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
Funds and Securities, but it is now considered desirable that certain new Trustees should be appointed and that these presents should be executed ... person or persons to be a Trustee or Trustees in the stead or place of the Trustee or Trustees so dying or being abroad
section says "further or other relief," and if a new trustee can be appointed under the section in place of an existing trustee ... remove a trustee will have to be instituted elsewhere, and after the trustee is removed, a suit to appoint a new trustee will have
appoint new Trustees or Trustees, so
as to bring the number of Trustees to the minimum as herein provided.
Clause 14
The Trustees shall ... continuing Trustees or trustee for the time being, shall be entitled to appoint a
Trustee or Trustees in place of the Trustee or Trustees
trustees, or sudden death of trustee, or any
incapacity rendering a trustee to be incapable from discharging his duty,
remaining trustees would induct/appoint new ... incapacity of trustees, there had been reduction in the number of trustees, and
when four (4) surviving trustees of the Board of Trustees namely Swatmananda
surviving or continuing trustees, or trustee, for the time being, or legal representative of the last surviving and continuing trustee, or (with the consent ... appointment of a trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly.
In appointing new trustees
appointment of a trustee or a new trustee, and the Court may appoint a trustee or a new trustee accordingly.
5. Therefore, sections ... situation when a trustee vacates his office and the manner of appointment of a trustee in the place of the Trustee who dies
new trustee in the place of a trustee who is alleged to be of unsound mind. The applicant is his co-trustee.
2. The trust ... Indian Trustees Act, 1866, is practically the same as Section 32 of the English Trustee Act, 1850, and Section 25 of the English Trustee
death, retirement, disability or
unwillingness of any of the Trustees to act as Trustee, a new Trustee will
be appointed in the manner stated ... trustee is to be appointed and such trustee is to be the sole
trustee.
The provisions of this section relative to a trustee
Kashiram @ Kashinath Sadashiv Mahajan ... vs Nhavi Masjid Trust Thro. New Trustees- ... on 6 May, 2022
Author: Mangesh S. Patil
Bench: Mangesh S. Patil
