denial of exemption merely on account of extraordinary powers of
Managing Trustees to appoint or remove other trustees. The
relevant part of which is reproduced ... powers of the Managing
Trustees to appoint remove or nominate other trustee.
5.1 Doubt has been expressed whether
extraordinary powers to the Managing Trustees
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
trustees. The said reply claims that majority of the trustees have the power to remove the trustee and the resolution ... removal of the plaintiff as a trustee. Even assuming the majority of the trustees have the power to remove a trustee, who according to them
Scheme Court to order removal of trustee. It cannot be stated that if a
trustee has to be removed relating to a trust, which ... Code. When the scheme Court has power to
appoint a trustee, equally, the Court has power to remove the trustee. A
trustee who is found
Scheme Court to order removal of trustee. It cannot be stated that if a
trustee has to be removed relating to a trust, which ... Code. When the scheme Court has power to
appoint a trustee, equally, the Court has power to remove the trustee. A
trustee who is found
cases were a convicted person, fraudster or criminal try to be a
trustee of a public trust which is untenable and unfathomable.
33. I submit ... public trust. And under
Section 92 , Court has powers to remove trustees. Hence, the Court can remove
a trustee of a public trust, whey they
trust and endowment were created or intended: Provided that in exercising its powers under this Act, in respect of any trust or endowment, the Board ... trustee or administrator and to arrange for auditing of accounts of the trust or endowment; (vi) to appoint and remove the trustees and administrators
M/S Emaar Mgf Land Limited vs Aftab Singh on 10 December, 2018
Equivalent citations
Shernaz Faroukh Lawyer & Anr vs Manek Dara Sukhadwalla & Ors on 21 December, 2018
powers under sub-section (1)
the court shall, besides other powers, have power to
make an order for -
(a) removing any trustee;
(b) appointing ... joined as Administrator or ipso-facto Trustee, the
order could not have been passed to remove them as Trustees. It
is submitted that once Form