income of such trust or any portion thereof to be applied cy pres in one or more of the following circumstances, namely:- (a) where
estate, but will execute the general intention of charity by a cy pres application of the trust property. It follows that even assuming the evidence ... appellants has pressed before us that the appliction of the cy pres dectrine is confined to where trust be created by will and relies
that in the circumstances of this case the doctrine of cy-pres would apply. He took time to study the point. Having done ... Otherwise, too, the scheme cannot be upheld if the rule of cy-pres is to have proper effect. Cy-pres means 'near
maintenance was invalid, and, applying the doctrine of cy-pres, the learned Judge further found that the whole income of the trust properties should ... settlement deed.
(7) Mr. Gopalaswami Ayyangar argued that the doctrine of cy-pres could not be applied to this case as the gift was under
Court in 1931.
Incidentally, be it noted that the expression Cy-pres in
common English acceptation means and implies as near as
possible (to testators ... precisely followed).
In Halsburys Laws of England (4th Ed. Vol.5B) cy
pres doctrine has been referred to as below: The cy-pres
doctrine: Where
charity. This can be done by applying the doctrine of cy pres and by framing a scheme. But the object must he a work ... charities. Sub-section (3) of section 92 embodies the doctrine of cy pres Sub-section (3) is new and has been inserted by the Amendment
incompetent to direct application of the unexpended income of the fund cy pres. It was submitted that the amount which remained unexpended may be permitted ... acting under Sections 55 and 56 to give direction for application cy pres of that amount and that the amount be applied 'for general
charitable purpose, we will
come across an important legal doctrine called cy pres. Its meaning
is, "as near as possible". This doctrine applies ... already fulfilled in its
natural course, may apply the doctrine of cy pres and treat the general
intention of the testator as to safeguard
which prima facie the application of the doctrine Cy pres was called for. He goes on to say that he is not in a position ... case has arisen for the application of the doctrine of cy pres or not and then he is good enough to remark that
trust. Section 55 purports to lay down the rule of
cy pres in relation to the administration of religious and
charitable trusts; but it extends ... powers of the courts in relation to the application of -the
cy pres doctrine. Section 57 provides for the establishment
of a fund