Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Religious and Charitable Endowment |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Law: T.N. Hindu Religious and Charitable Endowments Act, 1959:Section 60-Religious head-Appointment of-Power of Commissioner-Held: Commissioner is only empowered to take steps for the temporary custody and protection of the endowments-Regularisation of appointment, if any, is only a temporary measure-Commissioner has no power to appoint a head of a Math. Religious and Charitable Endowments-Math-Madathipathi-Appointment of-Deed of instrument by which the Math was founded provided mode of devolution of its headship on the basis of Sishya Parampara (Guru to disciple)-Last head died without appointing a successor as per the mode of succession-Registered society which founded the Math appointed a person as the Head in accordance with its Memorandum of Association-Validity of-Held: Mode of appointment of head of a Math is governed by the deed of instrument by which it was established-There can be no departure from such mode without valid justification-Hence, society validly appointed the said person as Madathipathi-Person acting only as agent or mukami of the properly appointed head has no right to succeed as Madathipathi. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2000 INSC 336 |
Petitioner | Baba Charan Dass Udhasi |
Respondent | Mahant Basant Das Babaji Chela Baba Laxmandas Udasi Sadhu |
SCR | [2000] Supp. (1) S.C.R. 494 |
Judgement Date | 2000-07-14 |
Case Number | 975 |
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