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SECTION 91, 92 OF CODE OF CIVIL PROCEDURE 1908

What are Public nuisances and other wrongful acts affecting the public? What are Public charities? Section 91 and 92 of Code of Civil Procedure 1908

Public nuisances and other wrongful acts affecting the public and Public charities are defined under Section 91 and 92 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 91 of Code of Civil Procedure 1908 "Public nuisances and other wrongful acts affecting the public"

(1) in the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction or for such other relief as may be appropriate in the circumstances of the case, may be instituted,-

(a) by the Advocate General, or

(b) with the leave of the Court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act.

(2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provisions.

Section 92 of Code of Civil Procedure 1908 "Public charities"

(1) In the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the Court is deemed necessary for the administration of any such trust, the Advocate-General, or two or more persons having an interest in the trust and having obtained the [74][leave of the Court] may institute a suit, whether contentious or not, in the principal Civil Court of original jurisdiction or in any other Court empowered in that behalf by the State Government within the local limits of whose jurisdiction the whole or any part of the subject-matter of the trust is situate to obtain a decree-

(a) removing any trustee;

(b) appointing a new trustee;

(c) vesting any property in a trustee;

(cc) directing a trustee who has bee removed or a person who has ceased to be a trustee, to deliver possession of any trust property in his possession to the person entitled to the possession of such property;

(d) directing accounts and inquires;

(e) declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;

(f) authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged;

(g) settling a scheme; or

(h) granting such further or other relief as the nature of the case may require.

(2) Save as provided by the Religious Endowments Act, 1863 (20 of 1863) or by any corresponding law in force in the territories which, immediately before the 1st November, 1956, were comprised in Part B States, no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with provisions of that sub-section.

(3) The Court may alter the original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow the property or income of such trust or any portion thereof to be applied cy press in one or more the following circumstances, namely:-

(a) where the original purposes of the trust, in whole or in part,-

(i) have been, as far as may be, fulfilled; or

(ii) cannot be carried out at all, or cannot be carried out according to the directions given in the instrument creating the trust or, where there is no such instrument, according to the spirit of the trust;

(b) where the original purposes of the trust provide a use for a part only of the property available by virtue of the trust; or

(c) where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction with, and to that end can suitably be made applicable to any other purpose, regard being had to the spirit of the trust and its applicability to common purposes; or

(d) where the original purposes, in whole or in part, were laid down by reference to an area which then was, but has since ceased to be, a unit for such purposes; or

(ii) ceased, as being useless or harmful to the community, or

(iii) ceased to be, in law, charitable, or

(iv) ceased in any other way to provide a suitable and effective method of using the property available by virtue of the trust, regard being had to the spirit of the trust.

STATE AMENDMENTS
Uttar Pradesh- After clause (b) of sub-section (1) of section 92 insert the following:

"(bb) for delivery of possession of any trust property against a person who has ceased to be trustee or has been removed". [U.P. Act No. 24 of 1954].

Code of Civil Procedure 1908

What is Exemption from arrest and personal appearance? What is Execution of decree? Section 81 and 82 of Code of Civil Procedure 1908

When aliens may sue? When foreign State may sue? Section 83 and 84 of Code of Civil Procedure 1908

What is the meaning Persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers? Section 85 of Code of Civil Procedure 1908

What are Suits against foreign Rulers, Ambassadors and Envoys? Section 86 of Code of Civil Procedure 1908

What is Style of foreign Rulers as parties to suits? Section 87 of Code of Civil Procedure 1908

Where interpleader suit may be reinstituted? What is Power to state case for opinion of Court? Section 88 and 90 of Code of Civil Procedure 1908

What are Public nuisances and other wrongful acts affecting the public? What are Public charities? Section 91 and 92 of Code of Civil Procedure 1908

What is Exercise of powers of Advocate? What are Supplemental Proceedings? Section 93 and 94 of Code of Civil Procedure 1908

What is Compensation for obtaining arrest, attachment or injunction on insufficient grounds? Section 95 of Code of Civil Procedure 1908

What is Appeal from original decree? What is Appeal from final decree where no appeal from preliminary decree? Section 96 and 97 of Code of Civil Procedure 1908

What is Decision where appeal heard by two or more Judges? Section 98 of Code of Civil Procedure 1908

What is the meaning of No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction? Section 99 of Code of Civil Procedure 1908

What is Second appeal? What is the meaning No further appeal in certain cases? Section 100 and 100A of Code of Civil Procedure 1908


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