PRESIDENT OF THE BIHAR STATE BOARD OF RELIGIOUS TRUST & ANR vs NALINI CHOUDHARI & ORS.(With connected appeals)

The Supreme Court held that Section 43(1) of the Bihar Hindu Religious Trusts Act, 1950, does not bar prosecution under Section 67 for failure to comply with requirements regarding trust property without a prior decision on the existence of a trust. The Court clarified that in a prosecution under Section 67, the accused can argue that there is no trust and that they are not trustees, but it is the prosecution's burden to prove the existence of a trust and the status of the accused as a trustee. The Court emphasized that the authority's decision under Section 43 is limited to determining whether immovable property is trust property, and does not extend to establishing the existence of a trust or identifying trustees.