2013 AIR SCW 5782 ::2013 (6) ABR 763 ::(2013) 2 CLR 858 (SC) ::(2013) 12 Scale 259 ::2013 (15) SCC 394 ::(2013) 4 CurCC 73 ::(2014) 1 AllMR 959 (SC) ::2014 (103) ALR SOC 11 (SC) ::AIR 2013 SC (Civ) 2849 ::(2013) 2 ChandCriC 527 ::2014 (133) AIC (SOC) 25 (SC)

Supreme Court Of India

(From : Gujarat)

Hon'ble Judge(s): S. S. Nijjar, Pinaki Chandra Ghosh , JJ

(A) Societies Registration Act (21 of 1860) , S.13— Bombay Public Trusts Act (29 of 1950) , S.50A, S.36— Religious society - Dissolution - Suit Church registered as religious society under 1860 Act with property vesting in trust registered under 1950 Act - Merger of suit Church with other Churches - Neither procedure for dissolution of society under S. 13 of 1860 Act nor that of merger under S. 50A of 1950 Act followed - Mere resolution to merge would not amount to dissolution of suit Church - Moreover resolution talks about amalgamation and there is no reference to dissolution of suit church - Property of suit church does not nest in new body formed on merger. (Para 19 25) (B) Societies Registration Act (21 of 1860) , S.1— Bombay Public Trusts Act (29 of 1950) , S.41A, S.1— Public and religious trusts - Administration and regulation - Acts not in conflict with each other - Act of 1860 does not override Bombay Act of 1950. (Para 15) (C) Constitution of India , Art.25, Art.26— Bombay Public Trusts Act (29 of 1950) , S.50A— Religious freedom - Scope - Does not authorise members of religious community to transfer management and properties of religious trust in ma....