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The Code of Civil Procedure, 1908: page 66

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 66, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                   1
                                    [Public nuisances and other wrongful acts affecting the public]
     91. Public nuisances and other wrongful acts affecting the public.—2[(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.
     3
     92. 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 4[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;
                                                                                  e
          5
                                                                          od
          [(cc) directing a trustee who has been removed or a person who has ceased to be a trustee, to
                                                                    aC
     deliver possession of any trust property in his possession to the person entitled to the possession of
     such property];
          (d) directing accounts and inquiries;               di
                                                        In
         (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), 6[or by any corresponding
law in force in 7[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 the provisions of that sub-section.
     8
     [(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 pres in one or more of 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; or



1. Subs. by Act 104 of 1976, s. 30, for the former headings (w.e.f. 1-2-1977).
2. Subs. by s. 30, ibid., for sub-section (1) (w.e.f. 1-2-1977).
3. S. 92 shall not apply to any religious trust in Bihar, see Bihar Act 1 of 1951.
4. Subs. by Act 104 of 1976, s. 31, for “consent in writing of the Advocate-General” (w.e.f. 1-2-1977).
5. Ins. by Act 66 of 1956, s. 9 (w.e.f. 1-1-1957).
6. Ins. by Act 2 of 1951, s. 13 (w.e.f. 1-4-1951).
7. Subs. by the A.O. (No. 2), 1956, for “a Part B State”.
8. Ins. by Act 104 of 1976, s. 31 (w.e.f. 1-2-1977).


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