Supreme Court allows charitable societies to be sued under Section 92 CPC for breach of trust

Supreme Court allows charitable societies to be sued under Section 92 CPC for breach of trust

The Supreme Court has ruled that charitable societies receiving public donations can be treated as constructive trustees and may be sued under Section 92 of the Civil Procedure Code, even if they are not formally registered as trusts. 

The Court clarified that Section 92 applies to entities managing property for public, religious, or charitable purposes, and such suits can be filed when there is alleged misuse or breach of trust.

It emphasized that the provision is meant to protect public interest through representative actions, and procedural requirements under Section 92 must be fulfilled for such cases to proceed.

[Operation Asha v. Shelly Batra]

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