INFO :
RF 1976 SC1476 (1)
ACT:
Trust-Properties vested in trustees-Trustees creating new
body-Entrustment of magement and properties to new body-
Legality ... thereof, The trustees of the Burhanpur Trust had
no power to create another body of men as trustees in their
own place. Trustees who have
would be an
appointment of new trustees. The trustees in the present
case did not appoint new trustees. The plaintiffs,
therefore, came to court ... Court is the appointment of
trustees. It is only because the other trustees did not
appoint a new trustee that the plaintiffs took recourse
removal of the trustee, for the
appointment of a new trustee, and for the delivery
to the new trustee of the property improperly
alienated ... that the
trustee appointed under the trust should be
removed and new trustee should be appointed and
the trust properties improperly alienated by the
previous
respondent was the
managing trustee during that period. The new trustees were
appointed by order of the Hindu Religious Endowments Board
dated January ... their functioning as trustees and to pay over to the new
trustees such amounts as may be found due ; (2) to assess
the amount
Section 73 - Appointment of new trustees on death, etc.
Whenever any person appointed a trustee disclaims, of
any trustee, either original or substituted, dies ... surviving or
continuing trustees or trustee for the time being, or
legal representative of the last surviving and
continuing trustee, or (with the consent
other person or persons to be a trustee or trustees in place
of the trustee or trustees so dying or desiring to retire
from ... other co-
trustee, refused to act as such. Therefore, his son,
Devindra was appointed as trustee by the continuing
trustees. Tarani Chorone died
register-Offer of
new shares under s. 105-C-Transferor whether bound to
acquire the new shares as trustee for transferee-Duties of
transferor--Validity ... trustee
for the beneficial owner, in the like manner he was a
trustee also of the right or the option to buy new shares
Trustee left for
making this appointment, he shall appoint a
Trustee following the above policy. And all
the rights of the Trustee of the said ... reason
whatever, new Trustees are not appointed or
none of the prior Trustees survives, the pan-
chas mentioned (under appointment of New
Trustees
hereinafter
referred to as ‘the Trust’) be removed and new trustees be appointed since
these appellants have failed the philosophy of Sri Aurobindo ... dereliction of their duty as trustees. The repeated conduct and failure of
the Trustees has proven that the Trustees are unfit and incapable of
administrating
surviving or continuing trustees may
appoint any person or persons to be trustees in the place
or places of trustees so dying or convicted ... new
trustee or trustees shall be made by passing an unanimous
resolution in that behalf by all the surviving or continuing
trustees within six months
