Niyam v2 is live — start for just ₹100 — 200 credits to try

august 1962

Supreme Court of India · 1962-08-17

SHEIKH ABDUL KAYUM vs MULLA ALIBHAI

Citation / case number
SC 1960/94
Court
Supreme Court of India
Petitioner
SHEIKH ABDUL KAYUM
Respondent
MULLA ALIBHAI
Bench
GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court held that the trustees of the Burhanpur Trust could not delegate their responsibilities or abdicate their roles by creating a new governing body, the Hakimia Society, without proper authority. The Court emphasized that trustees cannot renounce their duties except with court permission, consent of beneficiaries, or as permitted by the trust deed. The Court ruled that the ten members of the governing council were not validly appointed trustees and were liable to be removed from management, as the trust deed did not allow for such abdication or substitution of trustees.

SHEIKH ABDUL KAYUM vs MULLA ALIBHAI · Niyam