null and void.
(v) Declare that the Ext.P1 trust deed is void ab initio.
(vi) Declare that the approval ... year 2023, contending that the
amendment effected to the trust deed is void. By Ext.R5(c)
decision taken in the meeting held
appellate court also held that the creation of the first
defendant trust is void ab initio and directed the defendants in
the suit to deliver ... that the creation of the first defendant trust
is void ab initio. As such, the first defendant trust cannot be
granted permission to reconstruct
further,
the first respondent is not a public trust.
3. The first respondent, public trust, was represented by
its managing trustee, the second respondent ... owned by the
public trust have to be declared as not binding on the trust
treating them as ab initio void. A declaratory decree
Section 7 of the Indian Trusts Act the formation of the trust in Ext, Al is void and it will not bind on the plaintiff ... view of Section 7(b) of the Indian Trusts Act that no trust can be created on behalf of the minor without obtaining the permission
trust deed was made out and registered on August A, 1971. Sections of the Trusts Act lays down :
" A trust is an obligation annexed ... opposed to public policy."
12. For a trust to be unlawful and, therefore, void, it has to be shown that the deed is vitiated
maintainable. In
support of this contention, learned counsel for the
Cochin Port Trust placed reliance on the Apex Court
judgment in Forward Construction ... mandamus or any other
appropriate writ order or direction commanding
the Port Trust to retender the land in question
by inviting fresh tenderers desirably
Temple and its
properties have acquired the status of a public charitable
trust. It seems that disputes have arisen among the
members of the Society ... status of a public charitable trust. If it is not
found that it is not a public charitable trust to be governed by
the provisions
scale of rates in the port trust regulations framed
under the Madras Port Trust Act is void and ultra vires. The Supreme
Court held that
beneficiaries of
the trust, the 1st respondent in the O.P., and imputing
mismanagement, malpractices and misappropriation of the
trust funds by the respondents ... subsequent deeds so created are null and void, preparation of
a scheme for the trust, appointment of new trustee,
prohibitory orders against respondents
worst by the office bearers of the
Trust. The affairs of the Trust is to be done pursuant to decision
of its working committee ... guilty of act of fraud and
defalcation of trust funds impugned sale deed is null and void and
non-est. In the remaining paragraphs
