Removal of Trustees - The Trust Deed permits the appointment of life trustees and allows for amendments, which were approved by the Government. The appointment of a respondent as a trustee was found to be in accordance with the Trust Deed, and the execution of the supplement trust deed was valid. INDIRA GANDHI NATIONAL CENTRE FOR ARTS EMPLOYEES UNION VS UNION OF INDIA - Delhi
Trustee Suspension & Legal Challenges - Under the Hindu Religious and Charitable Endowments Act, 1959, suspension of hereditary trustees can be challenged, especially if due process isn't followed. The suspension can result in liability for trustees' actions, such as sale of trust property, and the petitioner failed to recover the property due to procedural issues. C. Andiappan VS Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Board - Madras
Execution of Supplement Trust Deed & Covenants - The removal of restrictive covenants was distinguished from the execution of sale agreements. An order for removal can be executed if not complied with, with expenses charged to the defendant. The trustees' authority in such matters depends on proper documentation and adherence to directives. Bomi Munchershaw Mistry VS Kesharwani Co-operative Housing Society Ltd. and others - Bombay
Jurisdiction & Trustee Authority - Disciplinary proceedings against trust employees require proper delegation of authority from the Trustees, with prior approval from the Central Government. The court emphasized that trustees hold the necessary jurisdiction to make bye-laws for the trust’s execution. Deo Narayan Singh VS Board of Trustees, Indian Museum - Calcutta
Trustee Rights & Public Trusts - Challenges to trust orders, such as the deletion from voters' lists, highlight that trusts are recognized as public entities with rights to claim benefits. Proper registration and adherence to legal procedures are essential for maintaining trust rights. Shripad Srivallabh Devasthan Trust, A Public Trust constituted under The Indian Trust Act, 1882 VS State Of Goa, Through the Chief Secretary - Bombay
Disputes & Arbitration - Internal disputes within a trust, including among trustees and beneficiaries, are not arbitrable, reaffirming that such issues are to be decided by courts, not arbitration. Dharamvir Khosla VS Asian Hotels (north) Ltd. - Delhi
Will Execution & Suspicious Circumstances - When proving a will, all attesting witnesses must be examined to establish proper execution, especially if suspicious circumstances exist. No rigid rules exist; evidence must be evaluated holistically. M. Vijayalakshmi VS Sadhu A. N. Sircar Foundation, Rep. by its Board of Trustees E. Nandakumar - Madras
Trusteeship & Sale of Trust Land - Trustees, including directors, are recognized as trustees of trust assets. Active participation in negotiations and execution of sale deeds confirms their trustee status, emphasizing the fiduciary duties involved. V. J. Vettom VS The Kuttanad Rubber Co - Kerala
Married Women & Trust Property - Under the Married Women’s Property Act, trustees can be appointed to manage benefits under insurance policies for wives and children, reducing the husband's liability and ensuring proper management of trust property. P. Balamba VS K. Krishnayya And 3 Ors. - Madras
Analysis and Conclusion:
The removal or execution of supplement trust deeds involves strict adherence to the trust deed provisions, legal procedures, and proper delegation of authority. Trustees' appointments and amendments are valid when in accordance with the trust documentation and approved by relevant authorities. Disputes over trust management, including suspension or removal of trustees, are primarily decided by courts, emphasizing the importance of procedural correctness. Internal trust disputes are generally non-arbitrable, and trustees must act within their fiduciary duties, especially concerning trust property and legal obligations.
The Trust Deed allowed for the appointment of life trustees and the amendment of the deed was approved by the Government. ... Ratio Decidendi: The Trust Deed allowed for the appointment of life trustees and the amendment of the deed was approved by ... The court also found that the appointment of respondent No. 3 as a member of the trust was in accordance with the Trust Deed and ... Respondent No....
Hindu Religious and Charitable Endowments Act, 1959, Section 53(2)-The present appeal was to challenge the suspension of hereditary trustees ... Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 53(2)-The Suspension of hereditary trustees held due to which ... the son of trustee was also held liable for sold property by his father long back and petitioner failed to recover the trust property ... Therefore, it is clear that the suspension contemplated in sub- section (2) of Section 53, placed along w....
A-132 to Zaveri's Solicitors informing them that the issue of removal of restrictive covenants had nothing to do with the execution of an agreement to sell. ... This removal be effected in six weeks as from this day. In the event of the above directive not being complied with, plaintiff will be entitled to get an order for such removal in execution and the expense therefor shall be saddled upon defendant 1. ... This brings me to the contention of defendant 1 that even if the trustees b....
the Director lacked jurisdiction to initiate disciplinary proceedings against the employees without delegation of power from the Trustees ... The Court held that the Director lacked jurisdiction to initiate disciplinary proceedings without delegation of power from the Trustees ... The Trustees, with the previous sanction of the Central Government make by notification in the Official Gazette, bye laws consistent with the Act and the Rules made thereunder, for any purpose, necessary for the execution of their Tru....
Chairperson and Trustees in terms of Clause 30 of the Deed - Petitioner challenges an order passed by the Assistant Registrar of ... - Petitioner is a public Trust constituted under Deed of Trust registered with Sub Registrar of Sulcate - It is represented by its ... prior to deletion of the name of the Trust form the voters list - Trust has now been deprived of its very rights to claim as a shareholder ... The Petitioner is a public Trust constitute....
Fact of the Case: The petitioner, a member of a trustee family, sought relief against his suspension from the position ... execution of the lease deed but was to submit fresh proposals if necessary. ... O. letter dated 28 51962 (R. 15) addressed to the petitioner the 1st respondent stayed the execution of the lease deed until further orders. ... connived with trespass on Devaswom lands and colluded with the illicit removal and sale of timber causing loss to the tune of lakhs to the D....
(2016) 4 SCC (Civ) 303 ] that disputes within the trust, trustees and beneficiaries are not capable of being decided by the arbitrator despite existence of arbitration agreement to that effect between the parties.
It was held that where the attesting witness examined to prove the will under Section 68 of the 1872 Act fails to prove the due execution of the will, then the other available attesting witness has to be called to supplement his evidence to make it complete in all respects." ... The necessity of removal of the suspicious circumstances attendant on the execution of the will, however, was underlined as well. That no hard-and-fast or inflexible rule can be laid down for the appreciation of the evidence to this effect was ac....
B-1 is accepted, it has to be found that P.W. 2 know at all relevant times about the proposal to sell 53 acres of land and that he had taken active part in the negotiations and the ultimate execution of the sale deed. ... ... On occasion Directors have been said to be trustees and on occasion not to be trustees. ... D. 450) was noted with approval: ... "Again, Directors are called trustees. They are no doubt trustees of assets which have come into their hands, or which are under their....
MARRIED WOMEN'S PROPERTY ACT (III OF 1874) - S. 6 - HINDU MARRIED MALE - INSURANCE POLICY FOR BENEFIT OF WIFE AND CHILDREN - TRUST ... In introducing the Bill (see extra supplement of 2nd August 1873 of the Gazette of India) Mr. ... Vanteddu Ammiraju (1912) I.L.R. 35 Mad. 162, the contract was to pay to the trustees who might be appointed under the Married Womens Property Act and failing trustees to the beneficiaries. ... Section 9 was intended to get rid of the husbands liability and was consequential on the r....
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