Return to Text Upendra Baxi.
Power to sell Where a trustee has the authority to sell the trust property, the section gives him a lot of discretion in the matter.The trust must be wholly and exclusively charitable.As observed by Lord nottingham.C.:The law never implies, the court never presumes a trust, but in case of absolute necessity.Nergesh Mirza, (1981) 4 SCC 335.He reserves for himself the power of revoking the trust.In making its choice of a new trustee, the court should have regard to (a) the wishes of the author of the trust as they appear from the instrument of trust; (b) the wishes of the person who was empowered to appoint a new trustee;.It will be a life without freedom to uphold the dignity of the individual in all respects." The court quashed the impugned provision as violative of Articles 14, 15 and.This was based on an approach, it is submitted erroneous, that Article 21 provides for a right only against electric escorter unusual state, and not against individual.If nothing remains due to the beneficiary under the trust the trustee is entitled to have an acknowledgment in writing to that effect.Trust and Agency under the Trust laws.In Neera Mathur 32, LIC's roving collection of information about its women employees' unnecessary personal details were found to be invasion of right to privacy.All this will not by itself involve him into any liability toward the beneficiary.The same section adds that the subject-matter must not be merely a beneficial interest under a subsisting trust.For the court observed, "It is in protection of the right to livelihood, that the immediate female relatives of the last male tenant have the constitutional remedy to stay on holding the land so long as they remain dependant upon it for earning their livelihood.Certainty as to trust property also includes the certainty as to the benefits which have to be drawn by different beneficiaries.State of Maharashtra, (1983) 2 SCC.B agrees.The role of constitutions in ensuring gender justice is being recognised in modern times.Return to Text Gaurav Jain.
He may signify his acceptance by words, written or spoken, or by conduct.
No bailee can claim as against his bailor that the property under bailment belongs to him.