deed, and by the same deed or any other deed or by will or codicil to declare new trusts concerning the trust premises. From ... power to alter the trusts by substituting therefor trusts ejusdem generis with the other trusts mentioned in the deed, Similarly, in the ease before
Trust Deed. The original
intent of the Settler cannot be done away with for want of power
to do so under the Trust Deed ... Agasthyar Trust, Madras Vs.
Commissioner of Income Tax5 which holds that if there is no power
given under the Trust Deed to amend, alter, vary
Marten Borchert And Anr vs Arzan Khambatta And Anr on 18 April, 2011
Author: Roshan
order which would in any way alter the duties of the trustees under the trust-deed.
6. With regard to the merits of the application ... Court to try and get their duties under the trust-deed altered according to their ideas of what is fit and proper, and they must
contended that no provision of the Deed of Trust entitles the Respondent Nos. 1 and 2 to alter or amend the benefits payable retrospectively ... empower the trust to alter or limit or reduce the benefits at any time even without effecting any amendment in the trust deed. The actions
Sir Dinshaw Manockji Petit And Ors. vs Sir Jamsetji Jeejeebhoy And Ors. on 27 November
Trust were not
restricted to any particular community or religion. Reliance
in this behalf was placed upon clause (xiv) of the trust deed
which entitles ... meaning and scope of
a clause of the trust deed but an attempt to alter the object of
the trust deed, which is not contemplated
said Trust. Under the said Trust the settler bequeathed various properties mentioned in the schedule to the said Deed of Trust. The properties so settled ... clause (d) of the said Deed of Trust. Under the said Deed of Trust no power to alter or revoke the trust is reserved
trustees of the debenture trust deed. There can be no dispute that under the arrangement agreed to by the above deed or arrangement the Brazilian ... trustees of the debenture trust deed. This deed of arrangement must be accepted as an arrangement of alteration agreed to between the trustees
Palkhivala says that this shows
that whatever the provision of the trust deed
may be, by a resolution passed by the trustees
they have decided ... read the resolution as in any way altering
the provision in the trust deed. The trust deed
gives the discretion to the trustees to utilise
