Power to apply to the Court in respect of trusts of a charitable or religious nature
Section 3 of the Charitable and Religious Trusts Act, 1920 deals with power to apply to the Court in respect of trusts of a charitable or religious nature. Save as hereinafter provided in this Act, any person having interest in any express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court within the local limits of whose jurisdiction any substantial part of the subject-ma The Act came into force on 20 Mar 1920.
Save as hereinafter provided in this Act, any person having interest in any express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate to obtain an order embodying all or any of the following directions, namely:--
(1) directing the trustee to furnish the petitioner through the Court with particulars as to the nature and objects of the trust, and of the value, condition, management and application of the subject-matter of the trust, and of the income belonging thereto, or as to any of these matters, and
(2) directing that the accounts of the trust shall be examined and audited:
Provided that no person shall apply for any such direction in respect of accounts relating to a period more than three years prior to the date of the petition.
Section 3, The Charitable and Religious Trusts Act, 1920 (Act 14 of 1920).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Laxmi Narain Khemka v. Tulsian Dharamshala Trust Khetr
Court's Decision & Legal Precedent
DATE-VERIFIED Judgement body date 10.09.2009 matches index Final Order 2009-09-10 (order-1.pdf; get_order_ai_analysis DATE VERIFIED). Art.227 challenge to District Judge dismissal of Trust Act Case under s.3: leave under CPC s.92 is not required for a petition under the 1920 Act, which is a special Act with its own s.5 procedure; s.3(1)–(2) cover directions for trust particulars (nature/objects/value/management/income) and examination/audit of accounts (up to three years), so audit and supply of trust deed/tenant list fall within s.3, while a direction to hold regular trustee meetings does not; impugned dismissal set aside and petition restored for the s.3-compatible reliefs.
On this section: Teaches operative s.3: any person interested may petition the District Court for limited information/audit directions without CPC s.92 leave; meeting-management reliefs are outside s.3.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 3
What have the courts held on Section 3 of the Charitable and Religious Trusts Act?
Laxmi Narain Khemka v. Tulsian Dharamshala Trust Khetr (10 Sep 2009) is the leading judgment on this section among those set out below: Teaches operative s.3: any person interested may petition the District Court for limited information/audit directions without CPC s.92 leave; meeting-management reliefs are outside s.3.
How do I find court cases under Section 3 of the Charitable and Religious Trusts Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Charitable and Religious Trusts Act 3, section 3 Charitable and Religious Trusts Act, section 3 of the Charitable and Religious Trusts Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Laxmi Narain Khemka v. Tulsian Dharamshala Trust Khetr (10 Sep 2009).
What should I read with Section 3 of the Charitable and Religious Trusts Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 3 of the Charitable and Religious Trusts Act come into force?
Section 3 of the Charitable and Religious Trusts Act, cited as Charitable and Religious Trusts Act 3, came into force on 20 Mar 1920, having been enacted on 20 Mar 1920. It is in force as at the date shown on this page.
Other sections of this Act
- 5. Procedure on petition434 words
- 7. Powers of trustee to apply for directions299 words
- 10. Power of Courts as to costs in certain suits against trustees of charitable and religious trusts201 words
- 9. Savings122 words
- 8. Costs of petition under this Act115 words
- 11. Provisions of the Code of Civil Procedure to apply104 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.