Search Results Page

Search Results

1 - 4 of 4 (0.28 seconds)

Man Mohan Das vs Janki Prasad on 17 October, 1944

"38. In the case of co-trustees the office is a joint one. Where the administration of the trust is vested in co-trustees, they all form as it were but one collective trustee, and therefore must execute the duties of, the office in their joint capacity. It is not uncommon to hear one of Several trustees spoken of as the acting trustee, but the Court knows no such distinction; all who accept the office are in the eyes of the law acting trustees. If any one refuse or be incapable to join, it is not competent for the others to proceed without him, but the administration of the trust must in that case devolve upon the Court. However, the act of one trustee done with the sanction and approval of a co-trustee may be regarded as the act of both. But such sanction or approval must be strictly proved."
Bombay High Court Cites 9 - Cited by 31 - Full Document

L. Janakirama Iyer And Others vs P. M. Nilakanta Iyer And Others on 26 October, 1961

"19. Lewin on "Trusts" has observed that "in the case of co-trustees the office is a joint one. Where the administration of the trust is vested in Co-trustees they all form as it were but one collective trustee, and therefore must execute the duties of the office in their joint capacity. it is not uncommon to hear one of several trustees spoken of as the acting trustee but the Court knows no such distinctions, all who accept the office are in the eyes of the law acting trustees. If anyone refuses or be incapable to join it is not competent for the others to proceed without him, but the administration of the trust must in that case devolve upon the Court. However, the act of one trustee done with the sanction and approval of a co-trustee any be regarded as the act of both. But such sanction or approval must be strictly proved (1) If one of the trustees refuses to join in the execution of the trust, under the Indian law s.34 of the Trusts Act provides for the remedy. The other trustees can apply to the Court as contemplated by 8. 34 and the trust may accordingly be executed.
Supreme Court of India Cites 22 - Cited by 129 - P B Gajendragadkar - Full Document
1