OFFICIAL TRUSTEE, WEST BENGAL & ORS. vs SACHINDRA NATH CHATTERJEE & ANR

The Supreme Court held that the stipulation in the trust deed allowing the settlor to vary the quantum of interest only by will is a binding condition under Section 34 of the Indian Trusts Act, 1882. The Court ruled that the settlor had no power to execute a second trust deed that contradicted this condition, thus rendering the second deed invalid. The Court also addressed the jurisdiction of the High Court in granting the order on the originating summons, affirming that it was within its powers under the relevant statutes.