Act/Law wise: Judgment of Supreme Court of Bangladesh

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Trust Act [II of 1882]
Section/Order/Article/Rule/Regulation Head Note
Section 20B

Charitable society can invest its unspent money for getting more money to be spent in charity and when there is absolutely no bar under the Societies Registration Act and when the Memorandum of Association of a society has authorised the same to invest their money not imme­diately required the same may be invested. BRAC vs Professor Mozaffar Ahmed 54 DLR (AD) 36. ....View Full Judgment

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. ....View Full Judgment

Sections 73 & 74

Sections 73 and 74 are not intended to apply to a contentious case, where proceeding by way of suit is appropriate, but cases appropriate to a summary procedure where the facts are not disputed or cannot reasonably be disputed. Khalid Hamidul Huq vs Nafisa Chowdhury and others 47 DLR (AD) 104. ....View Full Judgment

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. ....View Full Judgment

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. ....View Full Judgment