Law: Civil Procedure Code (V of 1908)

Section: 92

(a) Trust Act (II of 1882)--- ----Preamble---Trusts Act, 1882, applicability of---Scope---Act, would apply toprivate trusts and trustees and not to public trusts. (b) Interpretation of statutes--- ----Preamble of statute is key to open the minds of its framers---Principles. Preamble is the key to open the minds of the framers of the statute. Though it is not an enacting part, it may have to express the scope, object and purpose of enactment. The policy and purpose of a given measure may be deduced from the title and Preamble thereof. (c) Words and phrases--- ----"Proprio Vigore"---Meanings. Black's Law Dictionary 6th Edition ref. (d) Civil Procedure Code (V of 1908)--- ----S.92---Suit regarding public charitable trust---Relief sought in such suit, if not falling within ambit of Clauses (a) to (g) of S.92, C.P.C., might be considered by court under clause (h) thereof---Principles. Under section 92, C.P.C., different eventualities and conditions are mentioned which include removal of trustee, appointment of new trustee, vesting property in a trustee, directing accounts and inquiries, declaration as to what proportion of the trust property shall be allocated to any particular object of the trust, authorizing the whole or any part of the trust property to be let, sold, mortgaged or exchanged, settling a scheme or granting such further or other reliefs as the nature of the case. If the relief claimed does not fall within the scope and ambit of Clauses (a) to (g) of section 92, C.P.C., it may be considered in clause (h), which relates to the powers of the court to grant such further or other reliefs as the nature of the case may require. So for all intent and purpose the scope of clause (h) is left with a broad scope and spectrum todeal with the cases for the relief which are otherwise not provided or possible inclauses (a) to (g) of section 92, C.P.C. The scope and nature of relief that can be granted by the court in Clause (h) of section 92, C.P.C., is wide enough, which can handle the situation and to mould the relief according to facts and circumstances of each case. State of Uttar Pradesh v. Bansi Dhar and others AIR 1974 SC 1084; Kanagavelu Nadar and others v.…

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