AIR 1946 PRIVY COUNCIL 34

Privy Council

(From Oudh)

Hon'ble Judge(s): Lord Thankerton, Lord Goddard, Sir John Beaumont , JJJ

Civil P.C. (5 of 1908) , S.92— Trust of public nature-Court must consider interests of public-New scheme framed by trial Court-Scheme approved by Chief Court but inconsistency in Chief Court's judgment-Held, in spite of inconsistency, Privy Council will not disturb safeguards in scheme. In cases of trusts coming under S.92, the Court has a duty, once it finds that it is a trust for public purposes, to consider what is best in the interests of the public : ('16) 3 AIR 1916 P.C. 132, Foll.(Para 35) The trial Court framed a new scheme which was designed to prevent recurrence of the extravagance and mismanagement which had taken place during the period that a compromise was ruling the matter. The scheme was approved, by the Chief Court on appeal: but a passage in the judgment of that Court AIR 1946 PRIVY COUNCIL 34" n="35">@page-PC35 suggested in one sentence that it would be just and fair to tie down the parties to the terms of the compromise for the benefit of the trust: Held, that even if there were an inconsistency in that judgment, their Lordships would be very slow to disturb the safeguards which were provided in that scheme, if their Lordships found it necessary to reconsider the scheme.(Para 35) C. P.C.- ('44) C....