when amendment was introduced. The objection is that when a foreigner can be a trustee in a Hindu Religious and Charitable Institutions in a State ... writ petitioner/respondent that the power to prohibit a foreigner from becoming a trustee is only with the Union and the State Government cannot legislate
result of discrimination between foreigners, namely, a foreigner in Tamil
Nadu alone cannot become a trustee of a religious institution, whereas, a
foreigner in other ... provisions of the Hindu
Religious and Charitable Endowments Act disabling foreigners to be trustees,
the stay of the petitioner now has absolutely no justification
test whether the bankrupt could have assigned to the trustee, at the date when the trustee's title accrued, the debt which had already ... from two cases in which the respective claimants were the trustee in a foreign bankruptcy--French in the one case and Scottish in the other
trustee de son tort, and his position did not improve by describing him to be a trustee de facto. As a trustee de son tort ... private trusts. A trustee is either a lawful trustee in which case the title to the property concerned would vest
Courts here on the strength of their status as trustees appointed by a foreign judgment, unless there is any reason to the contrary ... defendants were original, or afterwards assumed, trustees, or were or were not executors as well as trustees."
12. The facts of the present case
should be paid outside British India. It is true that the Sivankoil trustees received the hundi in British India but it was sent ... that place to the account of the trustees. On the face of it the hundi is a foreign bill payable outside British India
before the District Judge that the plaintiff is not the de jure trustee. That the plaintiff is the de facto muttawalli in the sense that ... implies that the concept of a de facto trustee or trustee de son tort is not foreign to Muhammadan Law, and that such a trustee
power to grant the
relief asked for. This decision in Official Trustee [Official
Trustee v. Sachindra Nath Chatterjee ... Official Trustee [Official
Trustee v. Sachindra Nath Chatterjee , (1969) 3 SCR 92 :
AIR 1969 SC 823] preceded Anisminic [Anisminic Ltd. v.
Foreign Compensation Commission
maintained that, as at prefent, in several temples the trustees allow non-Hindus such as foreigners to go round the Vimanam every day without
think it will be affected by the title of the trustee in a foreign bankruptcy.... I think in each case the question will be whether ... bankrupt could have assigned to the trustee, at the date when the trustee's title accrued, the debts or assets in question situated