provisions of the Bombay Public Trusts Act and the general principles of law relating to trusts. The settlor could not legally direct to give ... power to retransfer the trust properties or to reassume the trust properties for the settlor himself personally. Clause 12(e) relates to framing of schemes
settlor, the first respondent filed a suit and
prayed : (i) that the power reserved to the settlor in the
original trust deed for altering ... trust property' and not
on any other matter arising under the trust deed. The
relief prayed for by the settlor did not relate
that the Trust Act
applied only to private trusts and not to public trusts. And
that after the death of the settlor, the trust ... question whether any
rectification of the Trust Deed which changed character of
the private trust into public charitable trust could be
relied upon before
said trust, because only the
trustee could be taxed; that the U.K. trusts were also
discretionary trusts and not specific trusts as held ... clause (4). If so, the U.K. trusts/settlements are
also discretionary trusts and not specific trusts as held by
the Settlement Commission. In such
charitable and religious trust represented by the trustees of Sreeram Surajmull Charity Trust. This charitable and religious trust is proved by a deed dated October ... power to retransier the trust properties or to reassume the trust properties for the settlor himself personally. Clause 12(e) relates to framing of schemes
trust
and created a trust known as "Jayantilal Amratlal Charitable
Trust" to carry out the following various objects set out in
the Trust ... Trust Deed was registered with the Charity Commissioner
under the Bombay Public Trust Act, 1950 . The Department
accepted this trust as a valid charitable trust
trustees of the trust fund.
4. Even the beneficiaries to the trust fund were not specified by the settlor.
5. The ultimate vesting ... gift-tax proceedings against the settlor. The settlor contended that there was no gift on the date when the trust deed was executed
Tribunal that the trust is a public trust for be utilised for charities which according to the trust would include "donations to erect funds ... this trust cannot function for any reason whatsoever the trust shall be dissolved and the trust property respectively be returned to the settlors and future
said settlor and/or his wife, Sm. Umasashi Dassi, during the natural life of the settlor and of the said Umasashi Dassi upon trust ... mean that the settlor qua settlor could reassume power over any part of the assets or income of the said trust which he had prior
separate trusts and not one trust as held by the Tribunal. If our construction of the trust deed is correct, the trust of Dr. Kohiyar ... where the trust is a single consolidated trust. Under the second proviso a trust is a settlement or disposition and "settlor or disponer
