Supreme Court Rules Society can be a ‘Constructive Trust’ under CPC section 92.
The Supreme Court held that a society registered under the Societies Registration Act, 1860, can be considered a ‘constructive trust’ under Section 92 of the CPC if it serves a public charitable purpose and its properties are held in a fiduciary capacity. The Court affirmed the maintainability of a suit under Section 92 against the appellant society, Operation ASHA, alleging mismanagement and siphoning of funds.
Court:
Supreme Court of India
Case:
Civil Appeal No. 10048 of 2025 (Arising out of SLP (Civil) No. 29830 of 2024)
Operation ASHA vs. Shelly Batra & Ors.
Date of Judgement:
05 August 2025
Act:
Code of Civil Procedure, 1908 – Section 92
Societies Registration Act, 1860