Supreme Court · 1979 INSC 165 · Decided 31 August 1979

Shanti Vijay & CO. ETC. v. Princess Fatima Fouzia & ORS. ETC.

Court
Supreme Court of India
Citation
1979 INSC 165 · [1980] 1 S.C.R. 459
Case number
CIVIL APPEAL No. 1105/1978
Decided
31 August 1979
Bench
S. MURTAZA FAZAL ALI, P.S. KAILASAM, A.P. SEN (3-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
CPC

Headnote

Indian Trusts Act 1882 (2 of 1882)--Ss. 47, 48 & 49-Trust-Deed of rtnut stipulating sale of trust property by trustees in their absolute discretion~ Absence of specific provision authorising execution to be carried out not by , 1(1[{, but by one or more or majority of trustees-Applicability of personally perfonn-Exer­ .cise of individual judRment and discretion-Necessity of. Discretionary power not exercised reasonably and in good faith-lnter­ .jerence by court under s. 49-Validity of-Duty of trustees to act t-vith prudence B c '). ,.as a body of reasonable men. j . -~

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