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2006 Supreme(SC) 430

S.B.SINHA, P.K.BALASUBRAMANYAN
Nautam Prakash D. G. S. V. C. ,Vadtal – Appellant
Versus
K. K. Thakkar – Respondent


JUDGMENT

S.B. Sinha, J.—Leave granted.

2. Jurisdiction of the Assistant Charity Commissioner of Bombay in relation to the administration of the Appellant-Trust is in question in this appeal which arises out of a judgment and order dated 25th September, 2002 passed by the High Court of Judicature of Bombay in Writ Petition No. 1519 of 2002.

3. The appellant herein is a religious trust. A scheme for management of the temple of Swami Narain Vadtal and other temples subordinate to it, was framed by the High Court of Bombay in the year 1922. The said scheme contained provisions as to how accounts should be maintained. Clauses 26 to 29 thereof, which are relevant as under :

“26. At each temple proper accounts of all receipts and expenditure shall be kept and for such purposes the following books of account shall be kept:-

i)Cash Book (Rukad)

ii)Auro (Monthly Rozmel)

iii)Nondh (Daily Journal)

iv)Ledger containing separate Khatas for each head of income and expenditure including all expenditure on account of Tyagis.

The ledger kept at the Vadtal Temple shall also contain separate khatas of–

(a)Name Vero and Bhets;

(b)The household expenditure on account of the Acharya;

(c)Any expenditure incurred on a
























































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