trust and income received from the said trust was taxed in the hands of the assessee-trust; there was no trust within a trust ... Indian Trusts Act, the trustees are required to utilise the trust property as directed in the trust deed. Section 11 of the Trusts Act authorises
justification that a trust which has been treated as a revocable trust cannot be, at the same breath, called a void trust because a void ... indirect benefit from the trust income, as per aforesaid provision of the trust deed. Hence, I include the trust income in the hands
Each trustees upon trust, Rai Chand Bural was the absolute owner of the premises. The deed of trust was declared void and inoperative ... title of the trust) until 26th February 1947 (when the certified copy of the decree declaring the trust void was sent to the purchasers
trustees is a public charitable trust, the income of the said trust was entirely exempt. The said trust had claimed that it had received ... that the gift by the private trust in favour of the public trust was void as the private trust had no power to make
again relied upon the irrevocable trust. On behalf of the Department it was con-tended that the trust was void, because the beneficiary ... pension, no legal and effective trust was created and the so-called trust must be held to be void.
18. If the trust be held
Section 6 of the Indian Trusts Act, 1882 assailed the said deed of trust as invalid and void mainly on three-fold grounds ... trust deed, and so Clause (b) of Section 78 of the Trusts Act which deals with "revocation of trust" otherwise created
said shares to the said Birla Jankalyan Trust by the said private trust was not void but was at best voidable and that the income ... said shares by the said private trust to Birla Jankalyan Trust was valid or void or voidable and (ii) whether the income in respect
with the deed of trust.
c) In terms of Clause 23 of the deed of trust, the trust is
irrevocable. Trust properties are partly tenanted ... valid
constitution of the trust as the same is hit by the rule against perpetuity making the
trust void. Then it is pleaded that
property. So far as the trust property is concerned, it is their case that the deed of trust is void in that the disposition made ... Ghosh, learned Counsels for the plaintiffs argued that this deed of trust is void, as this runs against the known law of succession, in that
again relied upon the irrevocable trust. On behalf of the Department it was contended that the trust was void, because the beneficiary had not been ... pension, no legal and effective trust was created and the so-called trust must be held to be void.
If the trust be held
