August 2024

Power of Courts as to costs in certain suits against trustees of charitable and religious trusts (1) In any suit instituted under section l4 of the Religious Endowments Act, 1863,  (20 of 1863) or  under section 92 of the Code of Civil Procedure, 1908 (5 of 1908), the Court trying such suit may, if, on […]

Savings No petition under the foregoing provisions of this Act in relation to any trust shall be entertained in any of the following circumstances, namely:- (a ) if a suit instituted in accordance with the provisions of section 92 of the Code of Civil Procedure, 1908 (5 of 1908), is pending in respect of the trust

Costs of petition under this Act. The costs, charges and expenses of and incidental to any petition, and all proceedings in connection therewith, under the foregoing provisions of this Act, shall be in the discretion of the Court, which may direct the whole or any part of any such costs, charges and expenses to be

Powers of trustee to apply for directions (1) Save as hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the Court, within the local limits of whose jurisdiction any substantial part of the subject-matter

Failure of trustee to comply with order under section 5 If a trustee without reasonable excuse fails to comply with an order made under sub-section (5) of section 5, such trustee shall, without prejudice to any other penalty or liability which he may incur under any law for the time being in force, be deemed

Procedure on petition (1) If the court on receipt of a petition under section 3, after taking such evidence and making such inquiry, if any, as it may consider necessary, is of opinion that the trust to which the petition relates is a trust to which this Act applies, and that the petitioner has an

Contents and verification of petition (1) The petition shall show in what way the petitioner claims to be interested in the trust, and shall specify, as far as may be, the particulars and the audit which he seeks to obtain. (2) The petition shall be in writing and shall be signed and verified in the

Power to apply to the Court in respect of trusts of a charitable or religious nature Save as hereinafter provided in this Act, any person having an interest in any express or constructive trust created or existing for a public purpose of a charitable or religious nature may apply by petition to the Court within

Interpretation In this Act, unless there is anything repugnant in the subject or context, “the Court” means the Court of the District Judge or any other Court empowered in that behalf by the State Government and includes the High Court in the exercise of its ordinary original civil jurisdiction.