1968 (8) TMI 199 - SC - Indian Laws

Summary

Issues:
1. Whether the Nasik Math is liable to be registered under the Bombay Public Trusts Act 1950?

Analysis:
The judgment in question revolves around the issue of whether the Nasik Math is liable to be registered under the Bombay Public Trusts Act 1950. The High Court set aside the order made by the Assistant Charity Commissioner, confirming that the Nasik Math is not liable to be registered under the Act. The High Court found that the Nasik Math did not qualify as a place of public religious worship and did not meet the criteria for registration under the Act. The High Court examined the nature of the Nasik Math, noting that while it had some religious elements such as idols and occasional festivals, it did not impart religious instructions or render spiritual services to a body of disciples. The High Court also considered the definition of "math" and "temple" under the Act, emphasizing that the Act only applies to trusts within the State of Bombay.

Furthermore, the judgment delves into the relevant provisions of the Bombay Public Trusts Act, particularly highlighting the definitions of "math," "public trust," and "temple" under the Act. It discusses the duty of trustees to apply for registration under the Act and the process of enquiry and appeals under the Act. The judgment also references previous legal precedents to support the interpretation of the Act in the context of the Nasik Math case. It cites cases where the situs of the trust or institution was crucial in determining the applicability of similar Acts, emphasizing the importance of the location of the principal math in deciding registration under the Act.

Ultimately, the judgment concludes that the Nasik Math is not liable to be registered under the Act. It affirms the High Court's decision that the Nasik Math does not qualify as a real math or temple within the definitions set out in the Act. The judgment dismisses the appeal against the High Court's decision, upholding that the Nasik Math does not meet the criteria for registration under the Bombay Public Trusts Act 1950.