defendant no. 7 Trust by all the trustees including respondent
no.1 / plaintiff, his wife and two sons and that the purported
admission made ... himself and respondent no.1 / plaintiff in that
document. The remaining two trustees were not represented. As
such, their admission is also a question
sole executor of
such Will and as one of the two trustees of the Trust created thereby. Such
Will also provided that ... trustees. The
mandate to the trustees under the first Will was to distribute the Trust
properties and the usufructs therefrom to the two daughters
defendant nos.1 and 2 are the
only two trustees of Bachhraj Surana Trust.
3. Clause 4(a) of the Trust Deed of the said ... liabilities to
divide the income/profit in two equal shares and crediting
the same to two separate accounts to be maintained in the
name
order the Court noticed
that two trustees had not been made parties. The appellant proposed to
amend the writ. The Court observed and ordered that ... appellant/writ
petitioner proposed are very ministerial, bringing on record two trustees
and altering the address of some of the parties in the cause title
bare trustee for the heirs as to two-
thirds, and an active trustee as to one-third for the purposes of the
will ... bare trustee for the heirs as to two-thirds, and an active trustee as to one-
third for the purposes of the will
parties and it is
barred by limitation. Karuna Gupta, being a trustee in the trust property,
did not have the capacity to enter into ... oral evidence and some
documentary evidence. On the other hand, defendants adduced two letters
as documentary evidence only.
In the impugned judgment
authorities. The petitioner, therefore, came about to occupy two storage
spaces of KoPT.
The board of trustees for Kolkata Port had by a resolution dated ... relevant point of time. The petitioner had failed to vacate
its two occupations within the agreed period. In such circumstances, in
terms of the resolution
Saraf's client, the debenture trustee ICICI Bank will issue
a peremptory notice within two weeks from date to the debenture holders who
have
13th November, 2017.
The Court : In spite of publication in two leading
newspapers, the trustees have not received any offer over and
above the offer ... prayer (b) of the
petition. The matter is made returnable adjourned after two
weeks.
(SOUMEN
Board of
Trustees (supra) is no more a good law. The attention of this Court is drawn to
the two later decisions ... submitted that similar clause came up for consideration
in those two matters and the said clauses have been interpreted as a prohibitive
clause denuding
