Section 92 CPC maintainable for Societies: Operation Asha v. Shelly Batra

Section 92 of the CPC is maintainable and applies to public trusts and constructive trusts. In Operation Asha vs. Shelly Batra, a non-profit society that works for disadvantaged communities, the Apex Court found that the Doctrine of Constructive Trust applies even if societies are registered under the Societies Registration Act, 1860 as long as some fiduciary criteria are met.

The aim and objective of Operation Asha is of public and charitable nature. All the incomes, earnings, properties and MoAs are to be solely dedicated to promote the society’s aims. Furthermore, the strict “non-profit” rule of the society determines the society to have a credible fiduciary relationship in this scenario. 

A bench of Justices J B Pardiwala and R Mahadevan reaffirmed the English principle of constructive trusts for application in Indian courts too. The codification of the constructive trust principles was to limit judicial discretion but it does not mean that the doctrine has been removed from Indian law. The 2019 judgment in Janardan Dagdu Khomane and Another v. Eknath Bhiku Yadav & Ors. had elaborated upon this concept. 

The repeal of Section 94 of the Trusts Act, 1882 by Benami Transactions Prohibition Act, 1988 does not prevent the Court from declaring a trust outside the scope of this Act. In Sugra Bibi v. Hazi Kummu Mia (1968), the Court stressed on the dominant purpose of the plaint which must be in furtherance of public interest. Section 92 suits need to be motivated from representative capacity to vindicate public rights and not merely individual interests. 

The serious allegations of mismanagement and financial misconduct affecting the public interest may be pursued under Section 92 because it is a special provision. However, personal grievances need to be addressed separately. Even if certain private rights are agitated, it does not take away the importance of the other allegations.

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Internship Opportunity at KMJ Legal – Apply for August 2025 Intake

The Internship Opportunity at KMJ Legal for August 2025 is now accepting applications. Based in New Delhi, KMJ Legal is a litigation and advisory law office that regularly handles matters involving civil and criminal litigation, public policy, arbitration, and regulatory compliance. This internship offers law students an opportunity to gain practical legal training in a focused and professional setting.

If you’re a law student entering your final or penultimate year and are eager to gain practical legal exposure, this is your chance to work closely with experienced lawyers and contribute to active casework. With only two positions available per month, this internship is designed to provide a personalized and rigorous learning experience.

Why the Internship Opportunity at KMJ Legal Stands Out

Unlike traditional internships where interns often perform administrative tasks, the Internship Opportunity at KMJ Legal allows selected students to directly engage with ongoing matters and receive practical mentorship. You won’t just observe—you’ll participate.

KMJ Legal’s work covers:

  • Civil and criminal litigation
  • Policy research and legal reform
  • Corporate law and advisory
  • Arbitration and dispute resolution
  • Regulatory and compliance matters

Interns will assist in research, draft legal documents, prepare case summaries, and may even observe client conferences and court proceedings. It’s an opportunity to sharpen your legal thinking and understand how law is practiced, not just taught.

Who Should Apply?

This internship is ideal for students who are:

  • In their final year or penultimate year of a 5-year integrated or 3-year LL.B. program
  • Interested in litigation, corporate law, or policy research
  • Confident in their legal writing and research skills
  • Looking for a full-time, in-person learning experience in New Delhi
  • Motivated, detail-oriented, and curious about how law intersects with governance and society

Preference will be given to students based in Delhi due to the in-office nature of the internship.

Key Internship Details

  • Internship Duration: Full month of August 2025
  • Location: KMJ Legal office, New Delhi
  • Type: In-office, full-time internship
  • Number of Interns: Two (2) only
  • Review Process: Rolling basis — early applications are strongly recommended

Eligibility Criteria

Applicants must meet the following conditions:

  • Be currently pursuing a law degree (3-year or 5-year program)
  • Be in their penultimate or final year as of August 2025
  • Have prior interest or academic exposure to litigation, corporate law, or policy and regulatory work
  • Demonstrate proficiency in legal research and writing
  • Show strong command of English and legal drafting techniques

This internship demands commitment, discipline, and curiosity—qualities that will be tested and nurtured throughout your time at KMJ Legal.

Application Instructions

To apply for the Internship Opportunity at KMJ Legal, candidates must submit:

  1. A CV or résumé (max 2 pages)
  2. A short legal writing sample authored by the applicant

Email to: contact@kmjlegal.co.in
Subject line: August Internship Application

Shortlisted candidates will be contacted via email. Since the selection process is rolling, early applications stand a better chance of being reviewed.

What You’ll Learn

Interning at KMJ Legal means exposure to real legal problems and practical thinking. As an intern, you will:

  • Learn how to structure legal arguments and refine your writing
  • Engage in policy and legislative research
  • Get insights into client management and case strategy
  • Gain firsthand understanding of legal workflows, from consultation to courtroom
  • Observe professional ethics and decision-making in a real-world setting

By the end of the internship, you’ll walk away with better drafting skills, a more structured thought process, and an understanding of how law operates in action.

Final Thoughts

The Internship Opportunity at KMJ Legal is ideal for driven law students ready to apply their knowledge in a professional, high-expectation environment. With close mentorship and serious legal work, interns emerge more prepared for litigation, advisory roles, and future practice.

If you’re serious about learning, eager to build a solid legal foundation, and ready to be challenged, then this is the opportunity for you.

Apply today to: contact@kmjlegal.co.in
Subject: August Internship Application

We look forward to working with bright, motivated legal minds.


Also read – Join The Chambers of Ms. Gayatri Singh, Senior Advocate – Junior Advocate Vacancies in Mumbai

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