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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