contains a non-
obstante clause in terms whereof a public trust shall not be void only on the
ground that the persons or objects ... constituted for a
charitable or religious purpose, such trust shall not
be deemed to be void only on the ground
(a) that the performance
disposition of land made otherwise than in
compliance with section 2 is void, the defendants
are not allowed to say so" was "an impossible ... land, though void
and unenforceable under section 2 , was held still
to be enforceable on the basis of a constructive
trust under section
Respondent No.2.
In absence of any trust, Mr. Prasad would argue, Section 58 of the
Indian Trusts Act would not apply particularly having regard ... whereunder Section 82 of the Trusts Act has been repealed and, thus, the
question of there being an implied trust between Respondent
representation,
undue influence without consideration without
delivery of possession, in breach of trust and
confidence reposed in defendants. Moreover,
the plaintiff had no necessity ... record are wrong,
illegal, void, baseless, contrary to factual
position without consideration, without delivery
of possession and in breach of trust and
confidences reposed
Unregistered deed of assignment having been followed by the
registered Debenture Trust Deed, the title to the lessee passed on to
the company ... Court's judgment cannot be
said to be a nullity or void, specially when the same was passed in
accordance with
trust of such land, and any alienation made, or partition effected, or trust created in contravention of this section shall be null and void :
Provided
trust of such land; and any alienation made, or partition effected, or trust created in contravention of this section shall be null and void :
Provided
Unregistered deed of assignment having been followed by the
registered Debenture Trust Deed, the title to the lessee passed on to
the company ... Court's judgment cannot be
said to be a nullity or void, specially when the same was passed in
accordance with
been granted to premises belonging to the
Bombay Port Trust. The consequence of giving
overriding effect to the provisions of the Public
Premises ... Shakuat
Ali and 1957 (59) PLR 621 : Satish Chander vs. Delhi Improvement
Trust . 1950 Act was repealed by the Public Premises (Eviction of
Unauthorised Occupants
provision concerned on which
such judgment is based as ultra vires and void.
In either case the very foundation and legal
substitution of such judgment ... obviously lack efficacy and consequential force
of res judicata."
In Bakhtawar Trust and Others Vs. M.D. Narayan and Others
