being in the nature of a punishment imposed on a trustee or his being subjected to some disadvantage. Indeed, there is no reference therein ... a case, where the institution is under the administration and management of a hereditary trustee. No doubt, the power under
deed to introduce a stranger into a trusteeship and deal with the trust property, in spite of that if trustees introduce a stranger into ... a partnership make the partnership itself not genuine. Thus, in the case of a guardian representing a minor, a managing director representing a company
a) A, a trustee, is simply authorized to sell certain land by public auction. He cannot sell the land by private contract. (b) A, a ... consent that A may sell the land to C for a less sum. A may sell the land accordingly. (c) A, a trustee
Indian Trusts Act, 1882
49. Control of discretionary power.
- Where a discretionary power conferred on a trustee is not exercised reasonably and in good faith
a trust) no question arises of a Court under the Bombay Public Trusts Act exercising any power of appointment of a trustee under ... a trustee. It is only then independent of the instrument of trust or as a consequence of a removal of any trustee by Court
Trustee cannot delegate.
- A trustee cannot delegate his office or any of his duties either to a co-trustee or to a stranger, unless (a ... upon the trusts of As will. (b) A is a trustee of certain property with power to sell the same. A may employ an auctioneer
Indian Trusts Act, 1882
12. Trustee to inform himself of state of trust-property.
- A trustee is bound to acquaint himself, as soon as possible ... security. Illustrations (a) The trust-property is a debt outstanding on personal security. The instrument of trust gives the trustee no discretionary power to leave
Power to compound, etc.
- Two or more trustees acting together may, if and as they think fit, (a) accept any composition or any security ... more trustees acting together may be exercised by a sole acting trustee when by the instrument of trust, if any, a sole trustee is authorized
trust. Illustrations (a) A contracts with B to pay him monthly Rs. 100 for the benefit of C. B writes and signs a letter declaring ... a proper indemnity to allow C to sue on the contract in Bs name. (b) A is trustee of certain land, with a power
advantage of one at the expense of another. Where the trustee has a discretionary power, nothing in this section shall be deemed to authorize ... exercise reasonably and in good faith of such discretion. Illustration A , a trustee for B, C and D, is empowered to choose between several specified
