designata shall be entitled to remove the trustees or that the Court shall be entitled to remove the trustees on sufficient cause shown. It would ... jurisdiction to obtain a decree removing any trustee or appointing a new trustee. The function of appointing and removing trustees is thus a judicial function
minimum number of trustees. It provides for a removal of a trustee. It also provides for disqualifications of a trustee. It also lays down ... power to remove a member of the Committee on good cause shown is clearly a judicial power. The function of appointing and removing trustees
attracted and Joint Charity
Commissioner had no power to frame the Scheme for removal of
the trustees.
2.5. The application before the Joint Charity Commissioner ... preliminary issue as to
whether the Joint Charity Commissioner had power to remove
the trustee by modifying the Scheme and that too by bypassing
succession
is also getting recognized coupled with the source of
power of removal of trustee and in the background of
this peculiarity, there ... trustees.
7.2. It has further been contended that Section 50
powers and the procedure reflecting an independent as
well as additional power of removal
Board of Trustees for removal of a trustee. Clause (21) of the
trust deed provides for the eventualities under which a trustee
would be required ... provision enabling a majority of the trustees to
remove an existing trustee, there is no power vested in the Board of
Trustees to remove
Board of Trustees for removal of a trustee. Clause (21) of the
trust deed provides for the eventualities under which a trustee
would be required ... provision enabling a majority of the trustees to
remove an existing trustee, there is no power vested in the Board of
Trustees to remove
prepared a scheme for the above trust on 7.8.1963. One of the trustees namely Sulechna Kanaiyalal Desai had made an application under ... remove the original trustees who were to be trustees for life according to the original trust deed;
(3) The Charity Commissioner has no power
Chairman of the trust and therefore the concerned
trustees have no power to remove the elected Chairman.
Learned counsel has also referred the relevant clause ... Charity
Commissioner. Therefore, in the meantime, petitioners
have no powers to remove the elected Chairman/Trustee
of the trust. It is also submitted that
Chairman of the trust and therefore the concerned
trustees have no power to remove the elected Chairman.
Learned counsel has also referred the relevant clause ... Charity
Commissioner. Therefore, in the meantime, petitioners
have no powers to remove the elected Chairman/Trustee
of the trust. It is also submitted that
powers of the Board and as per
the final scheme, powers of the Board are under
Clause-X, which reads as under:-
X POWERS ... from amongst Tyagis,
prescribing their qualifications, conditions of
service, powers and duties, including their dismissal,
removal, suspension, discharge and transfer.
(b) Appointment of staff
