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march 1962

Supreme Court of India · 1962-03-27

GWVALIER I. J. IYYAPPAN & ANOTHER vs THE DHARMODAYAM COMPANY

Citation / case number
SC 1960/128
Court
Supreme Court of India
Petitioner
GWVALIER I. J. IYYAPPAN & ANOTHER
Respondent
THE DHARMODAYAM COMPANY
Bench
KAPUR, J.L.

Judgment text excerpt

The Supreme Court held that a Director of a company acts as a trustee and is in a fiduciary position, thus cannot create a trust over company assets without proper authority. The Court ruled that the appellant's unilateral act of creating a trust deed for land owned by the company was invalid, as a trust cannot be established on property belonging to another. The Court emphasized that the appellant's claim to the building was not tenable since he could not create a lease in his favor without the company's consent, leading to the dismissal of his appeal.

GWVALIER I. J. IYYAPPAN & ANOTHER vs THE DHARMODAYAM COMPANY · Niyam