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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Court: chennai Page 1 of about 4 results (0.053 seconds)

Jan 02 2017 (HC)

Sri Ayyappa Seva Samajam represented by its Secretary Vs. The Commissi ...

Court : Chennai

..... . before going into rival contentions, it will be useful to extract certain important definitions in the tamil nadu hindu religious charitable endowment act 1959. sub section 18 of section 6 defines a 'religious institution' as follows: section 18 religious institution means a math, temple or specific endowment sub section 20 of section 6 of the hr and ce act 1959 defines temple , which reads as follows: temple means a place by whatever designation known, used as ..... basis of religion, caste, creed or community. on the above contention, the plaintiff would claim that the temple is not a religious institution as defined under sub-section 18 of section 6 of the hindu religious and charitable endowment act. therefore, the defendants namely, commissioner hr and ce, hindu religious charitable endowment administration department, cannot have any say in the matters of management of the temple in question. 8. in the suit the ..... section 6 of the tamil nadu hindu religious and charitable endowment act. on the above materials the defendant had come to the conclusion that the temple is a public temple and a religious institution falling within the purview of the tamil nadu hindu religious charitable endowment administration department and the department has got every right to appoint non-hereditary trustees. on the above contentions the defendant sought for dismissal of the suit. 10 .....

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Nov 15 2000 (HC)

Vittal Vel Press Rep. by Thayarammal No. 10, Audiappa Naicken St, Chen ...

Court : Chennai

Reported in : (2001)1MLJ709

..... favour of the temple was vested in the temple's trustees, the benefits of g.o.ms.no.2000 was available. the division bench considered the definition of 'temple' under section 6(20) of the tamil nadu hindu religious and charitable endowments act and came to the conclusion that since there was dedication of the properties to a community which constitutes a considerable ..... the grant of exemption to the buildings belonging to religious institutions is to enable the institutions to get enhanced income by increasing their rents. the buildings were endowed to the public religious and charitable trusts for carrying out certain religious or charitable purposes. with the escalation of prices, the religious and charitable trusts are not in a position to carry out the endowment, if the income of the property is not ..... that, ' the plaintiff-temple is under the administration of the hindu religious and charitable endowment department and the managing trustee is appointed by the said department. in view of the above position, it has to be held that the suit temple is a public religious institution belonging to arya vaisya community and it is a religious trust....'10. in idol of sri kannika parameswari amman v. educational trust .....

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Feb 13 1980 (HC)

Tamarakulam Vellala Samudhayam, Arya Kulasekhara Nangai Amman Temple T ...

Court : Chennai

Reported in : (1980)2MLJ358

..... of the 'samudayam' through the elected representatives of the community. it was claimed that the maintenance of such an institution as a denominational one was guaranteed by article 26 of the indian constitution and section 107 of the tamil nadu hindu religious and charitable endowments act xxii of 1959. reference was made to a scheme framed by the district court of nagercoil in o.s. no ..... thus resisted.3. the commissioner, hindu religious and charitable endowment, has been impleaded as the second defendant and he has filed a written statement in which he has stated that the temple was a public one to which all sections of hindu community had access and that, therefore, it was not a denominational temple. there was a paid archaka doing pooja services in the temple ..... plaintiff was liable to pay contribution and audit fee. the suit was held to be not barred by sections 63 and 108 of tamil nadu act xxii of 1959 this was the answer to issue no. 5 the other issues namely issues 10 and 6 were found in favour of the plaintiff and issues 4 and 8 were answered against the plaintiff ..... of the temple and its affairs, it would be a denominational institution, though the public are not excluded from it.10. these principles came to be applied by a division bench of this court in madurai sourashtra sabha represented by its honorary secretary, t. d. rajagopalier v. the commissioner, hindu religious and charitable endowments (administrative department) madras 1971 84lw86,. in that case the sourashtra .....

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Apr 29 2016 (HC)

T. Sathish Vs. The Commissioner, O/o. The Commissioner (HR and CE), Hi ...

Court : Chennai Madurai

..... . vr. shanmuganathan, the learned special government pleader invited the attention of this court to rule no.11 of religious institutions (lease of immovable property) rules, 1963, framed under the tamil nadu hindu religious and charitable endowments act, 1959 and submissions were advanced that it is for the commissioner, hindu religious and charitable endowment, chennai, respondent no.1 in the appeals, who is the competent authority, to decide the fixation of rent ..... just 40 square feet. representations seemed to have been given before the joint commissioner/executive officer, hindu religious and charitable endowment, suseendram head office, kanyakumari district, respondent no.2, in the appeals. 10. when rules 11 of religious institutions (lease of immovable property) rules, 1963, states that the commissioner of hindu religious and charitable endowments is the competent authority to decide, in terms of the said rules, the joint commissioner of ..... than what he possess and if direct tenant's of lease had come to an end, sub-lessee could not claim better right. therefore, notice issued under section 106 of the transfer of property act, 1882 was valid. (arulmigu sathivaneswaraswamy temple v. habib rahman, 2014 (6) ctc 37). 9. reading of the rules makes it clear that it is to the commissioner .....

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Oct 31 2014 (HC)

1.V.Thiagarajan (Died) Vs. 1.The State of Tamil Nadu,

Court : Chennai

..... take action in accordance with law as against the officials concerned in this regard. the preamble of the tamil nadu hindu religious and charitable endowments act, 1959 reads as follows: ?.an act to amend and consolidate the law relating to the administration and governance of hindu religious and charitable institutions and endowments in the state of tamil nadu. whereas it is expedient to amend and consolidate the law relating to the ..... prayed for the dismissal of the writ petition.5. whereas the 11th respondent filed the counter affidavit, stating that the third respondent had initiated proceedings under sections 78 and 79 of the tamil nadu hindu religious and charitable endowments act and thereafter, the temple lands were put to their original position. therefore, he prayed for the dismissal of the writ petition.6. no counter affidavits had ..... made baseless allegations against the temple administration and that the petitioner had not even furnished the details about the illegal encroachment said to be made by the respondents 7 to 10. he further contended that the records relating to the movable and immovable properties of the temple, including the inam lands, are available in the temple, based on which, appropriate action .....

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Jul 30 1973 (HC)

O. Radhakrishnan and anr. and S. Chettiar and ors. Vs. Manickam and or ...

Court : Chennai

Reported in : (1974)2MLJ179

..... contended that as the language now stands, all the schemes settled or modified or deemed to have been settled or modified under the provisions of the hindu religious and charitable endowments act, 1951 fall outside the scope of section 65 (4) (a), because that clause refers to ' schemes deemed to have been settled or modified by the court under clause (a) of ..... , certificates, orders, decisions, proceedings, and schemes that were made, issued, passed, taken, or settled under the provisions of the madras hindu religious and charitable endowments act, 1951. the most significant thing to be noticed in clause (a) of section 118 (2) is that it makes no reference whatever to schemes settled or deemed to have been settled by a court. however, under ..... 24th december, 1958 in o.s. no. 155 of 1956 on his file. the plaintiffs and defendants 2 to 10 in the suit are the disciples of the said mutt which is admittedly an ancient institution. the deputy commissioner, hindu religious and charitable endowments, settled a scheme for the administration of the mutt in o.a. no. 351 of 1951. the matter was ..... the very same powers with reference to a temple and a specific endowment attached to a temple, as the commissioner is exercising powers under section 65 with reference to a math or specific endowment attached to a math. consequently, in the statutory provisions themselves, there is no minimum qualification prescribed for the commissioner or the deputy commissioner. under these circumstances, .....

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Aug 17 2016 (HC)

KM.NKM.NKM.Nallakaruppan Chettiar and Another Vs. The Joint Commission ...

Court : Chennai Madurai

..... that on that score, the writ petition is to be thrown out. 14. the prime contention advanced on behalf of the respondent nos.1 and 2 is that under section 63(b) of the tamil nadu hindu religious and charitable endowments act, 1959, the first respondent can decide as to whether the office of trusteeship is hereditary or not? and further the first respondent/joint commissioner ..... article 19(1)(f) of the constitution. the supreme court countenanced that the position of hereditary trustee was that of a dharmakartha of a mere manager or custodian of a religious institution with an exception namely, that the hereditary trustee succeeded to the office as of right and in accordance with rules of succession. once it is countenanced that succession as of ..... passing of an order by this court in directing the respondents no. 1 and 2 viz., the joint commissioner of hindu religious and charitable endowments board and the assistant commissioner of hindu religious and charitable endowments board, paramakudi, sivagangai district to consider their representations dated 11.07.2016. 10. the learned counsel for the petitioners cites a decision of this court between chettimai c.nanjappa chettiar (decd.) and another .....

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Jul 31 1975 (HC)

The Commissioner for Hindu Religious and Charitable Endowments Vs. the ...

Court : Chennai

Reported in : AIR1976Mad67; (1976)1MLJ17

..... question. that petition was dismissed and the appeal preferred by the sangam against that order was also dismissed, and thereafter the present suit was instituted under section 70 of the hindu religious and charitable endowments act, 1959 for setting aside the order of the commissioner confirming the order of the deputy commissioner, and for declaring the first respondent as hereditary ..... relevant for the disposal of the appeal in view of the statutory definition of the term 'hereditary trustee '. section 8(11) of the hindu religious and charitable endowments act, 1959, defines the expression 'hereditary trustee' as meaning:a trustee of a religious institution, the succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided for ..... by the founder, so long as such scheme of succession is in force.the term 'trustee' has been defined in section 6 ..... that such consideration are foreign to the scope of the suit because it is a statutory one instituted under section 70 of the act xxii of 1959 for the purpose of setting aside the order dated 7th september, 196?, in hindu religious and charitable endowments. appeal no. 6 of 1962 passed by the trial judge exercising the powers of the .....

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Jun 17 2009 (HC)

V.A. Chidambara Gounder and V.A. Palanivelu Vs. Commissioner, Hindu Re ...

Court : Chennai

Reported in : (2009)5MLJ925

..... that an application has been sent in the year 1987 in regard to the non-hereditary trusteeship claim.9. section 6(11) of the tamil nadu hindu religious and charitable endowments act, 1959 deals with hereditary trustee which means 'the trustee of a religious institution, the succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided ..... for by the founder, so long as such scheme of succession is in force'.10. significantly, section 6(20) refers to 'temple' ..... that they are holding office as hereditary trustees in arulmigu dhandayuthapani temple, at vedachanthur village, pollachi taluk, coimbatore district, within the meaning of section 6(11) and section 63(b) of the tamil nadu hindu religious and charitable endowments act, 1959 ?(2) whether the orders of first respondent/first defendant and second respondent/second defendant of h.r. & c.e. department dated ..... per ex.a7 and prior to 01.10.1994 the account details have not been submitted and in ex.a2 savings bank account details have been submitted from 1995 and the earlier accounts have not been submitted and when arrangements have been made for appointment of trustee post in they year 1997, they have filed the case.7 .....

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Feb 27 2007 (HC)

Padi Juma Mosque by Its Secretary Vs. Secretary to Government of Tamil ...

Court : Chennai

Reported in : (2007)2MLJ1111

..... of the inspector general of registration. they accordingly held that in respect of deeds of gift or settlement of lands and buildings to be executed in favour of hindu/muslim institutions coming under 'hindu religious and charitable endowment act' and wakfs, nominal value of such properties is rs. 100/- only for the purpose of levy of stamp duty and registration fee instead of such duties be calculated ..... order, it is clear that concession of stamp duty is available only to deeds of gift or settlement of lands and buildings to be executed in favour of hindu/muslim institutions coming under hindu religious and charitable endowment act and wakfs. for availing concessional stamp duty, the donee must be under the direct control of tamil nadu wakf board. the gift deed is executed in favour of ..... padi muslim association registered under tamil nadu societies registration act and beneficiary 'padi juma mosque' is not under the control of tamil nadu wakf board which administers the wakf act, 1954 .....

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