Supreme Court of India · 1973-12-11
STATE OF UTTAR, PRADESH vs BANSI DHAR AND OTHERS
- Citation / case number
- SC 1967/274
- Court
- Supreme Court of India
- Petitioner
- STATE OF UTTAR, PRADESH
- Respondent
- BANSI DHAR AND OTHERS
- Bench
- KRISHNAIYER, V.R.
Judgment text excerpt
The Supreme Court held that a donation made for establishing a women's hospital constitutes a public trust under the doctrine of cypres, applicable to both testamentary and non-testamentary gifts. The court established that the conditions for applying the doctrine include a general charitable intention, impossibility of carrying out the settlor's intention, and a completed gift. The court dismissed the appeal, affirming that despite the failure of the original charitable intent, the matching grant from the government sufficed to uphold the trust's purpose, leading to a resulting trust in favor of the donor's estate under Section 83 of the Trusts Act, 1882.