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Malay Kumar Chatterjee vs The Official Trustee Of West Bengal & Anr on 7 September, 2015 cites

Ramchandraji Maharaj And Ors. vs Lalji Singh And Anr. on 24 September, 1958

"...An interesting question was raised in Ramchandraji v Lalji Singh whether a condition in a deed of endowment that the Shebait shall not alienate or encumber the properties was valid. It was observed that it would not be in the interest of the institution to deprive the Shebait of the power of alienation in case of necessity or benefit, and the 3 condition was accordingly held to be bad on the principle underlying section 10 of the Transfer of Property Act.
Patna High Court Cites 5 - Cited by 7 - V Ramaswami - Full Document

Paulo David De Souza vs K.R. Daphtary on 13 April, 1923

Mr. Rajarshi Dutt, learned counsel appearing on behalf of the petitioner, has referred to a decision of the Bombay High court in 2 P. D. De Souza vs. K. R. Daphtary reported at AIR 1924 Bombay 252 and submits that notwithstanding such a restrictive clause in the deed, the court may, on an emergency, do something not authorized by the deed and it has the general power to interfere with or disregard the deed if it appears to the court that for the purpose of fulfilling the object of the deed it would be necessary to allow alienation.
Bombay High Court Cites 2 - Cited by 5 - Full Document
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