whether only
declaratory.
HEADNOTE:
In August 1957 the appellant created two Trusts by two sepa-
rate deeds, one of which was a charitable trust ... expiry of the said
period of two years, the Trustees shall pay
over to the Trustees of the said Shri
Yeshwantrao Maharaj Charitable Trust
Attorney-General to intervenue and to inform "the
Court if the trustees of a charitable trust fall short of
their duty ... Baddeley and others (Trustees of the Newtown Trust) v.
Commissioners of Inland Revenue(") certain properties were
conveyed to trustees by two conveyances
provision in the scheme which directed the
trustee or managers, or even one out of two managers when
they cannot agree, to obtain directions ... direction can be sought by persons
other than trustees or managers or one of two managers as
provided in paras
accused were proceeded against. It was said
that they were the trustees of two trusts known as "Shree
Swaminarayan Mandir" and "Narayan ... other accused the associated
trustees at the relevant time. It was said that all
these trustees were appointed under two different schemes
framed
Mutt and all its endow-
ments in the hereditary trustee and two non-hereditary
trustees appointed by the Board. These latter are liable
Original Side Rules and prayed for two reliefs, namely,
(i) to have the Official Trustee appointed as the trustee in
his place ... them attain the age of majority should be the sole
Trustee or Joint Trustees and (c) from and after his death
the said Trust Estate
interest receivable by the assessee
from the securities and loans of the two trusts, he was not
liable to pay income ... Under this trust deed, trustees were
appointed and the said amounts were transferred to them.
Under the document the trustees wereunder an obligation to
manage
authority of immovable properties.
M. The Trustees are not bound to pay any amount
to the said two tavazhies after the expiry of 20 years ... income from the business so vested in the trustees, he
directed the trustees to spend 25 per cent for the develop-
ment of Arya Vaidya
four religious and charitable
objects, two of the objects were within taxable territories
and the other two were outside the taxable territories. The
income derived ... minority as well as on those
Trustees who may not have voted and if the
Trustees shall be equally divided in opinion
the matter shall
rule the High Court abated the two aforesaid appeals filed
by the respondents before it. The Trustees appealed to this
Court by special leave. They
