math or specific endowment attached to a math are vested.
19. It is also relevant to note Section 48 which exempts the maths from certain ... misappropriation in respect of any of the properties of the math;
(f) commits persistent and willful default in the exercise of his powers or performance
void document inasmuch as it transfers the entire Math properties in favour of the defendants 1 to 4. He also contended that Article ... Will, the plaintiff bequeathed all her properties in favour of one Umapathi Swamy. In this Will the properties are referred to as the personal properties
this Will, he gave his entire property in favour of Lalitha Peetham. He made it clear in the Will that he had already provided education ... Math was established by Sri Sri Sri Dakshinamurthy Paramahansa Swamiji, after donating his own properties. He created the Math and declared in his Will that
head of the math and is the sole and absolute owner of all the properties belonging to the math. The assessee's grandfather, Maheshgirji ... January 30, 1949. His will was not probated. Chaturgirji filed a suit in the City Civil Court, Hyderabad, consisting the will and claiming the guruship
case may be, having jurisdiction over the area in which the math or the charitable or religious institution or endowment concerned is situate ... locality where the math or charitable or religious institution or endowment concerned and the village or villages in which the property concerned is situate
Board does not bar the plaintiff from contending that the property in question is not an endowment of the 1st defendant Deity ... right of the Board to levy the contribution, such an action will not lie as it should be considered that Sub-section (2) of Section
himself deal with the funds of Sri Kashi Math Samsthan and other movable and immovable properties and he shall not authorise any other person ... first petitioner math. Having observed so the learned Judge felt that in equity an order of the nature stated supra will be
just and proper
selling by public auction was in the interest of the 'math'..."
14. The Apex Court in RD. Shetly v. International Airport Authority ... forms of largesse, the Government could not act arbitrarily as its sweet will but must act in conformity with standards or norms, without being arbitrary
hence such a math is not a private math. Further, when
gifts of properties have been made to the math for the
enjoyment of chelas ... holds
the properties as a trustee for the indeterminate class of
beneficiaries, viz., of sishyas and anusishyas and this
stamps the math with a public
felt that the Math and its properties were being mismanaged. Under the modified scheme the administration of the Math and its endowments became vested ... admittedly the Math is without a Mahant and the Executive Officer is the person who is actively managing the Math and its properties. It would