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Report No. 144

Chapter IV

Sections 41 to 100

4.1. Section 92 and Necessity of Notice before Granting Leave.

4.1.1. Section 92 of the Code, so far as is material, makes a provision for the grant of leave to file suits regarding public charities, in the following terms:

"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."

Conflicting Judicial Decisions pertaining to the Code of Civil Procedure Back

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