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
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
implementing the objects described in
the Trust deed. Under the Trust deed three trustees were
appointed, including the settlor. It will be convenient at
this ... trust
deed.
Clause 3. The Trustees shall hold and stand
possessed of the Trust Fund upon Trust.
(a) To manage the Trust Fund
Second) Trust"-
hereinafter called 'the Family Trust'. Of both these
Trusts, Yeshwant Rao Ghorpade, Ruler of Sandur, is the
settlor ... inconsistent with the intent and
purposes of the Trust.
Simultaneously with the Charitable Trust, the Family Trust
was executed. Initially the settlement was to operate
trust by assessee-Beneficiaries of the
Trust are assessees and other persons-Trust and revocable
within six years-If the income of the Trust ... given by
the original deed of trust", and the trust was therefore not
a revocable trust as contemplated
various purposes of the trust--Such
direction whether makes trust revocable--Whether property of
trust indirectly re-transferred to the settlor--Income from
trust whether ... income were unmistakably impressed with the obligations
arising out of the trust. The settlor certainly obtained a
benefit from the trust consequent upon the satisfaction
various purposes of the trust--Such
direction whether makes trust revocable--Whether property of
trust indirectly re-transferred to the settlor--Income from
trust whether ... income were unmistakably impressed with the obligations
arising out of the trust. The settlor certainly obtained a
benefit from the trust consequent upon the satisfaction
agricultural income or assets to the settlor, disponer or transferor or in any way gives the settlor, disponer or transferor a right to reassume power ... this sub-section, include any disposition, trust, covenant, agreement or arrangement and the expression 'settlor or disponer' in relation to a settlement
Katra Educational Society vs State Of Uttar Pradesh & Ors on 17 January, 1966
Equivalent
Kishanchand Lunidasingh Bajaj vs Commissioner Of Income-Tax, Mysore on 10 February, 1966
Equivalent citations