to the Court for the purpose of proceedings commenced in that Court. Payment into Court is not strictly a defence; it is rather an attempt at a compromise. No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery false imprisonment, libel, slander, malicious arrest or prosecution or seduction) might pay into Court a sum of money by way of compensation or amends, and by the Libel Act, 1843, money might be paid into Court in actions of libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879.Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt or damages, any defendant may, before or at the time of delivering his defence, or by leave of the Court or a ...
Directors
Directors, persons appointed or elected according to law, authorized to manage and direct the affairs of a corporation or company. The whole of the directors collectively form the board of directors. Their powers, if the company be incorporated by Act of Parliament, are derived from its special Acts and ss. 90-100 of the (English) Companies Clauses Act, 1845; if the company be incorporated under the (English) Companies Act, 1929, see ss. 139 et seq., ibid. The company is bound by all acts of the directors within the scope of their authority. They may receive a salary, but may make no personal profit from the company [see, however, Re Dover Coalfield Ltd., (1908) 1 Ch 65], nor can a pension be granted to a retiring managing director, Normandy v. Ind, Coope & Co., (1908) 1 Ch 84; but they were under no personal liability except for fraud, as to the criminal liability for which see Larceny Act, 1861 (24 & 25 Vict. c. 96), ss. 81 et seq., and DECEIT. Public companies registered after Octob...
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