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march 2007

Supreme Court of India · 2007-03-13

ASHOK KUMAR KAPUR AND ORS vs ASHOK KHANNA AND ORS.

Citation / case number
SC 2006/12033
Court
Supreme Court of India
Petitioner
ASHOK KUMAR KAPUR AND ORS
Respondent
ASHOK KHANNA AND ORS.
Author
S.B. SINHA
Bench
S.B. SINHA

Judgment text excerpt

The Supreme Court interpreted Section 34 of the Indian Trusts Act, 1882, in the context of the Dunlop Executive Staff Pension Fund, affirming the Calcutta High Court's decision. The Court held that the trust created for the pension fund was irrevocable and that the company had no claim over the funds once they were entrusted to the trustees. The ruling clarified the rights of members regarding pension eligibility and the discretion of the company in granting pensions, emphasizing the binding nature of the trust deed's provisions.

ASHOK KUMAR KAPUR AND ORS vs ASHOK KHANNA AND ORS. · Niyam