thus :
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6
"Trustee cannot delegate - A trustee cannot delegate
his office or any of his duties
trustee arises, for
some reason, the surviving, or continuing trustees are entitled to appoint trustees, in respect of
such vacancies. Additional trustees can also ... Board of trustees. The Trust
Deed nowhere contains any enabling clause or stipulation, by which the Managing Trustee, or
any Trustees can delegate their functions
power as trustee, namely Mr. H.C. Sharma,
defendant herein. Section 47 of the Indian Trusts Act
provides that a trustee cannot delegate. Generally
speaking ... maxim
delegates non protest delegare, i.e. a delegate cannot
delegate further. Lala Ralya could not delegate his
power as a trustee to anyone, much
trustee cannot delegate his office or any official function except in specified cases
and that the law does not permit delegation by a trustee ... held that trustees cannot
transfer their duties, functions and powers to some other body of men. A person
who is appointed as trustee
emphasis on recital No. 6 of the agreement dated 6.1.1966 between the trustees of
Sir Dorabji Tata Trust and Government of India ... agreement all subsequent acquisitions shall vests in the
holding trustees and clause 5 provides that the Centre shall be under the direct
management and control
been vetted by the legal Adviser.
4. Sanction of the Trustees is requested to delegate full powers to the
Chairman to determine the said leases ... suffers
from the vice of Delegatus Non-Potest Delegare (delegated power cannot be
redelegated).
14. Learned Counsel refers to the Judgment passed in
the case
that the plaintiff sangham could be declared as a hereditary trustee on the delegation of management done by the parties ... also an ancient temple to which the founder of the temple cannot be located. Whether the persons described as parties
company. Reference may be made to the case of Board of Trustees for the
Visakhapatnam Port Trust Vs. State of Andhra Pradesh ... functions for running the scheme. It has not, in any way, been delegated with the
sovereign powers of State so as to hold
proceedings in the suit, in O.S.No.417 of 1982, cannot go on.
9. In the additional written statement filed on behalf ... Trustees to administer the temple and its properties. The Commissioner of the Tamil Nadu Hindu Religious and Charitable Endowments Department must pass suitable orders, delegating
dated March 27, 1979 adopted
in the meeting of the Board of Trustees of the Kolkata Port Trust
that the Land Manager being the head ... behalf but that provisions cannot curtail the power of the Board
for delegation of the powers and duties conferred or imposed upon
the board under
