Good afternoon, everyone. And today's session is being taken by Justice A. Hari Prashat, former judge of Kerala High Court, and who has been recently designated as a senior advocate by the Supreme Court of India. And those who have been connected with Beyond Law series, CLC series, would know that Justice Hari Prashat has been taking his deep dive insights on a particular topic. And when we connected with Justice Hari Prashat for this session, he said that why not let's take a topic on characteristics of the suit under section 92 of CPC. At the first brush, a thought came in my mind that we should change the title. But then I thought, let's keep characteristic itself because that immediately since we have done a lot of sessions with Justice Hari Prashat, where sessions title is characteristics. I thought that certain reflection in the mind of a lawyer or a man who's thinking as a lawyer or a student of law would feel that once it is a characteristic, it has some connotation with Justice Hari Prashat sessions. And characteristics of a, in different sessions, we have taken it as such. And today's session on characteristics of suits under section 92 of CPC is the session which we are going to take today. And we know that down south, there are courts that have reopened and in fact, in a lot of places, except barring in Delhi and Java and Icote. So we also understand that a lot of people are still jostling in the courtrooms and they can watch such like sessions subsequently at a given point of time when they are free and at leisure to understand the pearls of wisdom being shared by the speakers of immense knowledge like Justice Hari Prashat. And I would request sir to share his knowledge.  Thank you dear Ghas, very good evening to all of you. Today's session, the characteristics of suits under section 92 is an important aspect for as far as a trial lawyer is concerned. Before dealing with the subject as such, I would like to tell you some introductory remarks regarding the right to file a suit. Now, in some of the sessions which I have taken for this Beyond Law series, first appeal in the civil appeals, first appeals I have taken a session where I have highlighted the difference between right to suit, right to file a suit and right to file an appeal. Now, as you are aware, right to file a suit is a common law right. It's a natural right. No statute provides, not even CPC provides that every person has a right to file a suit. Section 9 speaks in a different tone. So, right to file a suit or I'll put it the other way, right for an original action. Let it be a suit or let it be a repetition or let it be any original action is a common law right, generally speaking. Of course, there are certain exceptions but I'm only in general terms I'm telling you. But in so far as appeals are concerned, normally appeals are statutory rights. Right to file an appeal is a statutory right as in the case of an original action. No litigant can, as a matter of right, barge into a courtroom for filing an appeal. So that is the essential difference between original action or here in our context, right to file a suit and a right to file an appeal. So that is if that principle is kept in our mind, now we will go to the other aspects. Before going to section 92, I think we will refresh our mind regarding section nine of the Code of Civil Procedure which says the court shall subject to the provisions here it contain that is important. The court shall have jurisdiction to try all suits of a civil nature accepting suits of which their cognizance is either expressly or impliedly barred. So the wording which is put in the parenthesis clause in the bracket subject to the provisions here it contain. So the court shall have jurisdiction to try all suits of a civil nature accepting the suits which their cognizance is expressly or impliedly barred subject to the provisions here it contain. So this is section nine. Section nine as such does not confer a right on individual to file a suit but then it recognizes the existing right of a person to file a suit subject to the provisions in the CPC. Now, for example, subject to the provisions in the CPC can be seen from the CPC itself because if you go to section 80 CPC, 80, you will find that suits against government can be filed only after issuing a notice as prescribed in subsection, correct. In the section itself, yes, the main body of the section itself. Notice, two months notice, next before see suit can be instituted two months next after notice and writing has been delivered to the officer specified therein. So in subsection one itself it is mentioned. So you can't in the case of a suit against government you can't straight away file a suit if it requires no urgent relief. If there is an urgent relief then of course you can see the leave of the code to instituted but no interim orders will be given. So that is the rule in section 80. Then section 91, if you take section 91 CPC you will find suit against public noisances can be instituted only by two categories of persons. One is a look at general by himself or personally he can do that. Or the second category leave two or more persons with the leave of the code can instituted suit under section 91 to remove public noisances. So if you read section nine one thing is clear there is a right to file a suit there is a recognition of right to file a suit subject to the restrictions imposed by the CPC itself. Now if we understand that in the correct perspective then comes the specialty of section 92 suit. Now before going to 92 once again I may digress a bit and I'll take you to the heading of the section first. Section 92 says public charities. Now public charities is an expression not defined neither in the CPC nor in any even you can't define the definition in any of these statutes unless some provisions are there in the IT Act probably this charitable trust and some other expressions are there but the word public charity is a general expression. For the purpose of section 92 CPC public charity means charitable or religious trust. It can be an express trust or a constructive trust that I shall explain later when we dissect the section I'll explain. So any express or constructive trust created for public purposes of a charitable or religious nature according to CPC will fall within the scope of section 92 CPC. So that is the principle to be understood. Then you are aware Indian trust act 1882 which came into existence along with the transfer of property and his men's act same year. 1882 intent trust act applies only for private trust. It doesn't apply to public trust or public charities. In India except some state enactments like in the erstwhile Madras province you will find HR and CE act two religious and charitable and no men's act. Original act was prior to independence and it was reenacted in 55. There are so many enactments pertaining to administration of temples or muts but there is no codified law as such for the general administration of other charitable trust of other nature, not religious trust. Likewise state enactments were prevalent in Trivancore state also in earlier part B states Kerala. We have Cochin state and Trivancore state and British Malabar. These are the three components of present Kerala state which were in existence prior to our independence. So there are some, what I'm trying to tell you is that there are some local laws relating to either religious trust or charitable trust but there is no pan India law governing charitable trust. So what is the law then applicable to this public charity or charitable trust? In England they follow these principles called equity, justice, equity and good conscience. Justice, equity, good conscience principles are followed in the matter of administration of public charities. Here also we follow the same thing because in the absence of a codified law, central law, we follow the principles of justice, equity and good conscience for understanding the administration or the nuances relating to public charities. So in this background, I think we will go to section 92 and analyze the provisions. I shall just read one portion of section 92 before splitting the statute, I mean, statute of conclusion. Section 92 says like this, in the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious teacher or where the direction of the court is deemed necessary for the administration of any such trust, the advocate general or two or more persons having an interest in the trust and having obtained the leave of the court may institute a suit whether contentious or not in the principle civil court of original jurisdiction or in any other court empowered in that behalf by the state government within the local limits of whose jurisdiction the whole or any part of the subject matter of the trust is situated to obtain a decree. So then what are the decrees that can be claimed in a suit? I have been mentioned in clauses A to H in section one of section 92 that we will see later. So this body of this substantive part of section 92 says there are certain prerequisites for instituting a suit under section 92 in respect of public charities. Let us dissect the section now. The section applies when there is a breach of any express or constructive trust. Express trust means trust created by a document or the terms of which can be discerned from a particular document or from a course of conduct. Whatever it is, everyone knows how the trust functions. That is an express trust. There can be constructive trust also because there may not be a written document for that but then custom usage, so many things, mainly in religious matters, constructive trust can be inferred. So whether it be an express trust or a constructive trust, section 92 may attract, provided other situations are satisfied. What are the other situations too? The trust must be for public purpose. That is very important. If it is for the benefit of a family or a group of named persons, then section 92 doesn't apply. It applies if it applies, the section 92 will come into play only when it applies to the general public. Those who are interested to know the difference between public trust and private trust, please read Devaki Nandan. I think it is 1954 Supreme Court. I don't remember the page, Devaki Nandan. That's a larger image decision by the Supreme Court. Devaki Nandan is a classic decision which describes the distinctions between public trust and private trust. 54 Supreme Court, I don't remember the page. Please look into that. Those who are so interested in understanding the difference between a public trust and a private trust. Anyway, section 92 applies only to public trust, not to private trust. So the first condition is that when there is a breach of any express or constructive trust, a person can approach the court with a suit under section 92. Two, no, that alone is not sufficient. Two, the trust must be for public purpose. So the trust in which you elect a breach of trust must be existing for a public purpose. Then three, public purposes must be either charitable or religious nature. So these are the three essential things for filing the suit under section 92. I'll repeat, when there is a breach of any express or constructive trust, two, the trust must be for a public purpose. Three, public purpose must be either charitable or religious in nature. So when these three things are attracted, probably a person may institute a suit subject to the provisions in the, subject to the conditions in section 92. Of course, these three conditions by themselves may not permit him to do that because other things have to be complied with that we will see later. So this is the one important aspect. First thing to be established for filing a suit is there is a breach of any express or constructive trust and the trust is for a public purpose. And public purpose must be either charitable or religious in nature. Then the other part of the section says, the section applies in further some other cases. What are they? Where direction of the court is deemed necessary for the administration of a charitable or religious trust. So even if there is no breach of any express or constructive trust, a person can approach a court, principle civil court of original jurisdiction as provided in section 92. If a direction of the court is deemed necessary for administration of a charitable or religious trust. The classic example probably I may point out at this juncture is that, suppose a charitable trust is smoothly functioning, there is no dispute, there is no breach of trust, nothing, but then there is no codified rules or regulations for its administration. As you assume a situation, there is no complaint against the functioning of the trust, you don't have a certainty as to certain aspects or the deteriorities of the administration, there is no certainty by forming a rules or regulations. Then in such an event, probably the beneficiaries or the trustees themselves may approach the principle civil court of original jurisdiction for framing a scheme for the trust. So that option is also provided in section 92. So there need not be always a breach of trust. It can be otherwise also. So two aspects may broadly, one, when there is a breach of trust, breach of any express or constructive trust, the trust being one for public purposes of a charitable or religious nature, suit can be filed. Or even if there is no breach of trust, where direction of the court is deemed necessary in a given situation. For the administration of a charitable or religious trust, then also a suit can be filed. So there are two situations I pointed out now. Now, then who can approach the court? Probably the next question, who can file a suit under section 92? Because I told you at the outset that a person agreed can approach a court without any, what you call restriction because everyone is at hand to get an original action initiated. But in the case of section 92 suit, no single individual or those who do not prescribe a particular qualification cannot file it. Who are they? Who can file a suit? It says advocate general can file a suit all by himself. He need not require any sanction or because he is a constitutional force to recognize. So advocate general, in case of any breach of trust or if he feels for valid reasons that direction of the court is deemed necessary for administration of a public charity, then he can file a suit by himself without seeking any leave. Then second category of persons who can file a suit under section 92 has also been mentioned in the section itself. Two or more persons having an interest in the trust can file a suit. But of course, this right also subject to other conditions. Two or more persons having an interest in the trust can file a suit provided they obtain the leave of the court. They cannot simply go and file two persons saying that, yes, I mean, we are interested in the trust. So there is a breach of trust. Please receive our suit. No, they should obtain leave of the court. That is that I'll explain later. So there are two categories of persons mentioned in section 92. One advocate general in his official capacity can file it. Two or more persons having an interest in the trust can file a suit subject to other conditions. The expression interest here, they can be beneficiaries. They can be having other interest in the trust. Or, see, their interest shall not be adverse to that of the trust. That is what is mentioned here as interest. Interest can be in many ways. Suppose it's a religious trust. Even a worshipper can file a suit under section 92 provided other conditions are satisfied. Or in the case of a public charity, existing for, I mean, constituted for helping the poor. He may not be a beneficiary, but then he can be a well-missured. If he shows that he has an interest in the continuance of the trust, he can file a suit. So interest is very elastic. Let's say, very wide expression, having interest in the trust. So who can approach the court? You will find two sets of persons. One advocate general in his official position and two or more persons having an interest in the trust, interest in the public charity, religious or charitable trust can file a suit. Then, as I told you earlier, they cannot simply file a suit saying that, yes, I have an interest. When two persons approach the court, they must satisfy the conscience of the court that they have an interest and there is a possibility of maladministration or misfeasance in the trust and they should be given leave to institute the suit. So it is their initial burden. Even before the suit being numbered, their initial burden is to convince the court that they have a cause of action against the defendants named in the suit and they are standing up for the trust and the defendants who are supposed to be in the administration, the defendants who are in administration of the trust are supposed to manage it in the proper way. They are not doing it and the plaintiffs are affected by that. If that is established before a principle civil court of original jurisdiction, then with the leave of the court, they can file. So it is, see, we have seen in section 80 CPC a notice, two months notice is required for filing a suit against government. But in urgent situations, court can dispense with the notice. But you will not get an urgent relief, that's all. In the case of section 92, such a provision is not there. Unless you obtain the leave of the court, you can't file a suit or two persons cannot file a suit is clear because there is no provision to dispense with the leave which is required for filing, which is a sign or not. Now, in one Kerala decision that was actually rendered by Hon. Mr. Justice K.T. Thomas while his lawsuit was serving as a judge of the Kerala High Court, which says, quoting some other High Court decision, saying that the leave mentioned in section 92 is a mandatory condition because only after obtaining the leave, you can file the suit or it is a condition precedent for filing the suit. You can't file the suit first and then obtain leave. No, that is not possible. You have to obtain leave first and then file the suit. Other way around is not possible. That is why it is called leave is sign or not for institution of the suit. I'll put it very clearly. Even in section 80, suppose a suit is filed against the government without sending notice, probably the court can allow you to send a notice and you can take back the complaint and after period of 60 days, you can institute the same complaint because institution takes place but probably you may not get a relief, urgent relief. But in the case of section 92 suit, even the institution does not take place because you are aware section 26 CPC says about the institution of the proceedings. Institution is defined in section 26, one second I'll take. Institution of suits, every suit shall be instituted by the presentation of a complaint as may be prescribed. That is 26. But institution has defined in section 26, never takes place in the case of a section 92 suit if that is instituted without obtaining leave of the court. So I repeat, leave of the court is required essential for institution of a suit by two or more persons interested in the public charity and leave is a conditional precedent. It's a sign or not. So that is why I say that there are some specialties attached to the suit under section 92. Then the section itself says normally if you understand before going to section I'll just tell you some other principles. Normally we understand from section 15 to 20 CPC that where the suit can be filed is governed in those provisions. Place of suing that falls within section that heading in that heading. In the section 15 to 20 we usually apply every suit shall be instituted in the court of the lowest grade competent to try that is section 50 where the subject matter is secured. So many prescriptions are there 15 to 20 CPC. But in section 92 clearly says that it shall be filed in the principle civil court of original jurisdiction or in any other court empowered in their behalf by the state government within the local limits of whose jurisdiction the whole or any part of the subject matter of the trust is secured to obtain a degree. So essentially it can be filed in a principle civil court of original jurisdiction or in any other court as empowered by the state government in respective states. But the condition is that the subject matter the subject matter of the trust must be within the local limits of the court. So principle civil court of original jurisdiction is also defined in CPC you read section 4 sorry section 2 subsection 4 2 deals with definition subsection 4 district means the local limits of the jurisdiction of a principle civil court of original jurisdiction wherein after calling the district court and includes the local limits of the ordinary original civil jurisdiction of a high court. Because in normally it is not there except in earlier it was there in the chartered I court when chartered I courts were there. So district court what we understand is that the normal jurisdiction of the principle civil court is called a district in the CPC. So to put things in a simple way it is clear that the suit under section 92 has to be it has to be filed before a district court normally. But in Kerala there is a situation I don't know whether that is applicable to other states. There is a notification by the government of Kerala in the year 1968 which empowers the subordinate judges court also to entertain suits under section 92. That is in North India probably it is called as civil judge senior division. Here in Kerala we call it subordinate judges. Anyway his court is also now designated or delegated with the power in the section 92 in Kerala in other states also there may be some notification I don't know. So going by the section it is clear that a suit under section 92 can be filed only before the principle civil court of original jurisdiction which is the district court normally. Then I told you earlier that this is important the subject matter of the suit must be situated within the jurisdiction of the principle civil court then only it can be filed in a particular principle civil court. Wherever it can be either in full or part even one part in one district and the other part in the other district you can choose. Then so these are the broad aspects I will sum up later and these are the broad aspects if you dissect section 92 these things are discernible. Now coming to release what are the release claimable under section 92. Section 92 A to H 92 1 A to H clearly enumerates the release claimable in a suit under section 92 removing any trustee clear there can be any doubt or there can't be any ambiguity removing any trustee trustee who is committing breach of trust or not acting in accordance with the direction in the trustee he can be removed. So any either advocate general himself or two or more persons having interest in the trust public charity with the leave of the court can file a suit for removing any trustee then B appointing a new trustee because once a trustee is removed certainly another trustee must take his place otherwise there will be vacuum in the administration so once a person is removed the corollary is that appointing a new trustee also can be claimed as a relief then directing a trustee who has been removed or a person who has seems to be a trustee to deliver possession of any trust property in his position to the person entitled to possession of such property suppose the trustee removed holds the trust property against the terms of the trust then of course he should be asked to return the property can be movable property or movable property whatever it is so that relief also can be claimed then directing accounts and inquiries taking inventories asking the trustee to furnish accounts if the trustee is removed certainly he is bound to account for the the profits that he has derived from the trust or rather either lawfully or unlawfully whatever it is he has to account for that then declaring on portion of the trust property or the interest therein shall be allocated to any particular object of the trust now suppose there is some ambiguity assume a trust where there are lot of income and there is some ambiguity regarding the application of income to various objects of the trust and there is if there is no clarity probably the one of the persons even in the administration can approach the principle civil court and seek its advice because the subsection one says where the direction of the court is deemed necessary for the administration of any such trust that is also a relief claimable so which portion of the property or interest therein shall be allocated to any particular object of the trust can also be decided in a litigation it can be a contentious litigation or it can be an uncontested suit then if authorizing the whole or any part of the trust property to be let sold, mortgaged or exchanged because it is a public charity no trustee can as a matter of right, sell, lease out or create a mortgage or exchange trust property so the permission of the court is required principle civil court of original jurisdiction should grant a permission to any person in administration of a public charity to alienate the property in any manner that is covered by subsection clause F and I will tell you one thing or in this context because the concept of trust in India if you read the Indian trust act you will find there is a vestigial property in trustees so the trust property in west with the trustees that is it is not ownership there is a difference between suppose you purchase a property the absolute right vests in you that type of vesting is not there but then for all practical purposes he is vested with the responsibility of administrating the trust and therefore there is a vestigial so that is why since there is a vestigial of administrative right and the property in the trustee you should leave of the court for alienating the same that is the principle behind subsection clause F then settling a scheme I told you earlier suppose there is there is a trustee running very smoothly no problem but then there is no written scheme and you find that it is better to have a written scheme for the administration so even the trustees or the beneficiaries however can approach the court and for settling a scheme even in the case of removal of trustee also the acolyte in the administration that also can be corrected so settling a scheme is very important and such suits are very common in at least in our state for settling schemes suits are being filed then granting such further or other relief as the nature of the case may require that is a respiratory clause H 90 to 1 H says granting such further or other relief as the nature of the case may require because the legislature thought it fit to leave it as a respiratory clause because all the situations in respect of administration of a public charity cannot be contemplated visualized so a respiratory clause is added as clause H saying that the court is having power to grant such further or other relief as the nature of the case may require the one decision by supreme court that is a year 1973 supreme court 371 Saren Singh's case it has been clearly stated that clause H is to be understood as a provision as a provision which is in age of stem generous with A to G and it is a relief akin to the other release claimable under A to G so there must be some nexus totally different purpose H has to be understood empowering a party or parties to file a suit under section 92 for getting any relief which is not directly covered by A to G but then the relief claim must have some nexus with A to G so these are the these are the nature of suits that can be filed these are the release sorry these are the release that can be claimed in suits under section 92 then subsection 2 may not be relevant for our purpose because that is prior to independent situation which subsection 3 to section 92 is worthy of mentioning which says because there is a principle called doctrine of see prey actually that's I think it is a french word see why PRES doctrine of see prey says that to the extent suppose in a case where there is no written document for trust things have been working in a particular fashion and after some time there is some difficulty in working that but then still there is no breach of trust everybody are well-meaning fellows they don't want to do anything wrong so they have to see suppose there are 10 objects for the charitable trust two of them have become obsolete unworkable then what is to be done there are surplus amounts also so they can approach the court asking its intelligence for what you call rescheduling the administrative sector I'll just read some of the provisions therein the court may alter the original purposes of an express or constructive trust created for public purposes of a charitable or religious nature and allow the property or income of such trust for any portion there have to be applied see prey in one or more of the existing circumstances to the extent possible it can be used where the original purpose of the trust in whole or in part have been as far as may be fulfilled suppose the original object of the trust have been fulfilled but still there are income where other sources of income then what is to be done then the court can decide or cannot be carried out where the original purpose of the trust the whole or part cannot be carried out at all or cannot be carried out given in the instrument creating the trust or where there is no such instrument according to the spirit of the trust if it cannot be carried out for example the object is frustrated then what is to be done so the court can give a direction in such situations then be where the original purpose of the trust provide a use of a part only of the property available by virtue of the trust suppose only a part of the property is to be used for the the objects for which the trust created then what about the other part nobody knows so you can get a direction from the court to apply the the other part see pride to the object of the trust see where the property available by virtue of the trust and other property applicable for similar purposes can be more effectively used in conjunction with and to that end can suitably be made applicable to any other purpose regard being had to the spirit of the trust and applicability to common purposes so same same thing similar purposes suppose there are diversification possible that also can be done then where the original purposes in whole or in part were laid down by reference to an area which then but was since seems to be a unit of such purpose for example if you take the case of before partition because it became into existence in 1909 suppose this a trust was formed for benefiting certain persons or villages as you villages at the time of partition some villages was had been added to Pakistan then that portion can be used trust can be used so it can be modulated the application of the response can be channelized then where the original purpose in order part since laid down I mean adequately provided by other means as being useless or comfortable to the community or seems to be in law charitable or sees any other way to provide suitable and effective method of using property available by virtue of the trust regard being had to the spirit of the trust so these are the other conditions provided in E where the court may alter the original purpose of an express or constructive trust created for public purposes so this is subsection 3 actually it is a very rare situation normally it doesn't arise but even for such a contingency there is a provision made in the section itself so if you ask me to some of the special characteristics of a suit under section 92 I would say that it must be relating to an express or constructive trust of a charitable or religious nature then only it can be called a public chat it must be relating to an express or constructive trust of a religious or charitable nature then only persons named in the section can file a suit either a do-get-gentrant or two or more persons having an interest in the trust interest can be a beneficial interest or other interest possible it must be a lawful interest that's all then they can with the leave of the court they can file a suit under section 92 and leave as I told you repeated leave under section 92 is a sign equal or not it is a condition precedent for institution of the suit as we understand the expression provided in section 26 of the CTC itself institution doesn't take place unless we obtain the unless two persons obtain the leave and one more aspect in this context no the leave can be granted by the court even ex-party it may not see before granting the leave and need not be heard normally what happens is that when a suit under section 92 is filed the leave petition should contain all the details required to understand that the persons have interest in the public charity and the suit is pertaining to by a public charity and the indulgence of the court is required going by the governments in the play and the application and also the release fall under A to H of section 92 so if all these conditions are mentioned or satisfied then the court can grant indulgence there are some decisions by KLI court which says that the leave application must be in the form of an original petition OP original petition and after allowing that original petition the suit will be numbered there is another practice also here suit will be filed a plane will be instituted along with that an application will be also filed detailing all the aspects in the plane elaborately mentioning and that application will be considered first and then suit will be numbered but that is of course there is a conflict of judicial opinion there are two views possible the view that original petition has to be filed by being appropriate and then after obtaining the leave expatriate of course then the suit can be instituted appears according to me that is the correct view because if you file a suit and then an interlocutor application therein so without without numbering the suit you cannot number the interlocutor application numbering can take place can take place only after institution of the suit if for institution leave is required suit would not have been numbered at all so that is my point actually numbering is an administrative exercise numbering the suit is an administrative exercise but for that there must be an authority given to the officer concerned to number the suit number the suit is a process after institution so if a suit under section 92 can be instituted only after obtaining leave it can't be numbered and in a numbered suit there cannot be an interlocutor application called IE no that is theoretically not correct so according in my personal view the suit is better to file an original petition by paying appropriate code fee and where you should state all the details you should mention all these things the suit is pertaining to a public charity it is a charitable or a religious nature and the persons in administration are committing either breach of trust or they are swiveling the trust property and you the plaintiff the petitioners must show their interest in the property or in the trust and they should convince the court that the release claim in the suit that is going to be filed fall within A to H if all these conditions are pleaded and satisfied what can grant you an ex-party order and thereafter the institution takes place that appears to be the correct view but two views are possible there are two lines of thinking and just placing that matter for your consideration then anyway the institution has to take place only after obtaining leave and the given even ex-party even without hearing the defendant there is no bar in that in a year 91 Supreme Court there is a decision which says that if an ex-party leave is granted the court is having power to revoke it when the defendant appears and show sufficient cause for revoking it suppose the defendant appears in a case where leave had been granted ex-party defendant convinces the court that no this leave should not have been granted at all the plaintiffs have no interest in the trust or the dispute is not pertaining to a public charity or the leaves do not fall within A to H if these things are established by the defendant then the court is having power to revoke the leave once granted because there is no what do you call it there is court's hands are not tied once leave is granted no no I am helpless no that is not the way court is still having power to revoke the leave if it is granted ex-party but if it is granted after hearing both sides the same court cannot revoke it it is for the appellate court to revoke it if the leave is granted after hearing both sides that is the only difference then the suit must be laid before the principle civil court of original jurisdiction that is normally as we understood the expression it is the district court but in some states as in Kerala there can be a dedicated jurisdiction to subordinate this court or other courts I do not know then release must be under A to G or at least falling within H which is akin to A to G so these are the basic characteristics of a suit under section 92 which these characteristics makes these characteristics together make the suit of this suit under section 92 a suit of a special nature that is why we are discussing today about that so I think I have covered all these aspects relating to public channel base in respect of section 92 and I think because we go for this question and session so please so as usual the session has been explicitly explained now one question is he has only said please clarify whether there is any limitation applicable in the case of acquiring immobile property through public trust under the present laws in Karnataka or what is the difference between financial transaction existing between the private personal trust with accounts of HUF under the idea because probably that appears to be a very complicated question I can answer one part of the question because if you read section 10 of the limitation act you will find the answer section 10 of the limitation act says there is no limitation for pursuing the trust property if it has gone to the wrongful hands it can be pursued anytime there is no law application applicable in the case of constructive trust sorry express trust in the case of constructive trust probably 12 years may apply the other aspect I am not able to answer because it is something special to Karnataka which I am not very familiar so I am going to answer that that's fine and whether a trust can institute a suit for permanent injunction against a person trust as such is not a body corporate a managing trustee if he is authorized by the deed of trust he can file a suit no doubt about it because he is bound to protect the trust property if somebody is trying to trespass upon the trust property it becomes his responsibility to see that nobody is trespassing into it so he is entitled to file a suit but understand one thing trust is not a juristic person like a company or a society registered under the society's act it is not a juristic person it is actually a creation of the deed itself and of course the person in administration has every right to file a suit and no permission is required for that because he is trying to protect the trust property the next question would be whether a seal of perpetual succession arises in a trust no it doesn't apply see the entity of course the entity is perpetual but that is why I told you it is not a legal entity a trust is a it is an entity created by the parties it doesn't have a status backing for two reasons one we don't have a codified law in respect of public charities second thing the concept of trust is that it vests with the trustees the property vests with the trustees in the case of a company under the company's act or a society registered under the society's registration act it has a permanent seal and succession it is a juristic person it can sue can be sued in the case of trust it acts through individuals who are at the helm of administrative affairs that is the difference so how is the let's assume there is a liability how does it arise in the trust liability liability arises if it is because of the mile administration or what you call misfeasance on the part of the trustees even a beneficiary can question it it can be realized from him suppose I will put it the other way if the trustee himself commits a breach of trust or causes loss it can be recouped from him or suppose the trustee is keeping what you call loquam attitude towards somebody doing a mischief then also he is liable because limitation act provides for such suits there is no power of limitation so trust property can be recovered even by a beneficiary it may not be by the persons in administration alone who is benefited by the trust also can file an action to reaping the what you call or getting back the property lost by the trust so there is this who can be filed either by the trustees if they are honest they themselves can do that if they are dishonest beneficiaries can do that and they can also seek removal of such persons and appointing new trustees also can be played yes sir thank you these were the questions and thank you everyone for having stayed connected and those who have missed our previous webinars then one can always watch the youtube channel of beyond law clc they can like, subscribe and share thank you everyone stay safe, stay blessed


What I want to do is I want to rewind back about ten years ago This is this is what I've been a system administrator for 15 years And this is when I was a little system administrator and I worked a I worked at a place in Kingston One of the cool things about being a system administrator is we get can we get a lot of computers, you know broken ones We bring home and we fix them So I had a lot of I had a lot of computers At my house bringing them home girlfriend wasn't too happy about that There's there's one thing that I was trying to do when I got all these computers I was downloading a lot of movies a lot of wares a lot of you know like music and stuff like that and At the time they only had like 200 gig hard drives 100 gig hard drives 200 gig hard drive was pretty big and expensive back then so I got all these computers going in a room and I Wanted to make it so that I could access all the computers As a distributed system, but make it look like it was in one place so I only had to go to one place to see my movies or Listen to my music or whatever So I was like there's not there wasn't really anything out there that could do that on a from a Linux perspective that I could or a Windows perspective that I could Think of right away What what I actually ended up doing was I looked at the way live CDs worked and How they how they merge themselves into memory and make it so that you can actually run a distribution a Linux distribution and Still right to RAM as if it was part of the file system that technology is called union file system or a ufs anyhow, I was I was getting I I found a way to make all these computers work together and Provide me a single point of view for my file system There was a few problems with it. It wasn't reliable if one of the computers went down I would find myself Just missing that data the stuff the system would still work I would just be missing the movies folder or something like that You know or my music or part of my music depending on what part of the the union file system was missing anyways So it wasn't reliable and it was I had to do a lot of organizing so you could only rate to one place one server at a time So it was kind of was it was a lot of micro management and stuff like that so anyhow Girlfriend and I broke up. I gave her the computers came to Montreal got a new job and this is ten years after and The new job. I'm actually working for I was working for a muco at the time helping them build an open-stack cloud Actually before that I was a windows administrator. You guys all love us. I bet But then I got forced on the project The open-stack project and the thing that I was forced to do was learn sef I was like, I don't I didn't really like the fact that I was you know forced into An open-source project that I knew nothing about However, as I started to get you know started to get into it I realized this was the holy grail of storage. This was everything that I wanted ten years ago It's too bad. I didn't bring my computers, but I must say it's pretty awesome this sef stuff It's a distributed storage system. It runs it runs off of something called rados and crush The way I like to view it is rat rat us as like, you know in business. They have policies and procedures policies are there to be defined and then you design procedures to To commit to policies so it's like procedures drive your policy policies like the direction you want to go The way that that's the way I kind of see sef and and it's too too main logical components rados is like the policy and Crush is like the procedure the the way that it goes about defining the the policy So I'm gonna I'm gonna tell you what the the acronym for rados stands for it stands for reliable autonomic Autonomic means self-organizing in case you guys don't know D is for distributed and The OS is for object storage This is a new technology. It's it's it's really awesome. It is reliable. It is self-organizing It's it it allows you to store vast amounts of data solves all kinds of storage issues so anyways when I was When I was at or a mute go and I and I discovered this holy grail of storage I started playing around with it and I was seeing speeds of like that the bottleneck literally if you got a few SSD drives in a Node the bottleneck on this on a node is the is the 10 gigabit network cards If you've got them bonded or link aggregated you can see upwards to 20 gigabits per second So we're talking about very very fast reliable Storage and it's it falls a Linux methodology of do something and do it really well I'm right now.  It's definitely worth picking up and learning Now I want to get into crush That's how it goes about being reliable self-organizing It stands for crush stands for Better check my notes here That's It's a little tired today crush stands for controlled replication under scalable hashing if you it's Yeah, yeah, so hashing is what helps it be helps it be safe and reliable The the replication also does that the fact that you typically when you start off with a Seth cluster, you'll have you'll have a minimum of three control three Well, no, you're actually what typically you'll have You'll have six nodes Or if you're just doing it if you're just doing an experimentation just to check it out You'll have four because you're gonna have monitors which keep track of the health of your cluster and tell Your clients whatever's trying to connect and pull data from the cluster it tells The clients where the data is which object storage device your data is on So you have a monitor during the sets of three there are not numbers because you need to maintain a quorum Which means that you can't have two or an even number because something Something could happen where An even amount of servers are down There's no witnesses to see who's you know, which which server has control of the cluster So that's why you typically want to have three servers. So if an odd if an odd number goes down You'll still have you'll still have quorum So you could have like if you have three If you have three monitor servers one can go down and you'll maintain quorum if to go down you won't Your entire cluster will be unusable You have storage nodes. They are pretty much just they just host hard drives and They have daemons object storage daemons called OSDs that sit on the hard drive and They are what allows you to store all the information all the vast amounts of information. Oh Sorry I stepped on the cord yeah, so I Also wanted to get into the differences between Seth and Legacy storage like sand and NAS This I'm sure everybody here knows what a sand a storage area network is or a nazi's network attached storage the difference between those two sand is runs at a lower level where you're you'll be able to You'll be able to format a You'll be able to format a hard drive as if as if it's as if it's part of the operating system for a sand for a nazi it's actually Formatted the hard drive for you and presented the storage it through a number of protocols like FTP server message block and so Well, it looks like it's locked So those are the two those are the two Two main forms of legacy storage one of the problems of legacy storage is that you have a you have a single point of Contention so whenever your your client wants to talk to your sand or your NAS it has to go through a controller that Is typically it can be 10 gigabits or a hundred a hundred gigabits 40 gigabits usually 40 or 10 But that's a single point of contention. So all of your communications to your Sand or your NAS has to go through that point and It it's the more storage you add the the more of a point of contention that that becomes With Seth, I like to I like to look at it as terraforming It's a peer-to-peer protocol So when your client actually needs to talk to the cluster it can talk to any of the nodes at the same time So the the the storage capacity and speed scales linearly you add a storage node you get You get 20 gigabits of performance from that from the cluster added Instead of when you add in legacy systems you add more storage it becomes slower the entire The entire infrastructure becomes slower That's so that's one other thing I wanted to go over Yeah, well, that's that's pretty much about it. That's I tried to convey my Enthusiasm to you guys. Do you guys have any questions about stuff?


Hello everyone, I'm Alicia Woodruff and welcome to the Fort Report. February is Black History Month across our nation. It's a time to celebrate our diversity and its growth and recognize the contributions of leaders and everyday heroes in the African American community. It gives us an opportunity to look at the accomplishments of African Americans to the overall history of here in America, what we've done, what we're doing right now because it's a continuing process of history in the making to be aware of it. The fact that that African Americans play a major role within the overall city's growth and development and the diversity and that's one of the things that make Fort Worth so so important. While a national celebration, the history and contributions of the African American community in Fort Worth both in the past and as we grow as a city today gives our city plenty to celebrate as well. Dr. Gwynn, who was the first Black to serve on the Fort Worth City Council, Walter Barber served on the City Council. So there's a significant number of African Americans who have taken leadership roles and moved the community forward. So it's quite significant along with many of the people that we have on board right now, probably one of the only historic heritage center, the Center for Stop Six Heritage, where we've actually gone in and documented the history of a neighborhood. So these are some significant things. While we're thinking about those who struggled for civil rights, February is an important time for one of the most important civil rights, voting. City Council elections are set for May 11th and those interested in seeking a seat must file an application for a place on the ballot by March 1st. 2013 is an important year for municipal elections because this will be the first with the new council district boundaries approved by the U.S. Department of Justice in 2012. New boundaries mean that you may not be voting in the same district, so don't wait to find out which district you are in. You'll find candidate information and a tool to look up your council district at FortWorthTexas.gov slash elections. And don't forget you must register to vote or make any needed updates to your voter registration by April 11th to vote in your district for the May election. Visit your county election website or visit votetexas.gov to learn more. And now, for some other dates you'll want to remember, let's take a look at the calendar. Our list of more events and city meetings, you can always check the calendar at the city's website.


President of Baseball Operations, Dave Dombravsky, who we were just talking about, kind enough to join us. And Dave, you know, this game is so interesting today. We talk so much, and that's what makes the sport fun, right? About moves and about different strategies. But look, you're the perfect blend of old school and new school, and when people talk about you, they talk about the same thing with Alex Cora, the communication. Nobody better about it, right? So how have you managed to take old school and new school with your new manager and combine that where it works for everybody? Well, that's a great word, and I think any successful business communication is a key for it. And so you need to talk things through at times, but you also have to have an open mind because you're always trying to get better. So if anybody can get you better at anything you're doing, it's just like these guys, if somebody tells them something as great a players as they were, and somebody says, you know, if you maybe do this, and they get a little bit better, they're open minded. My job's a lot different than that. But having great people around you that keep you open minded towards ideas and blending it with the experience that I've been fortunate enough to gain and having good people around me, you try to integrate all of that to make it work.  So you're in a position where it's great communication. And I'm also, I know maybe old fashioned in this regard, but to me, if you have a manager, you need to let them run the club. Thank you, there it is. There it is, folks. And so to me, we communicate every day, Alex, and I do. But when it comes to making a lineup out or running, he gets all the information that he wants from all the analytical, the statistical, he's very open minded to it, all the scouting reports, that's his job. And how do you gain the respect of your clubhouse if they know upstairs you're making those decisions or sending those decisions down? And so you need to have somebody like that. And if you don't, you probably have the wrong manager. And in my mind, he's an outstanding manager. He has somebody like Tony LaRusa on our staff that he listens to. And where do you get that type of experience? But it's combined in all of that, and somebody that's open minded enough like Alex to do that. Dave, I think you're the unsung hero here.  I'm a Miami guy. Carrie, your wife, who was an anchor in Miami, was in my house. Did they, I got drafted interviewing me. So I've been a big fan of both of you. That's crazy. That's crazy, right? That's crazy. Just three years ago. It feels like that. Let's keep it that way. But when I think about you again, you said it best, old school, new school. When I spent time with Alex Cora this year, he said, Dave is the best. And Dave is the reason why we're here. He said, Dave gives me the information, exactly what you said. But never once has he messed with my lineup. Has he told me who to pick. He makes suggestions. And I listened to Dave, but he allows me free autonomy to go out and manage this team. Where does that confidence come from for you? 30 years, 21 years between championships for you. Congrats. Thank you. Yeah, a long time coming. And a wonderful feeling. Doesn't get any better, as you guys know. It's a situation where, I just think the experience that you gain in the game, and you're very, I've been very fortunate in my career to be around a lot of good baseball people. People in the front office, Roland Heeman was my mentor, a great baseball man. Bill Vak owned the team at that time. I went on Jerry Rhinestar, phoned the White Sox and, and going on and having good baseball people around me, that you're in a position where you learn certain things. But was around Tony LaRusso, when he first started managing, was around Jim Leland for all these years. And they need to be in charge. They're smart.  They're smarter than me when it comes to running a game. That's just the way it is.  It's a two to two game. You might say Bunt, you might say hit and run, you might say steal, you might say do nothing. Analytics has hit a home run. That's right, hit a home run. But you know what, those great managers, the LaRusso's, the Leland's, the Joe Tories, the Bobby Cox's, they may all disagree too. Right, right. But, but they have a reason why they're going to do it. They don't shoot from the hip. They know, and yet I think what's so impressive to me about Alex Cora and all those guys, they get all that information, but they manage with their instincts and got on the bench too. So they see something develop and all of a sudden they say, you know what, this guy's stuff's not quite as good. And I'm getting him out. I don't think this is a good matchup. I think this is a great matchup. And you've got to let them do those things because they work hard. They're there in the dugout. And I think those are things that I learned throughout the years, that you just have to let them do it. Listen, I'm actually a little over behind the scenes secret with y'all right here. I played Major League Baseball for 20 years. And when they didn't brush you, this gentleman take over the Red Sox. I had never seen a GM that worked the hardest he worked. He go to every road trip with us. He is in the clubhouse every day because he wanna figure things out. He wanna get the ball club better. Watching the ball club, one in the World Series right now, my friend, the minute you take over the Red Sox, I know it was gonna happen soon because the hard work and the work ethic that you have and the way you embrace all of us. I was telling the guys early today that the first thing you did when you take over the Red Sox was pulling me and Pedroia and asked us what we need to do to win the World Series. What did they say, Dave? When you had that meeting with them, what did they tell you? Well, first of all, both of them were extremely thankful to have the opportunity to get feedback. Sure, of course. And they talked about communication. They talked about the good young players that we had. But they also talked about we did some pitching at the time. Yep. And they also told me one thing too that I think you can only experience if you're there, the exceptional nature of playing in Boston and how it's different than some other places. And they're right because the passion, which is great, but you better have thick skin if you're gonna survive because you're in a position where there's a lot of daily criticisms that come attached to it, a lot of positives too. And they gave me the insight into those type of things. Dave, I want you to build winners year in and year out. I mean, from Miami to Detroit.  I got to witness that every night. You didn't win the championship, but you go come right over to Boston, you figure it out quickly. What has been the difference with the analytics in the past and they are now? Because everything has totally changed. I want to know from you, you've been building winners forever. Are you taking the old school with the new school and really get it in and get it out there? You gotta bring the family in. Come on in here. Of course. Of course, the family. This is the key right here behind this. This is the, I think it's interesting because I got married later in life, okay? I got married when I was 39. You were too busy, man. I was too busy working baseball. Building winners. But I think one of the things are when you have young children, it keeps you younger too. So you're always contemporary on things taking place.   But in many ways, it's some of the same things that I've learned throughout the years, maybe a little bit more sophisticated with different terminology. Okay. So, I mean, that's like somebody was talking the other day. Well, managers have been platooning guys. I mean, we were talking about Renneke and Lowenstein back with the Orioles back in the early 80s. I mean, most people haven't even heard of those guys. And it's like, yeah, well, they were doing that. And they were hitting, they were breaking our heart when I was with the White Sox at that time. So, but you know what? There's a lot of good stuff that comes from it too. But you need to remember for me that you need to, it's a people's game. It's a player's game. And if you've got good players, you have a good chance to win. And if you have good people in your organization. And so it's combining everything that you have. But it's also, we have great people in our organization behind. It's not me. It's the scouts that we have, the player development, the international operation, our front office people. And they all work together too, which is great. And when you've been part of our meetings, I was talking to Pedro over there before. We have an organizational meeting in 10, we'll have 25 people in there and they all give their opinions from all different aspects. Hey, Dave, they're saying we're running a little bit on time, but I want to ask you one last question. Uh-oh. Not so serious. If this guy gets a ring, tell me why he deserves a ring. Because if I don't, he'll squeeze me in the head. I gotta be honest, it's the first time he hasn't talked in a month. I'll get you later, bro. Dave, he has been your biggest cheerleader throughout the playoffs. I can tell you that much. Come on, thank you. I'm going with a team that won 200 games this year. I don't know what you're saying, man. Hey, come on. This is how we roll right here. This is how we roll right here. Dave Dombrovsky. I love it. Dave, congratulations. Thank you, thank you.  Dave Dombrovsky. Congratulations, Dave. The architect of these red socks. Congratulations, what's good. Pleasure, guys. Awesome.


It's Hopalong Cassidy With action and suspense out of the Old West comes the most famous hero of them all Hopalong Cassidy starring William Boyd The ring of the Silver Spurs heralds the most amazing man ever to ride the prairies of the early West Hopalong Cassidy This famous hero thrills his 60 million fans with action and dangerous adventure In the role of Hopalong Cassidy is the popular star of the motion picture series William Boyd and appearing as that laughable old character, California is Andy Clyde Now to our story killers of Sandy Gulch You won't find the name Sandy Gulch on any map because after a crucial fight between law and order on one side and Lawlessness on the other the town was renamed and has borne a spotless reputation since then But in the early days it wasn't easy going for law and order Decent people were afraid to go out in the evening the day the trouble really came to a head was one Saturday a Little Main Street was crowded for there were holding a trial The defendant William Taylor was accused of killing the genial and honest banker Watson As the verdict is being handed down the shirts leave jurors and judge squirm uneasily in their chairs Well, the prisoners stand and face the bench It is my duty as judge of this court to weigh the evidence in fact in this case It was a plain case of murder You William Taylor has admitted being there and you had a reason You've had a fair trial and you've been proven guilty Come on and get done with the talk and judge so we can get to the high end Biggy Griggs you're out of order if I hear any more. I'll clear the courtroom Order order in the courtroom. It is a sentence of this court that you William Taylor be hung by the neck till death Well, that's it boys. What are we waiting for biggy griggs?  We ain't waiting for long. It's too slow. Come on boys He's getting away head off the killer Right now the prisoners escape Taylor he's escaped the killer's rose now now calm down one thing at a time I was in the courtroom at Sandy gorge and there was gonna hang Taylor for the kill in the bank or Watson Who's they well? Why baby why what I meant was a he's guilty is all get out and biggy griggs Oh, I thought that name had been mixed up in it, but he was gonna leave the posse in the hang and why well Gosh come to think of it. Why you're right begin below and now suppose you put down the supplies and start at the beginning Yeah Well, like I said Taylor was guilty. He sure hoped it to had the look of a killer in these eyes But the important thing is Taylor did get away. Yeah, Taylor Why hoppy hop long cat city you mean you're glad this Taylor beat the law No, it's not that California Judge Calhoun's a fair judge fair judges have made mistakes Well, I'll be a banty-legged cowpoke the rest of my life if you ain't back in the hand or this Taylor Maybe I am I can't believe it Not you hop why was biggy griggs so anxious to get the hanging over. Oh of why I didn't be you let the law take its course Well, why is the sheriff himself tell me that he didn't think Taylor did the killing? Oh Cut it out hoppy ain't no you start you with you or ought to learn that you always got some darn good reason for thinking The way you do California, you know, I'll go the limit of the law to run down killers But at the same time if I think a man's getting a raw deal I know hoppy you'll fight like a bear cat to prove it. So You're thinking Taylor's innocent until a few things are explained to me. Yes. Well, we've been riding together a long time No, you ain't never been wrong yet. Yeah, and we're up. Well, what do we do now? Wonder who this is I Have to see mr. Cassidy. Well, please. I might see him this minute. Come on in Howdy miss I'm mr. Cassidy hop along cats. That's right. I miss a tailor mrs. Taylor You've got to help me mr. Cassidy. You just got now you're kind of upset just sit down a minute and tell me what's wrong It's my husband William Taylor. They're gonna hang him. You mean if they catch him, you know, we was just talking about it Please believe me mr. Cassidy William wouldn't kill anybody. He's in a strange town. He's being made to go for someone else I kind of felt the same way myself Then you'll help me on one condition. Where's your husband now? I can't tell then I'm afraid I can't help you But you'll turn him over to the law mr. Taylor. You came to me because you thought I'd help you Yes, yes, I did The man down at the bank said you were the only one who could help me now then I'll do one I can if you'll trust me All right, mr. Cassidy. I'm sorry good and take me to your husband if he can convince me is innocent I'll do my best to clear him very well from now on his life is in your hand He sure picked a whopping good spot with all these caves around here.  There might be some shooting. He doesn't see you first William Please William these men have come to help you. I don't believe it, but it's hop along Cassidy He's the law looks like you don't need no help copy mr.  Taylor. I can't help you do you give yourself up? They'd hang me they got a noose ready now you'll be in custody, but only the sheriff will know where oh, please do it They say William, please break in that jail in a minute. You won't be in the jail. You'll be at my ranch See William. It's the only way There was some way we could ride away from here. Well, they just follow you for the rest of your life Well, all right I don't know what else to do. Ah, that's right. I'll be dark soon. Suppose you tell me what happened Well, I saved a bit of money from the ranch You always wanted to get in a mine and read an ad in our paper back home in Tennessee Send a half interest in the diva mine was for sale. He reminded her why they didn't give up nothing But rattlesnakes for ten years quiet California. So Sarah and me came here. I bought $12,000 long. Where's the money now stole Somebody come to the hotel said banker Watson wanted to see me at his house and so I went and I took the money with me Somebody knocked it off when he came to the money was gone. Well, I then even coyote California California go on mr. Taylor Oh, well, I was just going in from the street to the banker's house when I heard a window crash out I didn't know what to do. Just then something hit me. You know the rest. Oh, that sounds honest Well, let's get back to the bar 20 and I want to write it and have a little talk with sheriff base If it ain't hop along must be something important to bring you to town is a man's life important according to who's it is Mine is not to you.  Go on. I thought you had some news Biggie griggs in the past. You're still out. Why is biggie so anxious to tie the knot? Why I don't rightly know just helping and you know something hoppy Taylor's the first killer I ever felt sorry for probably because in the back of your mind You don't think he's guilty Well, what did they lay at the game killing banker Watson? I don't know. He never said Said he had a letter from Bank of Watson, but he never produced it because it was stolen from along with these $12,000 are you believe that yarn? I think I know what a man is lying and Taylor didn't lie and what become of the money And the letter that's what I am to find out and you're gonna help me You know it's a funny thing Anybody else said that to me I'd gun with but being an honest lawman you'll write a wrong Well, where do we start is this the poker the killer use yep exhibit be at the trial I'll leave it where it is. I think it'll help us trap the killer now look Up here Well biggie any news on the killer I'm fresh Prince out in the caves with no sign of a sidewinder Well if it ain't a little boy blue hop along Cassidy something you wanted to take up with me biggie No Just wondering what snoop when you're up to now biggie hop along as an old friend of mine And if you can't keep a civil tongue in your head Vamoose I seen that old wall was a rise with you Asking questions of the hotel clerk. Yeah, and if he finds out what I think he will there's gonna be another trial But with a different defendant What do you mean by that did it hit close to home biggie while yellow liver? See chef remember that might come in handy sometime biggie's weak spot is the point of his chin I never hated a man of my life like I do you hop along Cassidy, and I'm warning you the next time we meet It'll be different Yeah, you got yourself a tough umbra there hop along. I'm aiming to keep him tough like it's not he's headed for his gunslinger He doesn't worry me sheriff. Well getting back to this killing We figured Taylor was mad at being took in on that minor deal So he killed Bank of Watson thinking he was to blame Why did biggie Greg spend the night at the bankers home well like biggie said the banker was afraid of his umbra That was what biggie says Well, I'll meet your banker Watson's house in a half hour.  No, I got to pick up the California and then talk to a fellow about a hound dog I don't know I just plan on sure if I'm not sure of anything yet. Oh, would you find out biggie plenty? Hop along Cassidy is digging into this killing. I don't like it.  Oh, but I don't feel good.  We got to move fast if he was going into the bankers house Oh, what do you mean?  It's me or him and I aim to still be around Now you see hoppy. This was the room banker Watson was asleep in when he was killed off for Grusham now out here in the hall Next door was where biggie was sleeping He got out in the hall just in time to see this fellow run down the hall and jump through the big front window I see Ran through this hall turned this corner went to the right room and jumped through a window. He didn't know was there And didn't know it was there Taylor just around the town an hour before he'd never seen the house Hey, that's right. He couldn't have so Taylor had to go into a strange room go to a fireplace in the dark Find a poker go back to the right room and kill someone he hadn't even met yet Why hoppy you're right a sheriff. Uh, you don't mind if we know it around a bit Ain't no log in it and well you're doing that. I got some looking up to do with the office See you later sheriff. You might drop by the office.  They ain't been open for 50 years All them spider webs across it. Yeah from side to side looks like them vines of monkeys swing on You know, california you just gave me the answer. There's something I've worried about I did Uh about monkey.  I'd like to take a look at that room where biggie slept This place has given me the shivers hoppy. Can she adjourn things? Hoppy Good work boys now get to the basement and set fire to that kindling Why don't we just gun them down? Nah When they find them in the ashes don't want no bullet holes are showing Man by the name of taylor was convicted of a killing and sentenced to hang But when biggie griggs and his gunman started to take him themselves the prisoner escaped Hop along is convinced taylor is innocent as he and california are looking over the scene of the killing They're gun whipped down Biggie and his men have started a fire in the basement the dry timbers eat up the lash and flames as hoppy and california struggle with their bond I'll try Roll over this way. You have to work fast Can't make it hoppy this stressor something's in the way and kick it over Oh good boy california roll over near that glass and see if he can hang on to a piece of it That's something quick roll over this way. Can you find me? I'm trying to hoppy Oh there we are Good old california I'll lie down with your back to mine. See if you can move your hands enough to saw the rope We ain't got much time the fire's coming under the door There you did it california You did it hold still now We have much time just hold You're safe hoppy There are you loose yep now for the rope around my ankle There make the window a jump cover two doors. I say I'll get out.  I have an idea who did it biggie great Who but well darn it. I can't but I wish a coup d'oeuvre Uh, what's wrong hoppy? I was just thinking by what? Funny no one comes to the fire Unless unless what quick california we got right into do What's a hurry it only means one thing Greetings has got another posse together and they go out at the tailor and they're probably headed to the bar 20 I'm with you hoppy.  I'ma just teach you. I just hope we're not too late to stop in california All right topper. Let's go Oh topper hold quick california to the hay barn. They've been here already hoppy.  Oh, mr. Cassidy stop them. They've been here I went out to talk to them And they beat me with a whip.  William's gone. He's nothing. Are you hurt bad? Oh, please don't worry about me. Please stop look you go into the house lock the doors and wait You bring William back. Ma'am if anybody can hoppy will Chef Chef face Maybe something happened to him with two hoppy. They he ain't here in his office Same gun slingers ain't stopping till they turn this town upside down Oh, you get me You might in here got a 45 bullet the gang got Taylor. They didn't know such thing We just wrote in from there Taylor's locked in jail in jail. He can't be yep It's my sworn duty to uphold the law and i'm a doler, but they beat you this time No such thing. I took the south trail through mesquite pass and beat him to your place Went in the hay barn took him out the back and headed for them cotton woods Never did see me good sheriff, but the jail's not much better. It's rotten. Ah, they'll rip it apart I ain't saying they can't take him But boot hill will have some more recruits before they make it now We have to do something and do it fast tamper's arrived in the town full of powder Waiting for someone to light a fuse if there was some way to prove Taylor ain't guilty There is by approving someone else did the killing looks like there ain't gonna be no time to do nothing Only a confession can say a Taylor now. You know darn well by this time who done it turned and right we do We could get a confession. It's our only chance Soon as dusk sets in they'll be moving on the jail We don't stand a chance unless we can pin the real killer down and I think I have an idea It's a long chance, but we're gonna take it here. We are about to have a jail come down around Wait a minute sheriff, California. I want you to do something. It's worth a try Anything you say harpy I want you to make the rounds of the cafes and card rooms and let's fall here and there that the sheriff is getting a bloodhound from Sam Park now wait I ain't gotta find tell them that the dog will be here at six o'clock a waste of good valuable time Do you have any other suggestion?  I'm gonna get a mixed head of before time That fellow with the droopy mustache. Let's drop that the sheriff is bringing in a bloodhound. What? Where's the dog the sheriff's gone after it? Well, that's good The dog ain't gonna do so well Nah Biggie Greg's is too smart for that Now sheriff it's a long chance if it works, we're safe and if it don't we're not any worse off By now california's had time to stop in a few places and It's me.   No, what happened? We wait Of all the foolishness. What's going to bring the killer here Come just behind this door and the killer's gonna come in and give himself. I hope that's the way it works Is that about an hour or four dust ain't much time We'll step back in here by the cell and leave the door open a crack There just a crack. Cassidy quiet taylor. This is your doing. I ain't got a chance. I should never listen to you Now we're all in the same trap taylor. They've got to take us first sheriff. What hubby do one thing for me What's that if our plan works? Let me out this door first. I'll be right behind you hubby Don't make a move Why are you sneaking?  It worked hoppy Don't make me a killer, but you were afraid the bloodhound would make you one. You didn't dare let him sniff that poker Get it up Hey Sit there where I can watch it. You don't think my boy nor anybody else is gonna believe you We know it all along you with the coyote rig you'll get the same fair treatment that the boy's offered taylor Nobody believes i'm a killer you can't make them believe the bloodhound can when the crowd knows what you've done You don't get a hang loose along with taylor. I'll chance that diggy You had your say now here's mine that crowd will be here soon.  They'll be in here diggy Then i'll tell him you're in with taylor, but they'll believe the dogs bring him in california The dog. Yeah, sam park floodhound. I'll let him have the scent of the poker then let him lose You wouldn't do that. I have to do it I can't hold the crowd off any longer. You know what mobs do biggie. Oh, no They give me a high note and the dog will go right for you. Oh, no I'll confess. I confess.  Get me out of here they're coming in Well, sure. I guess you got another border and another thing. Where's that man's money or soul? On a raster in my cook shack all of it. Well, I guess that does it hoppy You take taylor back out to his wife and I got to get this killer out in town and get him locked up So we can have a little quiet around here. Come on california and guess there's nothing else for us to do Come on chef. Thanks hoppy Take sam park's dog back to him california. Right hoppy How are you boy? You want to go home? Hoppy. Is this the dog? Sure You you you got a confession from biggie griggs on the strength of this mangy howl He resents that california I just hope it never leaks out that california carson called this moldy flea bitten Goodbye from hop along cassidy But be sure to be back with us soon when hoppy in california will again ride out from the bar 20 into more dangerous adventure and action Hop along cassidy star on william boyd is transcribed and produced in the west by walter white jr Killers of sandy ghosts was written by howard swarth All stories are based upon the characters created by clarence e mulcher This is a commodore production


Garrett Cole has had an exceptional start to his Yankees career and he is the subject of the interview today with Meredith Moracovitz Garrett just how encouraged have you been not only by your last outing But really the performance of the starters as a whole to start the season. I Mean we've been throwing the ball really well both rotation and the bullpen You know, it's really kind of hard to ask for anything more. I think we've been pretty efficient Everybody's feeling really good and we're making a lot of good pitches and Keeping ourselves in the ball game. So Corey Kluber will get the ball this afternoon. What's stood out to you about the way? He threw his first time out Yeah, I think just a little bit of that moxie some big big pitches in big situations that you got to execute I think he was you know a little bit left with Some to be desired on execution in terms of you know Total amount of pitches but you know when he needed to make a pitch He he did and and he kept his tight in the ball game and got as deep as he could I expect him to you know pitch pretty well tonight doesn't Eddie know you're doing live TV there He walks right in front of you and he doesn't know he wanted to put he was like he wanted to put bunny ears on me He was like but but I guess he just didn't didn't recognize we were doing in center field We'll give it. We'll give him a pass this time. You know what when you look at this afternoon It's opening day for the raise. There's been a little bit of a rivalry brewing between the two teams since 2018 Do you expect that to carry over into this season? Yeah, I do And will it sting a little bit watching them raise the banner this afternoon? Won't feel good Do you feel as though you guys have the better team in 2021? Yeah, I think we do You know, but you still got to go out there and still got to go out there and prove it so paper is one thing and games are the real thing and so You know, we're we're certainly confident and You know, but we we got to get that we got to get the job done when it's when it's all said and done So do you look at that team any differently considering the fact they were without without some of those big arms in their rotation this year Like a Blake's now I mean, it's gonna be harder It's gonna be hard to replace, you know, they kind of worked at Blake's done you know talking about a side young award winner and You know up-and-coming star in the game and obviously Charlie brings a pretty steady heartbeat I'm well aware of that and some big pitches and big moments. That's kind of you know, been the MO of his career So it's gonna be hard. It would be hard for me to say that that doesn't have an impact But at the same time, you know, this team is always seems like playing really well together As a group You know, they're they're doing a lot of the details and a little things well that that that kind of give them an edge on the margins And I think that's what makes them competitive year in and year out at least over the last handful of years And it makes them a tough team to beat whether you're, you know, outstacked on them in paper or not You know, so, you know, let's stay one of the vision last year a lot of you know, a lot of credit goes to them They play good baseball. They got the world series They did they did a nice job and you know, I I expect them to come out and it'd be pretty much the same regardless if they lost a couple players


For this game, it was mainly back and forward until that last couple of minutes in the third and in that fourth quarter. What did you see? What were your takeaways that allowed the JAS to gain momentum? Yeah, I don't think we played well the entire game, really. Even though we were up five at half. The rebounding piece, again, staring us in the face. Them getting out in transition, again, staring us in the face. So those two things, they add up for a bad recipe because those are paint points and those are extra opportunities for them. Even though we were up five, our guys were trying, giving what they had. It's been a tough road trip for us and hopefully we've learned a lot of lessons. You give them credit for changing the defense up a little bit during that stretch. We had opportunities to make shots that just didn't go in for us and they continue to do those two things that I mentioned every single time in the huddle is the transition piece and the rebounding piece. You mentioned during pre-game when I asked you about the halves that somebody seemed to be having and the JAS were able to put up 70-plus in that second half. Was this a matter of the off-ball screens that you mentioned kind of earlier for the team like this who does something like that? I think it was a little combination, Megan, of across the board. Again, those two things I talked about, the transition, the offensive piece. I thought we were pretty solid with Mark and he's the one that has a lot of off-ball screens. Sexton got going a little bit earlier for them. But at the end of the day, this trip took a toll on us physically, mentally. And so now we're 13 and 13 and we've got to go home and regroup. And so I give our guys credit for giving what they had. That's all I ask is to give everything that you had tonight. How much of a problem was there when you're shooting something like 4 for 11 or 5 for 12 basically had to rim one guy in five blocks? How much of a problem was their length? Yeah, we talked about their length going into the game. And so it's that combination, Brian, of being able to get to the rim and now the decision-making behind it. And so we had a good look. There was a great possession before halftime where Cam Thomas drove, hit Mikhail, Mikhail drove, and then he ended up kicking back to Cam Thomas for three. And so those are the opportunities you've got to take advantage of knowing that they started big for a reason to keep us away from the rim. We had some good looks from three, but that combination of rim, they took that away from us tonight. And how's Cam Johnson? Finished the game. We'll see what he looks like.  What changed with the jazz starting to hit some of those shots? You guys have done a great job of ending them from eight reasons. Was it just a matter of them ball movement or just switching? What was the change in that third quarter of the stretch? No, I think, again, those two things, they were able to get out. Those corner threes were transition-wise. Them being able, those two small guards, being able to get downhill and put pressure on us. And then the extra opportunities. It really, those two things, they started making shots. Those two things were the biggest for the night for us, Evan. And then you wanted to be more physical. I think you guys had forced nine turnovers in the first half.  You don't make an excuse, but just in the second half, you just sensed that the total of the game kind of just, you know, came differently out of your guys, you think? Yeah, I don't think our guys would want me to get up here and give them an excuse. I do feel that they gave me everything they had this trip. And hopefully we get a chance to go home and get some healthy bodies. That would be helpful for us. We've been wearing some guys pretty thin this early in the year, unfortunately. And tonight, definitely the total added up. I mean, we played some high-level teams on this trip. And the total, I think, added up for us tonight. You mentioned pregame about not just the travel, but having no practice time. And as a coach, what's the balance now with travel and getting back on the road? The schedule doesn't really help at all. You know, in your favor. Yeah, it keeps going. Like I mentioned the other day, we got three sets of back-to-backs coming up in the next couple of weeks. And so how do we handle those things? I think the lessons learned across the board is being able to take care of your body so that you're able to play that piece of it. Being able to be in a position to contribute whatever minutes that you play is huge for us. And then the commitment to... I'll keep preaching the physicality piece. There's a toughness piece that we got to continue to lean into. And it's different areas of the game. It's pick and roll. It's rebounding. It's the toughness to not get off and to rebound and sprint back and not give up a corner three. So that combination, good lessons for us. When you look at the amount of bodies you're down, are you of the mind or would you be expecting either Dennis or Lonnie to be available when you get back that you guys just didn't want to fly them all the way across the country or are they still going to be up in the area when you get back? They both have been there by themselves. They haven't played any one-on-one, two-on-two, three-on-three with anybody. Thanks, guys. Okay.