case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction ... Court may alter the original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow
Section 7 in The Charitable and Religious Trusts Act, 1920
7. Powers of trustee to apply for directions
(1) Save ... hereinafter provided in this Act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature
Section 94 in The Indian Trusts Act, 1882
94. Constructive trusts in cases not expressly provided for.
- [Repealed by the Benami Transactions (Prohibition
trusts of a charitable or religious nature
.Save as hereinafter provided in this Act, any person having an interest in any express or constructive trust
regarding constructive trust, based on Section 90. Here too, the
parties went to trial with specific pleadings and evidence of constructive trust.
23. In Babani ... express trust, with a defined specific purpose. Resultantly, it does
not apply in the case of a constructive trust, more so when it is neither
K. Panchapagesa Ayyar And Anr. vs K. Kalyanasundaram Ayyar And Ors. on 11 April, 1956
Justice Bowen : "An express trust can only arise between the cesti que trust and his trustee. A constructive trust is one which arises when ... create a trust, then it is an express trust. This position can be made clear by contrasting the express trust, with constructive trusts
Trusts are also called trusts ex malefico, trusts ex delicto, trusts in invitum, or involuntary trusts.
Story on Equity Jurisprudence has explained 'Constructive Trust ... Prof. A- W. Scott in his book on Trusts has explained the 'constructive trust' as follows: -
"Similarly where chattels are conveyed
Trusts are also called trusts ex malefico, trusts ex delicto, trusts in invitum, or involuntary trusts. Story on Equity Jurisprudence has explained 'Constructive Trust ... Prof. A.W. Scott in his book on Trusts has explained the 'Constructive trust' as follows:-"Similarly where chattels are conveyed
Public Trusts Act defines a
public trust as follows:
“2(13) “public trust” means an express or
constructive trust for either a public religious ... trust would not make any difference to the position
of the Trust as a “public trust”.
33. A constructive trust arises by operation
