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Part V – Special Proceedings

Section 89 – Arbitration

Rep. by the Arbitration Act, 1940 (10 of 1940)

Section 90 – Power to state case for opinion of Court

Where any person agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

Section 91 – 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-
    1. by the Advocate General, or
    2. 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 – 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 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-
    1. removing any trustee;
    2. appointing a new trustee;
    3. 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;
    4. directing accounts and inquires;
    5. declaring what proportion of the trust property or of the interest therein shall be allocated to any particular object of the trust;
    6. authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged;
    7. settling a scheme; or
    8. 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-
    1. where the original purposes of the trust, in whole or in part-
      1. have been, as far as may be, fulfilled; or
      2. 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;
    2. where the original purposes of the trust provide a use for a part only of the property available by virtue of the trust; or
    3. 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
    4. -
      1. 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
      2. ceased, as being useless or harmful to the community, or
      3. ceased to be, in law, charitable, or
      4. 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”

Section 93 – Exercise of powers of Advocate

General outside presidency-towns- The powers conferred by sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.