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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Court: andhra pradesh Page 1 of about 24 results (0.112 seconds)

Feb 27 2003 (HC)

Pushpagiri Mutt Vs. C. Indiramma

Court : Andhra Pradesh

Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348

..... arise for consideration in this second appeal:(a) whether the approval of the commissioner, endowments under rule 31(10) of the alienation of immovable property rules (gift, sale, exchange or mortgage of property) under sections 74, 86(3), 90(3)(a) read with section 107 of the a.p. charitable and hindu religious institutions and endowments act, is mandatory or directory?(b) whether the ground of deemed permission is sustainable ..... 1987 framed in exercise of the powers conferred by section 80 read with section 153 of a.p. charitable and hindu religious institutions and endowments act, 1987, act no. 30 of 1987. the learned counsel submitted that in view of the date of auction, the old rules alone are applicable to the present case. but however, the language of rule 31(10) of the old rules and rule 25(14 ..... in the facts and circumstances of the present case?(c) whether the commissioner, endowments also is .....

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Apr 27 2000 (HC)

Kodachur Ganesh Rao Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : 2000(3)ALD704; 2000(3)ALT645

..... learned brother hon'ble justice g. raghuram, while considering the scope and effect of section 80(1)(c) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 which requires that every sale of any immoveable property belonging to any charitable or religious institution or endowment shall be effected by tender-cum-public auction in the prescribed manner subject to the ..... .1224, dated 14-7-1997 is itself illegal and void being incontravention of rule 3 of the immovable properties (other than agricultural lands) lease rules, 1982, framed under the andhra pradesh charitable and hindu religious institutions and endowments act, which requires all the immovable properties other than the agricultural lands owned by the hindu religious institutions and endowments should be leased out only ..... [1986]1scr989 , wherein the apex court deprecated the sale of land belonging to a charitable endowment by private negotiations instead of by public auction. i have, therefore, no hesitation in holding that g.o. rt. no.1224, dated 14-7-1997 is illegal and void as it is plainly in contravention of rule 3 of the ..... ', regimental bazaar, secunderabad, which is governed by the provisions of the a.p. charitable and hindu religious institutions and endowments act, 1987 (herein referred to as 'the act') and the rules made thereunder. in g.o. rt.no.1224 revenue (endts.ii) department, dated14-7-1997, the government of andhra pradesh took a decision to accept the offer of p. .....

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Mar 09 1973 (HC)

Paleru Venkateswarlu and ors. Vs. Potina Venkateswarulu and anr.

Court : Andhra Pradesh

Reported in : AIR1973AP264

..... over the existing corresponding provisions and section 37, which is the last provision of the chapter relates to qualifications of and remuneration to archakas.29. what does this brief survey of chapter iii indicate on a reading of these provisions as the title of the chapter itself indicates they all relate to administration and management of charitable and hindu religious institutions and endowments. we fail to comprehend how ..... relating to the religious endowments governed by the act could be instituted by the religious endowment board or by some persons having interest and with the permission of the board.52. the 1926 act was repealed by the madras hindu religious and charitable endowments act, 19 of 1951. section 5 (3) (e) of the repealing act said that 'sections 92 and 93 shall cease to apply to hindu religious institutions and endowments' section 62 of the repealing act provided for suits ..... pra)10. the answer to the questions raised indisputably depends upon the construction we place on section 110 of the act. while it was contended by the appellants that the section is retrospective in its operation and affects also the pending case the contention of the respondents was that the said section is prospective in its character and does not affect the pending cases instituted under .....

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Aug 10 1976 (HC)

Kisheera Ramalingeswaraswamy Vs. Nandula Buchi Ramayya and ors.

Court : Andhra Pradesh

Reported in : AIR1977AP160

..... , there is no bar of limitation, though section 10 of the limitation act did not apply to this item. the view of the learned judge is that section 103 of andhra pradesh charitable and hindu religious institutions and endowments act 1966 (hereinafter referred to as the new act) which corresponds to section 94 of the madras hindu religious institutions and charitable endowments act 1951 (hereinafter referred to as the old act) applies to the case and saves the claim ..... years after that date, is clearly barred by time.9. sri veerabhadriah further contends that the learned judge is wrong in relying upon section 103 of the charitable and hindu religious institutions and endowments act 1966, which corresponds to section 94 of the madras hindu religious and charitable endowments act 1951. whichever provision applies, so the learned counsel argues, the safeguard that is provided in these provisions is available only in case, where ..... the property belonging to religious institutions was not vested in a person or his predecessor in title before the commencement of the 1951 act, viz. 30-9 .....

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Apr 30 2008 (HC)

Sri Gandrapu Gangaraju Choultry Rep. by Its Executive Officer Vs. G.S. ...

Court : Andhra Pradesh

Reported in : 2008(5)ALD130; 2008(5)ALT505

..... over the plaintiff choultry at any point of time. on the other hand, o.a. no. 73 of 1969 filed by the plaintiff choultry under section 93 of the a.p. charitable and hindu religious institutions & endowments act was dismissed by the deputy commissioner under ex.a-6 order holding that no choultry was existing. hence, we do not find any reason to ..... a reply disputing the plaintiff's claim. thereafter the plaintiff filed o.p. no. 73 of 1969 before the deputy commissioner of endowments, kakinada for issuance of a certificate under section 93 of the a.p. charitable and hindu religious institutions & endowments act, 1966 alleging that the 1st defendant did not deliver the records of the choultry. the said proceedings were contested by the 1st ..... defendant and ultimately o.p. no. 73 of 1969 was dismissed by order dated 10.2.1970 holding that there was no proof ..... among the defendants the plaintiff choultry was being deprived of its legitimate income and that on appointment of the executive officer under the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966, who was a de jure trustee, the 1st defendant ceased to have any right to remain in possession and management of the suit properties.4. .....

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Aug 10 2005 (HC)

Vasi Krishna Murthy and ors. Vs. Lakshmipathi Vari Devasthanam, Movva ...

Court : Andhra Pradesh

Reported in : 2005(5)ALD528; 2005(5)ALT464

..... respondent and his predecessor have inducted the petitioners into possession of the lands, with a mala fide intention, contrary to the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (for short 'the endowments act'). according to the learned counsel, whatever may have been the merits, or maintainability of the proceedings initiated by the petitioners, with the amendments to the ..... to be continued, without any interruption.10. in this regard, two aspects need to be taken into account. the first one is that irrespective of the question, as to whether the proceedings, initiated under the tenancy act, in respect of endowment lands, terminate consequent on the amendment to section 18 of the tenancy act, section 82 of the endowments act, as interpreted by the hon' ..... and will continue to be available until the suit is disposed of or adjudicated finally and the decree passed in such a suit is free from the fetters of section 10. we therefore, reject the contention of the appellant that the civil court has no jurisdiction to entertain the suit.' 15. from the judgments referred to above, it ..... for the petitioners submits that the second respondent is an agent of the devasthanam, and his acts of granting lease in favour of the petitioners, bind the principal, under chapter x of the contract act. he contends that under section 186 of the contract act, the authority of an agent may be express or implied and that the second respondent can be .....

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Nov 03 1981 (HC)

A. Pooornachandrarao Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : AIR1982AP141

..... ; so were the trust purposes. the aforesaid avadhuta died in the year 1965. on the death of advadhuta the present writ petitioner charitable & hindu religious institutions and endowments act act 17 of 1966) (hereinafter referred to as the 'act') he filed a petition before the deputy commissioner. endowments, kakijada for a declaration to that effect. the petitioner asked for this statutory relief. because a doubt was created about his ..... by the statue in secs. 6, 7, 8, 9, 10, 11, 12, and 13 of the act. the question whether the purpose of trust in the present case falls under the category of a charitable purpose should not therefore be answered by merely looking to the few illustrations mentioned in sec. 2 (5) the act. we have to still ask ourselves whether in common parlance ..... was omitted from the list of 12 trustees mentioned in the last trust deed dated 28-10-1963. the deputy commissioner by his order dated 31-3-75 rejected the claim of the present writ petitioner to be the hereditary trustee. sec. 77 of the above act gives such powers of decision to the deputy commissioner. the above statute provides a remedy against ..... of ordinary prudence would deal with such affairs, funds and properties if they were his own.''1982 andh. pra/10 iv g-16 clearly supports this view. the purposes of the trust in this case being to advance spiritual well-being of a section of the people by providing them with opportunities to practise sadhanas of bhakthi, gnana and yoga, the authorities .....

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Oct 04 1996 (HC)

Teki Venkata Ratnam and ors. Vs. Deputy Commissioner of Endowments and ...

Court : Andhra Pradesh

Reported in : 1996(4)ALT374

..... (d) of section 77 were as follows:'(a) whether an institution or endowment is a charitable institution or endowment;(b) whether an institution or endowment is a religious institution or endowment;(d) whether any property is an endowment, if so whether it is a charitable endowment or a religious endowment;'the act was successor to the andhra pradesh (andhra area) hindu religious and charitable endowments act, 1951 and was designed to regulate the administration of public religious institutions or endowments. the different ..... in them from time to time. it appears, notice was issued by the inspector of endowments on 8-10-1975 to the executive authority of sri pandurangaswamy temple, chilakalapudi calling upon the temple to be registered under sections 38 and 39 of the 1966 act. w.?.no.5480 of 1976 was filed by the predecessor of the appellants challenging the ..... a.s. no. 238 of 1975 decided on 26-10-1978 in which view had been taken of section 77 of the 1966 act as not clothing the deputy commissioner with the power to decide whether the institution is public or private, of it having been rendered under the 1966 act but that the power was specifically available to the deputy ..... to issue the notice. the basis of the challenge is an earlier order passed by the district judge, krishna, machilipatnam in o.p.no.1/1940 on 24-10-1941 declaring the temple as private. the writ petition having been dismissed on 31-12-1993, the present appeal has been preferred.2. narration of the background of .....

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Nov 02 2001 (HC)

Sametha Panduranga Swamy Temple, Amaravathi Village, Guntur District V ...

Court : Andhra Pradesh

Reported in : 2002(2)ALD177

..... public.13. the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 was enacted to consolidate and amend the law relating to administration and governance of charitable as well as hindu religious institutions and endowment in the state of andhra pradesh. the said act applies to the whole of the state of andhra pradesh. sub-section (3) of section 1 reads:it applies to-- (a) all public charitable institutions and endowments, whether registered or not ..... charitable institution constituted by them would come within the protective umbrella of article 26 of the constitution of india and in that view of the matter they cannot be deprived of their constitutional rights of managing their own property as is envisaged under clause (d) of article 26 of the constitution of india.10. drawing our attention, to section 29(5)(d) of the act ..... , which reads:(d) where there is no executive officer in respect of any charitable or religious institution or endowment, the trustee or the chairman of the board of trustees or any employee of any .....

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Jun 21 1999 (HC)

Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad and Others Vs. ...

Court : Andhra Pradesh

Reported in : 2000(1)ALD482; 2000(1)ALT256

..... of 1987 is applicable only to hindu religious institutions/ endowments and is not applicable to non-hindu religious institutions/ endowments;(2) that a.p. act 30 of 1987 is applicable to all the charitable institutions regardless of any religion.(3) the petitioners in both the writ petitions have to work out the remedies by invoking the provision contained under section 87 of a.p. act 30 of 1987.(4) a time of two ..... clauses (6), (7) and (8). mode and manner of conducting meetings etc., is provided in clauses (9) and (10). other clauses may not be necessary for discussion. suffice it to say that the trust deed of 1941 makes a provision for both religious and charitable purposes and unless an enquiry is conducted into the same and a fact finding is arrived at, it ..... and then the cheque was issued on 18-12-1968 and after realisation of the amount, the receipt dated 10-1-1969 was issued. there was no demand made by the authorities for payment of any endowment fees either under 1966 act or 1987 act. from the facts, it is clear that no power was exercised by the respondents 1 and 2 relating to ..... judgment of a division bench ofthis court in pabun v. state o/a.p., 1997 (l)ald 171.9. the respondents 3 and 4 and respondent-party-in-person have also made their submissions to similar effect. a contention is also raised that 'parsi' is not a religion.10. apart from the contentions raised, we were adverted to the several material papers .....

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