PUBLIC CHARITIES ,PRIVATE AND PUBLIC TRUST
SUBMITTED BY-
PANKAJ KUMAR, B.A., LL.B.(HONS.)
(5th Semester), (Roll No.- 2135)
SUBMITTED TO-
DR. MEETA MOHINI
(Guest Faculty Law)
This rough draft is submitted in partial fulfilment in C.P.C. and Law of
Limitation for the completion of B.A., LL.B.(Hons.) course.
AUGUST 2021
CHANAKYA NATIONAL LAW UNIVERSITY,
PATNA.
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INTRODUCTION
This section of the project focuses not on defining ‘not-for-profit’, but rather on
the definition of ‘charity’, which concerns only a part of the NFP sector. This is
because the common law has developed, over centuries, a technical legal meaning
of the term ‘charity’, often although perhaps misleadingly referred to as a legal
‘definition’ of charity.1 This common law meaning was developed largely in the
context of trusts law, where charitable status confers a range of legal privileges.
However, charitable status has taken on increased significance as a large
numberof statutes confer benefits on charities—most importantly, in the form of
taxation concessions. The common law meaning also governs the term ‘charity’
and its analogues when used in statutes, unless there is compelling evidence to
the contrary.
A suit under section 92 of CPC is a suit of special nature for the protection of public rights
in thepublic trust and charities. it presupposes the existence of a public trust of a religious
or charitablecharacter. “A suit for a declaration that a certain property appertains to a to a
religious trust maylie under the general law, but is outside the scope of section 92. A suit
framed under the section 92 of CPC the only reliefs which the plaintiffs can claimed the
court can grant are those enumerated specially in different clauses of the section courts
have to be carefully to eliminate the possibility of a suit being laid against public trust
under section 92 by persons whose activities were not for protection of the interest of the
public trusts”. First and the foremost requirement of an application under section 92 is the
plaintiffs should bring the suit to vindicate the right of the public. leave of the court once
granted no fresh permission is required if the original plaintiff dies. The suit under 92 of
CPC is a representative suit it is filed representing thepublic at large
What is a Trust?
Trust is defined in section 3 of the Indian Trust Act, 1882 as “an obligation annexed to the
ownership of property and arising out of a confidence reposed in and accepted by the
owner, or declared and accepted by him, for the benefit of another or of another and the
owner. In other words, it is simply a transfer of property by one person (the settlor) to
another (the “trustee”) who manages that property for the benefit of someone else (the
“beneficiary”). The settlor must legally transfer ownership of the assets to the trustee of the
trust. In India trust is the second most popular form of registration.
OBJECTIVES
• The importance of Charity.
• Objective of Section 92 in CPC.
• Distinction between Private Trust and Public Trust.
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HYPOTHESIS
The researcher has formulated the hypothesis that there is a difference between Private Trust
and Public Trust.
MODE OF RESEARCH
➢ The researcher has relied upon the Doctrinal method of research for the completion of
this project.
TENTATIVE CHAPTERISATION
1. INTRODUCTION.
2. LEGAL MEANING OF CHARITY.
3. IMPORTANCE OF CHARITY.
4. COMPARING PUBLIC AND PRIVATE TRUST.
5. PUBLIC AND PRIVATE TRUSTS IN INDIA.
6. CASES RELATING TO SECTION 92 OF CPC.
7. CONCLUSION.
BIBLIOGRAPHY
Primary Sources: Books and Bare Act.
1. C.K. Takwani’s Civil Procedure with Limitation Act, 1963. Eighth Edition, published
by Eastern Book Company Pvt. Ltd.
2. B. M. Prasad & S. K. Sarvaria, Mulla’s Code of Civil Procedure (17th ed., 2007).
3. The Code of Civil Procedure, 1908 (Bare Act).
Secondary Sources: Materials Available on the internet.
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