filed by all the trustees and power of one trustee
cannot be delegated to other trustees. Mr. Anindra Kumar Mitra,
learned senior Advocate appearing ... contract consents to the delegation.
Power to file a suit by a trust cannot be delegated by the
trustees to a stranger to the trust
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 ... stipulate
that unless and until the instrument of trust provides a trustee
cannot delegate his duties to a co-trustee or to a stranger
affixed an d
even no prayer was made for authorizing the trustees to sell the
property because the trust deed was not authorized them ... trustees had no authority to sell the property through the
power of attorney holder as the trustees cannot delegate their powers.
xiii. The trustees were
necessitate joining of all the trustees as appellants in
the appeal whereas the appeal is preferred only by one
trustee of another trust which ... cannot be delegated
and therefore, appeal cannot be brought by the Trust by
authorised person, but has to be filed by all the
trustees
until and unless the Trustees delegate the said power to the
16
Director, in my considered opinion, the Director cannot, on his own accord, initiate ... delegation by the Trustees. The Director derives the power from the Trustees, upon
delegation. The irregular act can be regularized the moment the Trustees delegate
Indian Trust Act,
1882, the trust property cannot be subjected to a lease beyond 21 years
onwards years except with the leave of the Court ... Property
cannot be delegated by executing a power of attorney.
Admittedly, the suit property is a trust property and there are
four trustees
issuing the show-cause notice can be delegated. Moreover, when a
person is entitled to delegate, such a person is also entitled to ratify ... primary delegate. Ministerial acts can be delegated.
Issuance of a show-cause notice is a ministerial act which is capable
of being delegated. The Identification
Cargo",
because of detention certificates issued by him or his
delegates, will not be acting within the powers
conferred upon him under ... Customs
Collector or his delegates to release the goods of
importers or consignees without collecting demurrage
charges from them cannot be enforced by courts either
para 8) held:-
"A Magistrate, therefore, cannot
in the course of investigation
record a confession except in the
manner laid down in Section ... subtle distinction between
delegation of legislative powers and
delegation of non-legislative/administrative
powers. As far as delegation of power to
legislate is concerned
M/S.Muhurtaam Event Management Pvt. ... vs Dr.T.K.S.Villalan on 18 December