maintainable. Granting of a lease is a matter which cannot be delegated by a trustee and, therefore, it must follow as a necessary corollary that ... lease cannot be delegated, equally other cannot be. Both the functions are effected with beneficiary's judgment. All the co-trustees are bound
delegated by a co
trustee to another cotrustee or to any
one else. The power and function to
determine equally the other cannot ... delegating these functions
to his cotrustee or to any other
person.
8. It is therefore clear that one co
trustee cannot give notice
Board of Trustees and only that authority is competent
to exercise the powers of termination. The service conditions of the
plaintiff cannot be changed ... which are beyond
the scope and realm of contract.
20. There cannot be delegation of powers which can operate
retrospectively. If a question is posed
pointed out that the office of trustee as we have in this case is inalienable and cannot be delegated, and any notion of their alienability ... existing trustee or trustees is in effect nothing less than the transfer of the trusteeship, and a power to appoint new trustees cannot exist unless
trustees, Thus, in my view, the said submission of the appellant that if trustees are not made parties, the suit is not maintainable; cannot ... function to determine the lease is a matter which cannot be delegated by co-trustee to another co-trustee and, therefore, in such a situation
sale, as in the exercise of other powers, a trustee cannot, therefore, properly delegate the performance of the acts which he ought personally perform. Although ... trustee in special circumstances may delegate his duties, Such delegation is only permissible where (a) the instrument of trust so provides (b) the delegation
Ecl Finance Limited vs Abhinav Mukherji & Ors on 12 July, 2022
National Company Law
state that the trustee cannot renounce his office that
requires him to discharge his duties and functions and he cannot delegate
the same ... delegation; (5) where the delegation
to a co-trustee is in the regular course of the business; (6) where the co-
trustee merely gives effect
Province Of Bengal vs Commissioner For The Port Of Calcutta ... on 6 September, 1950
Equivalent
Trustees for the administration of the
fund vested in it and unless and until the fund is vested, the Central Board of
Trustees cannot assume ... order without following the procedure of law, the Central Board
of Trustees cannot be without any remedy. This argument was not accepted by
the learned
