Niyam v2 is live — start for just ₹100 — 200 credits to try

december 1973

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.

STATE OF UTTAR, PRADESH vs BANSI DHAR AND OTHERS · Niyam