Trust Act, 1882

 

Trust Act, 1882

 

Sections—20,
20B, 20F

The
Trust Act has provided for certain restrictions on the investment of trust
money. The Societies Registration Act contains no limitation on investment to
be made by a society. A society cannot be construed as a trust, and the
provisions of the Trust Act have no manner of application in the functioning of
a society. Therefore, the embargo in the Trust Act has no manner of application
in the case of any society registered under the Societies Registration Act.
(Per Mahmudul Amin Chowdhury, CJ)

BRAC v.
Professor Mozaffar Ahmed and others, 22 BLD (AD) 41.

 

Section—74

It
provides that whenever any vacancy or disqualification in respect of a trustee
occurs and it is found impracticable to appoint a new trustee under section 73
of the Trusts Act, the beneficiary may apply to the .principal Civil Court of
original jurisdiction for the appointment of a trustee or a new trustee.

The
scope of section 74 of the Trusts Act is limited only to cases where the trust
is an undisputed and executable one. In the instant case, the creation,
existence, validity and executability of the trust itself is being disputed,
the trial court was correct in holding that if the Miscellaneous Case under
section 74 of the Trusts Act is proceeded with, conflicting decisions may arise
leading to serious complications. The Miscellaneous case was rightly stayed
till the disposal of the Partition Suit.

Khalid
Hamidul Huq Vs. Mrs. Nafisa Chowdhury and others, 15 BLD (AD) 79.

 

Section—94

If
the property is not found abandoned under the law, the possession of the
Government is that of a trustee and transfer by the Government will be in
violation of section 94 of the Trust Act.

The
Chairman, Sena Petitioner Vs. Haji Sufi Fazal Ahmed, 17 BLD (HCD) 584.

Ref:
40 DLR(AD)122; 46 DLR(AD)192— Cited.

 

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