against renunciation of the trust by a trustee and against
delegation of his functions by a trustee are embodied, in
respect of trusts to which ... special power in the instrument of trust.
47. A trustee cannot delegate his office
or any of his duties either to a co-trustee
Banwari Lal Charitable Trust Regd vs M/S. Asia Feature (India) Pvt. Ltd on 4
that duties of poojari
cannot be performed by delegation or by outsourcing. The personal
qualification prescribed for the poojari-cum-trustee should be the eldest
that duties of poojari
cannot be performed by delegation or by outsourcing. The personal
qualification prescribed for the poojari-cum-trustee should be the eldest
judge is to
be 'aided' by five delegates. This does not and cannot oust the
discretion of the Court under Order XVIII Rule ... that the presence of delegates is vital. Ms.
Nanavati, appearing for the intervenor, the trustees of the Parsi
Panchayet Funds and Properties, cited the Supreme
judge is to
be 'aided' by five delegates. This does not and cannot oust the
discretion of the Court under Order XVIII Rule ... that the presence of delegates is vital. Ms.
Nanavati, appearing for the intervenor, the trustees of the Parsi
Panchayet Funds and Properties, cited the Supreme
therein that as regards the temple property,
Urallens are nothing but mere trustees. In page No.230, the
question whether the Shebaiti right is alienable ... Shebait cannot be
RFA.515/2013 & connected cases
: 29 :
detached from the duties, such a transfer of Shebaitship
would mean delegation of the duties
para 19 hereinabove, that whether PNGRB is entitled to delegate a power
which it has been empowered to exercise only by Regulations, to others ... cannot be delegated by the PNGRB. We have
already held hereinabove that laying down of transportation tariff and the
manner of determining such tariff cannot
4309/2013 Page 11 of 39
36. Rule 6 (j)(v) cannot be sustained as it has no nexus
with the object, purpose and scope ... negates the effect of the
said Section of the Act. A delegated Authority cannot exercise power
so delegated to nullify/negate/make redundant
objects nor incidental to the objects, vests power in the
trustees authorizing them to carry on activities for profit. It
is clear that its activities ... objects.
Subsequently, through an amendment to the trust deed by
delegating extraordinary power to trustees and also making
more explicit intention to venture into such
