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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Court: punjab and haryana Page 1 of about 1 results (0.043 seconds)

Nov 17 1998 (HC)

Maharishi Dayanand Education Society and ors. Vs. Mr. Satyendra Bhadan ...

Court : Punjab and Haryana

Reported in : (1999)121PLR346

..... said to be a representative one. the proper course is to obtain permission before the suit is instituted.7. the learned single judge of the madras high court in the case of the assistant commissioner, hindu religious and charitable endowment, salem and ors. v. nattamai k.s. ellappa mudaliar and ors., a.i.r. ..... be made to the relevant portion of sub-section (1) to section 92 of the code with reads as under:-'92. public charities.- (1) in the case of any alleged breach of any express or constructive trust created fin public purposes of a charitable or religious nature, or where the direction of the ..... registered educational society which is engaged in propagating the teachings of maharishi dayanand and for promoting the cause of education. it is running various educational institutions, schools and colleges in the area of faridabad. the governing body of the petitioner-society consists of 15 members. four are called the office ..... held that both the suit are in a representative capacity and all persons interested gets bound. in paragraph 10 of the judgment, the supreme court held as under :-' . . . . according to the learned counsel, section 92 of the code brings out a dichotomy in the sense that there are 'parties to the suit' ..... former, the individual is not debarred from maintaining the suit in his own right in respect of a wrong done to him even though the act complained of may also be injurious to some other persons having the same right. if it is the latter, the procedure under o.i r .....

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Apr 17 1996 (HC)

Mohinder Singh and Another Vs. Pirthipal Singh and Others

Court : Punjab and Haryana

Reported in : AIR1997P& H13

..... and without suing in a representative capacity on behalf of other beneficiaries.'17. learned counsel for the respondents shri sanjay majithia relied on the assistant commissioner, hindu religious and charitable endowment, salem v. nattamai k.s. eltappa mudaliar, air 1987 mad 187, in support of his contention when he urged for the dismissal of the suit ..... . (6) a decree passed in a suit under this rule shall be binding on all persons on whosebehalf, or for whose benefit, the suit is instituted, or defended, as the case may be.explanation:-- for the purpose of determining whether the persons who sue or are sued, or defend, have the ..... practicable, by public advertisement, as the court in each case may direct.(3) any person on whose behalf, or for whose benefit, a suit is instituted, or defended, under sub-rule (i), may apply to the court to be made a party to such suit.(4) no part of the claim in ..... ) the court shall, in every case where a permission or direction is given under sub-rule (1), at the plaintiffs expense, give notice of the institution of the suit to all persons so interested, either by personal service, or, where by reason of the number of persons or any other cause, such ..... suit is not within time? opd.8. whether the plaintiffs are estopped by their act and conduct from filing the present suit? opd.9. whether the defendants are entitled for special costs under section 35a of the c.p.c? opd.10. whether the suit is not properly valued for purposes of court-fee and jurisdiction? .....

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Aug 27 1979 (HC)

Commissioner of Income-tax Vs. Raman Industries

Court : Punjab and Haryana

Reported in : (1980)14CTR(P& H)138; [1980]121ITR405(P& H)

..... been well commenced'.' (emphasis* supplied). 13. a division bench of the madras high court in ganapathy raja valia raja of edapally v. commr. for hindu religious and charitable endowments, : air1955mad378 , observed that a party has a vested right to have a suit tried in a forum in which it was commenced. such a right ..... , try and determine suits between rs. 1,000 and rs. 2,000 which could be instituted by the plaintiff at his election in the high court acting under the provisions of section 21, presidency small cause courts act. the legislature also intended to deprive the high court of the jurisdiction to receive, try and ..... case.' (emphasis * supplied).10. in order to see whether the amendment of sub-section (2) of section 274 was effected retrospectively or not, it is necessary to determine as to whether it takes away a vested right of the assessee. it cannot be disputed that the right to institute proceedings is a procedural matter. ..... 882 as income from undisclosed sources. the assessee also agreed to pay tax on business income of rs. 30,118 as against the income of rs. 10,365 as declared by it earlier. thus, the assessment was completed on february 26, 1970, at a total sum of rs. 60,000. the ..... relevant to the assessment year 1965-66, the assessee filed a return of income on september 30, 1965, wherein it showed its income as rs. 10,365. while making the assessment the ito noticed that the assessee had purchased goods worth rs. 96,648 for which bills were not produced by it. .....

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Jul 17 1948 (PC)

Ram Lal S/O Kotu Mal and ors. Vs. Khushi Ram and ors.

Court : Punjab and Haryana

Reported in : AIR1949P& H233

..... 134-b and not article 144, which is a residuary article.21. article 134b applies to a suit by the manager of a hindu, muhammadan ob buddhist religious or charitable endowment to recover possession of movable property comprised in the endowment which has been sold by a previous manager for a valuable consideration and limitation period is twelve years from the death, resignation or removal ..... land stood in the name of shiv nath, and according to para 89 of the customary law by rattigan all property acquired by individual members of religious fraternity belongs, as a general rule, to the religious institutions to which they are attached. the first, as i have already pointed out, is contra dieted by the contents of the sale deed that shiv nath ..... also without force. for these reasons the judgments in these three cases do not bind the present defendants. the trial subordinate judge has held that they are relevant under section 13, evidence act. i think this finding of his is correct, but it means that the judgments are mere evidence of transactions in which the wakf nature of the property was recognised ..... as ex. p-7, dated 2nd december 1935, ex. p-9, dated 15th august 1937 and ex. p-16, dated slat july 1938. sent deed exs. p-8 and p-10 are dated respectively 22nd april 1937 and 12th february 1938. they also contain the recital that the kothris to which they related were owned by the sewa jsamiti, in both .....

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May 30 2009 (HC)

Gurleen Kaur and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR2009NOC2988(F.B)(P&H)

..... of the constitution of india allows every religious denomination to establish and maintain institutions for religious and charitable purposes. the provision also allows a religious denomination to manage its own affairs in "matters of religion". liberty is also extended to religious denominations to own and acquire immovable property, as also, to administer such property. in, the commissioner, hindu religious endowments' case (supra), the supreme court distinguished ..... december, 1971, respectively; and (ii) in the case of every electoral roll subsequently prepared under this act, shall be the 1st day of january of the year in which it is prepared and the year immediately preceding that year respectively. 10. qualifications of member. (1) a person shall not be qualified to be chosen or co-opted as a ..... are also being extracted under: - "8. qualifications of elector. every person who- (a) has been ordinarily resident in a ward ..... just like the gurdwara act of 1925, so under the gurdwara act of 1971, different rights are vested in sikhs depending on their level of adherence to the sikh religion and the rituals thereof. 53. the qualifications of an elector and of a member of the committee have been prescribed in sections 8 and 10 of the gurdwara act of 1971. the same .....

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Nov 09 2012 (HC)

“1. Whether Plaintiff Is Entitled for Recovery of the Vs. Shri Piara ...

Court : Punjab and Haryana

..... this doctrine, thus simply stated, is firmly established. . the position of the idol, therefore, is that of a legal owner and the position of the so-called trustee of a hindu temple or other religious or charitable endowment is that of a mere manager, venkateshwara v. venkatesa, i.lr (1941) mad. 599 : (air (28) 1941 mad. 499 f.b.).17. the guardian of a ..... the indian legislature in enacting the indian trusts act (ii [2]. of 1882) deliberately exempted from its scope the rules of law applicable to wakf and hindu religious endowments. . it is because of this peculiarity that the worshippers, the advocate general, a prospective shebait and any person interested in the temple or mutt, are allowed to institute a suit for the enforcement of the rights ..... ) conflict is, in my opinion, almost entirely due to an attempt to apply rules governing private trusts to public charitable and religious endowments. . therefore, the judgment relied upon has no application to the facts of the present case. section 3(42) of the general clauses act, 1897 defines the person to include any company or association or body of individuals, whether incorporated or not. the ..... upon the religious customs of the hindu, and the recognition thereof by courts of law, as `juristic entity . it has a juridical status with the power of suing and being sued. its interests are attended to by the person who has the deity in his charge and who is in law its manager with all the powers which would, in (10) rsa no .....

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Apr 17 1986 (HC)

Suraj Bhan (Died) and ors. Vs. Bodha Nand and ors.

Court : Punjab and Haryana

Reported in : AIR1987P& H183

..... following observations of b. k. mukherjea at page 143 in his treatise' the hindu law of religious and charitable trusts', 1970 edition:--'in cases where no express dedication is proved, the character of the endowment must always be a legal inference from proved facts. as in the case of ..... approved the following observations of the high court:'it is not disputed that for the foundation of a charitable endowment by a hindu in this province no writing is required. what is necessary is that the purpose be clearly specified and that the property intended ..... instituted a suit earlier and therein placed reliance on a document dt. 25-12-63, ex.pw 10/1 to prove trust. according to him, now the plaintiffs cannot allege constructive trust.12. i have duly considered the argument but do not find any substance therein. the provisions of the trust act do not apply to public religious or charitable ..... was affirmed by the supreme court in deoki nandan v. murlidhar, air 1957 sc 133, and it was observed there that an endowment can validly be created in favour of an idol or temple without the performance of any particular ceremonies, provided the settlor has clearly ..... for the endowment should be set apart as dedicated to that purpose. it is necessary that the donor should divest himself of the property. whether he has done so is to be determined by his subsequent acts .....

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Aug 11 2011 (HC)

D.A.V. Charitable Trust and Management Society Vs. State of Punjab and ...

Court : Punjab and Haryana

Reported in : 2011(4)PunLR763; 2012(2)RCR(Civil)8; 2012AIR(PandH)70

..... to the definition of the "charitable purpose" as defined under the charitable endowments act, 1890, which reads as follows:- "charitable purpose" includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but does not include a purpose which relates exclusively to religious teaching or worship." according to him, therefore, the petitioner-institution comes squarely within a trust established ..... the state would contend that the society is registered only under the societies registration act and has not been notified in the official gazette by the appropriate government which is the state government under the charitable endowments act in the manner provided under sections 4, 5 and 6. section 4 of the charitable endowments act, 1890, reads as follows:- "4. orders vesting property in treasurer.-(1) where any property ..... is held or is to be applied in trust for a charitable purpose, the appropriate government, if it thinks fit, may, on application .....

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Nov 08 1974 (HC)

Hanuman Dall and General Mills, Hissar Vs. the State of Haryana and or ...

Court : Punjab and Haryana

Reported in : AIR1976P& H1

..... 23. in sudhidra thirtha swamiar v. the commissioner for hindu religious and charitable endowments, mysore, air 1963 sc 966, the supreme court was called upon to consider whether the levy impugned in that case could be justified as a fee. that levy, which was an annual contribution levied under the madras hindu religions endowments act (19 of 1951), was upheld on the ground ..... objection was also raised to the donations given by the various market committees to educational institutions imparting general education and not education in marketing or agriculture, as stated in clause (xiii) of section 28. such donations are not within section 28 of the act. the institutions imparting general education cannot be said to promote the general interest of the committee or ..... points of law involved in these cases. the words 'one rupee and fifty paise' were substituted for the words 'one rupee' in section 23 of the act by the punjab agricultural produce markets (haryana amendment) act (10 of 1974), which came into force on january 30, 1974. the objects and reasons for the increase were stated as under:--'at present ..... and repair of approach roads, culverts, bridges and other such purposes;(ix) expenses incurred in the maintenance of the offices and in auditing the accounts of the committees;(x) propaganda in favour of agricultural improvements and thrift;(xi) production and betterment of agricultural produce;(xii) meeting any legal expenses incurred by the committee;(xiii) imparting education in .....

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May 12 2015 (HC)

Ram Singh deceased through his L.Rs. Vs. Nawal Singh deceased through ...

Court : Punjab and Haryana

..... law is unknown in the hindu system. hindu piety found expression in gifts to idols, to religious institutions and for all purposes considered meritorious in the hindu social and religious system. therefore, although courts in india have for a long time adopted the technical meaning of charitable trusts and charitable purposes which the courts in ..... this being so, the incidents of the tenure as to resumption or assessment of rent would be governed by section 30 of the rent act and sections 79-84 of the revenue act, being matters which lie beyond the jurisdiction of the civil court. whether the defendant nasiba had, under those ..... from the very inception of the dohli by virtue of the then prevailing traditions and customs among the hindus while making such an eleemosynary endowment for personal spiritual benefit. as i understand from a reading of the entry, the land would not necessarily revert back only because ..... of the plaintiffs asserting that the suit land was given as a gift and not for the purposes of performing religious ceremonies of the landholding family in perpetuity. 10. the unsuccessful defendants urged in first appeal the essential ingredients for creation of a dohli at the initial stage were ..... income tax act, 1922. the observations made are of some help in this appeal. in para. 24 of the report the following was held:- "24. incidentally, we may also point out that as early as 1928 in the decision in the case of archaka sundara raju dikshatulu v. archaka seshadri dikshatulu .....

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