Court : Chennai
Reported in : AIR1928Mad327; 108Ind.Cas.305; (1928)54MLJ479
..... therefore to what may be regarded as the general scope and purpose of the power of appointment in this case i must refuse to regard as applicable the technical rules relating to the exercise of power in the case of private rights and parties. ..... the document purports merely to effect an appointment in exercise of the power possessed or given there is nothing in the circumstances to indicate that it was anything but a bona fide exercise of the power. ..... for my part am disposed to base my judgment on the broader ground that in the case of public trust, power of appointment, unless there is something to the contrary in the instrument of a trust itself, should be regarded as a power to be exercised at or about the time when the appointment is to take effect having regard to the state of things then and that therefore any appointment so called previously made is in its very nature revocable. ..... it has been argued for the respondents that the power of appointment once exercised the appointment cannot be revoked, and for this purpose some decisions in english cases were cited and ..... examination, all the cases turned out to be cases merely of the exercise of the power of appointment in respect of private rights and benefactions. ..... very doubtful whether it is open to one trustee appointing a successor under the power of appointment to seek to lay further limitations on the exercise of the power. ..... the exercise of the power of appointment of a trustee cannot be regarded as a benefit to the donee .....
Tag this Judgment!Court : Chennai
Reported in : AIR1978Mad342
..... persons. i have no doubt that the use of the words 'in that behalf in no way restricts the power of the governor to appoint one or more persons either by name or by designation for a particular period or for an indefinite period, provided it specifies that they are appointed in exercise of the powers under article 188 and for the purpose of any and every member of the assembly or the council, as the case may be, to make ..... the first point, therefore, to be considered is that when the governor had chosen to appoint, in exercise of his powers under art, 188, some person before whom the members may make and subscribe their oath or affirmation, either he abdicates his power under the article or ceases to be obliged to permit every member to make and ..... having power to make the appointment shall have power to suspend or dismiss any person appointed in exercise of that power ..... . while making such appointment in exercise of the powers under article 188, the learned advocate general also concedes that the governor does not abdicate his function ..... 20-4-1978, published in the gazette extraordinary, on the same date, the governor of tamil nadu notified that as the office of the chairman, tamil nadu legislative council was vacant, in exercise of the powers conferred by clause (1) of article 184 of the constitution, he had appointed the second respondent who is a member of the legislative council to perform the duties of the chairman from the forenoon of 21st april 1978, until a chairman is chosen by the council .....
Tag this Judgment!Court : Chennai
Reported in : AIR1971Mad295
..... the commissioner, therefore, appointed, in exercise of his powers under section 45(1) an executive officer for the temples who would be common to them ..... is true that section 45 does not contemplate any notice or enquiry, but that does not mean that by exercising power under section 45 at will the commissioner can invade the hereditary trusteeship which is property as he has done ..... the power under section 45 to appoint an executive officer may no doubt be exercised by the commissioner in proper cases.the discretion vested in his is to be exercised reasonably and fairly, because the power by its very nature is a drastic one, and appointment of an executive officer is more often than not likely to virtually ..... the power under section 45(1) does not mean that the commissioner, if he so wills, though there is no reason whatever justifying can exercise the power and appoint and executive officer ..... that before making the appointment he must inform the hereditary trustee of the reasons, which according to him, would justify the appointment of an executive officer, ask for his explanation and after considering the same if he still thinks than an executive officer is necessary, he may properly exercise his power. ..... executive officer may in some respects be regarded as even more drastic than the appointment of a non-hereditary trustee, more especially as the executive officer is vested with sweeping powers such as in the instant case, which deprive the hereditary trusteeship of its subsistence.3 .....
Tag this Judgment!Court : Chennai
Reported in : (1970)2MLJ599
..... the commissioner, therefore, appointed, in exercise of his powers under section 45 (1), an executive officer for the temples, who would be common to them and ..... is true that section 45 does not contemplate any notice or enquiry, but that does not mean that by exercising power under section 45 at will the commissioner can invade the hereditary trusteeship which is property as he has done ..... the discretion vested in him is to be exercised reasonably and fairly, because the power by its very nature is a drastic one, and appointment of an executive officer is more often than not likely to virtually eliminate ..... the power under section 45 (1) does not mean that the commissioner, if he so wills, though there is no reason whatever justifying , can exercise the power and appoint an executive officer for ..... , that before making the appointment he must inform the hereditary trustee of the reasons, which, according to him, would justify the appointment of an executive officer, ask for his explanation and after considering the same, if he still thinks that an executive officer is necessary, he may properly exercise his power. ..... an executive officer may in some respects be regarded as even more drastic than the appointment of non-hereditary trustees, more especially as the executive officer is vested with sweeping powers such as in the instant case, which deprive the hereditary trusteeship of its subsistence.3 ..... the power under section 45 to appoint an executive officer may no doubt be exercised by the .....
Tag this Judgment!Court : Chennai
Reported in : (1906)ILR29Mad1
..... by that will he appointed, in exercise of the power conferred upon him by the settlement deed, the official trustee of madras to succeed him ..... him the right of nominating his successor a sufficient cheek on the defendant going against his wishes - a right which he exercised the same day by appointing the official trustee to the exclusion of the son. ..... not revoked, and it was admitted in the argument that after easwara doss death the official trustee was informed that he had been appointed by the will as the successor of easwara doss in the office of trustee by virtue of the power reserved to easwara doss in the matter under the settlement. ..... a detailed scheme for the future maintenance and administration of the charities and trusts and for the appointment of a trustee and of a dharmakartha or manager under the trustee. ..... the great grandfather and grandfather in favour of charity, if conveyed to him either through the instrument or any other means is calculated to exercise an almost irresistible moral pressure on a young man then leaving on the pilgrimage to benares, certainly, far stronger, when we consider the dictates of his religion and the conditions of hindu family life, than the posthumous pressure exercised by the memorandum of the deceased father in powell v. ..... easier for him to rebut the presumption of the exercise of his parental influence when hederives no personal benefit. ..... does not accordingly matter whether the same be exercised to the benefit of the parent himself or .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad650; (1951)IMLJ588
..... the procedure in case of disputes as to right of succession to vacate trusteeship & to apply to the civil court to appoint a manager of such mosque, temple or religious institution and the manager so appointed shall exercise all the powers under the act which the trustee, manager, or superintendent under regulation vii of 1817 had. ..... the appellant contends that according to clause vii, regulation vii of 1817, which enacted that to enable the board of revenue to better carry into select the duties entrusted to them by this regulation, local agents shall be appointed in each zillah, subject to the authority, control, and orders of that board,it might have been possible for a local agent to hold property but not to the board & when this regulation was repealed by act ..... , if the committee could function as a trustee, it was a body that was in existence on the 15th january 1944 when the plaint was filed and therefore none of its powers could have been exercised by the trustee of the koni-amman temple after getting the sanction of the hindu religious endowments board. ..... have held that the plaintiffs there, who were members of a temple committee appointed under act xx (20) of 1863, were not entitled to claim possession of the temple and its properties from the hereditary trustee even if it were found to be subject to their jurisdiction because the learned judges say that ..... have considered the powers of a committee appointed under the hindu religious endowments act and at page 281 they refer .....
Tag this Judgment!Court : Chennai
Reported in : [2003]131STC133(Mad)
..... -- (1) save as otherwise expressly provided in this act, the special tribunal shall, with effect on and from the appointed day, exercise the jurisdiction, powers and authority exercisable immediately before that day by all courts including the high court (except the supreme court) for adjudication or trial of disputes or complaints with respect to all matters of levy, assessment, collection and enforcement of ..... a perusal of this provision makes it clear that the special tribunal shall have the jurisdiction, powers and authority exercisable by the high court for adjudication or trial of disputes or complaints with respect of all matters of levy, assessment, collection and enforcement of any tax under any specified state act and matters connected therewith or ..... institutional mechanisms established in sampath kumar's case is in defiance of the proposition laid down in kesavananda bharati's case : special reference case : air1965sc745 and indira gandhi's case : that the constitutional courts alone are competent to exercise the power of judicial review to pronounce upon the constitutional validity of statutory provisions and rules. ..... section 7 of such act will relate to the jurisdiction, powers and authority of the special tribunal and it is extracted ..... keeping in view of the wide amplitude of powers under section 7 of the said act, there cannot be any doubt that the tribunal can also entertain the matter relating to the question of release of goods under section 42 of the tamil nadu .....
Tag this Judgment!Court : Chennai
Reported in : 1998CriLJ2388
..... 'enforcement officer' under clause (e) whether the central government could create under clause (e) a further class of officer and designate him 'special director'; b) is not the power of the central government to appoint such other class of officers of enforcement under clause (e) exhausted with the creation and making of appointments of officers of enforcement with the designation 'enforcement officer'; c) section 3 having declared that the classes of officers shall be as set out therein and as the said section ..... does not contain any reference to the class of 'special director' what is the rank of one appointed as special director' in the absence of statutory recognition for the said post; d) if the power of the central government to create a clause under clause (e) is exhausted with the making of appointments of 'enforcement officers', then is the special director and officer' of enforcement falling within section 3 of the act; e) sub-section (2) of section 4 authorises the ..... therefore, the central government in exercise of the powers have appointed shri ranjan, special director to the office of enforcement for the purpose of the act as can be seen from the notification (at page 43 in the typed set of papers filed) in w.a. no. ..... he would further submit as follows : once it is clear that government had exercised its power to appoint a class of officers to exercise functions under s. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1985Mad341
..... 101 of 1969 d/- 26-2-1969, it was pointed out that that decision did not take into account the scope and the extent of the power vested in and exercisable by the executive off'icer, but had proceeded on the ground that the appointment of an executive officer was not by way of punishment and that was not the ,correct perspective or standpoint from which the question should be considered. ..... emphasised that in cases of improper management it would be necessary for the commissioner to appoint an executive officer and the exercise of such power of appointment depended not upon the whims and, fancies of the commissioner, but upon a decision arrived at on the facts of each case and on an application of the mind of the commissioner to the question whether the appointment of an executive officer is necessary in the interest of the institution and such an appointment should also be preceded by the issue of a notice to the hereditary trustee ..... in the course of that decision, the extraordinary width and plenitude of the powers that can be exercised by the executive officer have been referred to and it is pointed out that the power of appointing an executive officer is itself a drastic one, which has to be exercised carefully and in cases where grounds existed disclosing that the institution had not been properly managed by the hereditary trustee. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad958
..... during his lifetime dispensing with any committee of supervision and to take possession of the entire property and carry out all the duties of administration himself thereby exercising all the powers of a founder including those of appointing his successors to the office of mutavalli as such founder.it has been contended by the learned counsel for the respondent that paragraph 9 of the said ex. ..... the respondent pleaded to the following effect:''even otherwise, the appointment of the plaintiff as trustee was even in the inception invalid, as on a proper construction of the trust deed, dated 12-7-1917 and the events that happened subsequently, the right to make the appointment of trustee did not accrue to rahamatullah saheb, the contingency for the exercise of such power as contemplated in the said document had not arisen and ..... was that the committee of supervision, in exercise of the powers bestowed in that behalf appointed rahamatullah sahib in october 1923 or thereabouts to be a trustee in place of his wife ghouse eibi and that being the case even though he might have been empowered to appoint a person as a trustee in his place, the power offended against the principle of 'delegatus non- ..... was executing the document in 1926 in favour of the appellant, whereby he appointed the appellant to be the trustee to function from 1928 onwards, it was a clear case where the wakif was exercising the powers which he had reserved to himself under the original document creating the endowment, .....
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