Trusts Act, 1882

 

Trusts Act,
1882

 

Section-74

Mr. Hamidul
Huq Chowdhuiy created a Trust by a regd, deed. He had one son & 6
daughters. His son applied for appointment of Trustee of the Trust. His
daughters mainly of whom opposed it and filed a suit challenging the Trust, and
for partition.

The scope of
section 74 of the Trust Act is limited only to cases and executable one.
Creation, validity, existence and executality of the Trust being disputed, the
trial court correctly held that if the miscellaneous case u/s 74 of this Trust
Act be proceeded with, conflicting decisions might be given which might have
led serious complication. Stay of misc. case stayed till disposal of title suit
granted. [Para-9]

Hamidul Huq
Vs Nafisa Chowdhury & Ors. 3 BLT (AD)-123.

 

Section-74

An alien
friend—Section 83 of C.P.C. citizen of India being alien friends can sue in the
court of Bangladesh and there will be no bar under Section 83 of the Code of
Civil Procedure for filing the miscellaneous case for appointment of New
Trustees. [Para-2]

Nakul
Chandra Saha Vs. Golok Chandra Roy & Ors. 6 BLT (AD)-156.

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