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.