Section 93 CPC deals with the powers of the Advocate-General in relation to suits concerning public charitable or religious trusts. It supplements the special provisions governing such trusts under the CPC.
Meaning of Section 93 CPC
Section 93 confers certain powers on the Advocate-General in relation to proceedings concerning public charitable or religious trusts.
The provision enables the Advocate-General to exercise powers in connection with trusts where intervention is considered necessary for protecting public interests.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 93 CPC |
| Subject | Powers of Advocate-General |
| Nature | Procedural |
| Main purpose | Protection of public charitable and religious trusts |
| Related provision | Section 92 |
Powers Under Section 93
The Advocate-General may exercise powers in relation to public charitable or religious trusts in accordance with the CPC.
These powers include the ability to:
- Require or obtain information concerning the trust.
- Take appropriate steps in relation to the administration of the trust.
- Exercise powers connected with proceedings concerning public charitable or religious trusts, subject to the statutory framework.
The precise exercise of these powers must remain within the scope provided by the CPC.
Section 93 and Section 92
Section 92 provides the special procedure for suits concerning public charitable or religious trusts.
Section 93 deals with the powers of the Advocate-General in relation to such trusts.
| Section 92 | Section 93 |
|---|---|
| Provides for suits concerning public trusts | Provides powers to the Advocate-General |
| Focuses on judicial proceedings | Focuses on Advocate-General’s statutory role |
| Requires compliance with specified conditions | Operates within the statutory framework |
Practical Importance
The provision recognises that public charitable and religious trusts may involve interests extending beyond individual parties.
The Advocate-General’s role therefore provides an additional mechanism for addressing issues affecting the proper administration and protection of such trusts.
Importance for Law Students and Judiciary Exams
What to Remember
- Section 93 concerns the Advocate-General’s powers.
- It is connected with public charitable and religious trusts.
- Section 92 and Section 93 should be studied together.
- The Advocate-General’s powers are statutory and must be exercised within the CPC framework.
Important Questions to Prepare
- What is the scope of Section 93 CPC?
- What powers are conferred on the Advocate-General?
- Explain the relationship between Sections 92 and 93 CPC.
- What is the role of the Advocate-General in matters concerning public trusts?
Key Legal Principles
- Section 93 recognises the Advocate-General’s role in matters concerning public charitable or religious trusts.
- The powers exercised under the provision arise from the statutory framework of the CPC.
- Section 93 should be understood alongside Section 92.
ALSO READ: Section 92 – Public Charities
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 93 CPC |
| Subject | Advocate-General’s powers |
| Context | Public charitable or religious trusts |
| Related provision | Section 92 |
| Nature | Procedural |
