9911796707
TMI Blog1968 (8) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... Bombay Public Trusts Act 1950. 2. The High Court found the following facts relating to the Nasik Math: "The Principal Math is situated in the State of Mysore and as His Holiness is a Sanyasi he generally names the house properties with temples as "Maths. The properties at Nasik Panchvati, are known as properties of Shringeri Math. The Samadhis have been constructed to look like temple, there is Sabha Mandap in which an image of Adya Shankaracharya is installed. All the expenses have been incurred by His Holiness from the income of the Shringeri Math and some money was borrowed from Nasik creditors. Here religious instructions are not imparted and no spiritual service is rendered to any body of disciples. Sometimes people come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bombay; it is not the idea to regulate or make better provision for the administration of trusts outside the State of Bombay; and one of the questions which we have to answer is whether Nasik Math can be said to be in the State of Bombay. The word "math" is defined in Section2 (9) of the Act to mean "an institution for the promotion of Hindu religion presided over by a person whose duty it is to engage himself in imparting religious instructions or rendering spiritual services to a body of disciples or who exercises or claims to exercise headship over such a body and includes places of religious worship or instructions which are appurtenant to the institution." "Public trust" is defined in Section 2 (13) to mea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 72 of the Act to the District Judge to set aside the decision and order of the Deputy Charity Commissioner, but the District Judge confirmed the order and dismissed the petition. He held that "this institution must be considered as Branch Mutt even though its origin may be the Samadhis or tombs of the Shankaracharya of the name Abhinava Sachhidanand Bharati." He further came to the conclusion that "the evidence on the record shows that this Institution at Nasik is a place of religious worship within the meaning of the definition in section 2(9) of the Act." He observed: "There is no dispute that there are idols of Shri Adya Shankaracharya and Shri Dattatraya in this institution and worship of those idols is carri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile considering the provisions of the Bihar Hindu Religious Trusts Act, 1950 (Bihar Act I of 1951), Gajendragadkar, J., as he then was speaking for the Court, observed: "On behalf of the petitioner the learned Attorney-General has contended that as a result of our decisions in the group of cases to which we have already referred it is now established that before the Act can apply two conditions must be satisfied; first, that the religious trust or the institution itself must be in Bihar, and second, part of its property must be situated in the State of Bihar. Since the first of these two conditions is not satisfied in the present case the Act cannot apply. In our opinion this contention is well founded and must be upheld." 12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e fact that the trustees reside in Bihar or that the trust is partially administered in Bihar for charitable purposes can make no difference to this position." 14. In Mahant Ramswarup v. Motiram Khandu, [1968]1SCR641 a case governed by the Bombay Public Trusts Act, Shelat, J., observed: "There is no dispute that the trust is administered at Burhanpur and the bulk of its properties, except the three pieces of lands situate in the District of Dhulia, are all situate in the Madhya Pradesh State. The fact that a part of its properties is situate in Maharashtra State though the trust is within Madhya Pradesh State would not mean that the trust would be governed partly by the Madhya Pradesh Act and partly by the Bombay Act. Such a di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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