power to alter or modify the budget
relating to a religious trust or the power to give
directions to a trustee may be exercised ... a suit to obtain a decree-(a) to remove any trustee, (b)
appointing a new trustee, (c) vesting any property in a
trustee, (d) directing
such trust; (s) to permit a trustee to retire from his office and, in case the trustee has power to appoint his successor, to permit ... empowered by sub-section (1) to recover from a religious trust or a trustee. 37. Power of Board to borrow money.
(1) The Board
trustees whereas to religious institutions only members of a particular denomination could be appointed as non-hereditary trustees. The petitioners, therefore, prayed for a declaration ... Court to settle a scheme, to remove trustees, to appoint new trustees, to decide on vesting of property in a trustee, etc., for the proper
A]
2.01. A discretionary trust is described as a trust where
the trustees have been vested with a discretion in the
matter of distribution ... thus a discretionary trust. A discretionary
trust is described as a trust where the trustees have been
vested with a discretion in the matter
inquiries. Most of the High Courts held that the power to appoint a new trustee necessarily involved the power to remove an old trustee ... former view, and inserted Clause (a) expressly giving power to remove a trustee, in addition to the power to appoint new trustees (now Clause
power to vest the existing property in
a governing body consisting of only some of them by a
resolution passed at a meeting of trustees ... office or-
any of his duties either to a co-trustee or to
a stranger, unless (a) the instrument of trust
so provides
trustees of a trust in which, under the deed of trust, the settlor has given to the trustees a power to carry on business. Under ... representative assesses' means ...
(iv) In respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether
This was a case where a lease granted by a power-of-attorney holder of a trustee was challenged. The Judicial Committee of the Privy ... a lease is not a matter which granting of a lease is not a matter which can be delegated by a trustee to nay other
Charity Commissioner possesses a power to direct sale of property belonging to a Public Trust. He submitted that the power under Clause (c) is very ... only imposes fetters on the powers of the Trustees. Therefore the Charity Commissioner cannot compel the trustees of a public trust to sell or transfer
would only be taken after a proper
inquiry. Further, r. 68 provides that the power of removal
of a trustee will lie vested ... a suit
as provided in s. 10(a) . But there is nothing in r. 67
which gives power to the Government to remove a trustee
