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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Page 3 of about 55 results (0.134 seconds)

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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Aug 03 1987 (SC)

Mahant Bal Dass Vs. State of Himachal Pradesh and anr.

Court : Supreme Court of India

Reported in : 1987Supp(1)SCC701

..... high court challenging the constitutional validity of the himachal pradesh hindu public religious institutions and charitable endowments act, 1984 insofar as it purports to include at serial no. 10 of schedule i of the act, the religious denomination or asthal known as mandir damtal at damtal, district kangra as being one of the hindu public religious institutions and charitable endowments specified therein governed by the act on the ground that the said temple is not ..... contends that the appellant was entitled to challenge the constitutional validity of the act as also the inclusion of the said temple as being one of the hindu public religious institutions and charitable endowments governed by the act on the basis that it was not a charitable endowment within the meaning of section 2(7) of the act. he drew our attention to an earlier decision rendered by district judge, hoshiarpur ..... and kangra districts dated january 31, 1940 on an application under section 4 of the charitable and religious trusts act, 1920 holding that the thakardwara .....

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Jul 12 2002 (HC)

H.M. Basamma (Deceased) by L.Rs. Vs. the Commissioner of Hindu Religio ...

Court : Karnataka

Reported in : 2002(4)KarLJ535

..... 8-1970 holding that it was a temple coming within the purview of the hindu religious and charitable endowments act and directed the assistant commissioner, hindu religious and charitable endowments, bellary to take suitable steps for the better management of the institution as per rules and further held that the plaintiff was the hereditary archaka-cum-trustee of the said temple. it was further averred that taking advantage of ..... interconnected and to avoid repetition.the suit of the plaintiff was filed under section 62 of the act read with order 7, rule 1 and section 26 of the civil procedure code. the scope of the suit filed under section 62 of the act has been considered by this court in commissioner of hindu religious and charitable endowments, karnataka, bangalore and anr. v. committee of management of jeeva samadki ..... respondent in the said appeal to file the suit, the said appeal was disposed off on 28-2-1972 and wherefore the suit that was filed on 15-11-1997 was clearly barred by time and wherefore it is clear that the trial court was justified in holding that the suit filed by the plaintiff was barred by time ..... the suit of the plaintiff. being aggrieved by the said judgment and decree dismissing the suit of the plaintiff, the legal representatives of the plaintiff have preferred this appeal.10. i have heard the learned counsel appearing for the appellants and the learned high court government pleader appearing for the respondents.11. having regard to the contentions urged, the .....

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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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Jan 17 1996 (SC)

Pannalal Bansilal Patil and Others Etc. Vs. State of Andhra Pradesh an ...

Court : Supreme Court of India

Reported in : 1996IAD(SC)684; AIR1996SC1023; 1996(3)ALT1(SC); JT1996(1)SC516; 1996(4)KarLJ252; 1996(1)SCALE405; (1996)2SCC498; [1996]1SCR603; 1996(1)LC265(SC)

..... a view to remedy the same and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act was enacted. instead of management by a single person chapter iii introduced in section 15, 17, 18 and 19 as a composite scheme prescribing disqualifications and qualifications for trusteeship, procedure for appointment of trustees and appointment and constitution of the board of trustees ..... the law relating to the administration and governance of charitable and hindu religious institutions and endowments ..... endowment allotted or allowed to be in possession and enjoyment of any archaka, office holder or servant towards remuneration or otherwise for rendering service and for defraying the 'paditharam' and other expenses connected with the service or management of the temple, shall stand abolished with effect on and from the commencement of this act.10. the object of the act is to consolidate and amend .....

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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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Mar 30 1978 (HC)

Kanyakaparameswari Varthaka Sangham Vs. Commissioner of Endowments, An ...

Court : Andhra Pradesh

Reported in : AIR1979AP173

..... commissioner to prepare separately end publish in the prescribed manner a list of all mutts charitable institutions and endowments, religious institutions and endowments with reference to their income. section 8 of the act vests in the commissioner the general superintendent and control over the administration of all charitable and hindu religious institutions and endowments. he is empowered to pass any order which may be deemed necessary to ensure the ..... from those on which the district judge had rested his judgment. jeevan reddy j., held that the sangham it self was a charitable institution and that all properties owned by it including the sachram were necessary charitable endowments. the sangham has ..... the choultry and there could therefore be no difficulty in concluding that the building was a charitable endowment he,therefore, decreed the suit 5. the sangham preferred an appeal to the high court. jeevan reddy, j.. by his judgment dated 27-10-1976 confirmed the decree of the trial court, but he rested his decision on grounds different ..... on behalf of the members. finally it is expressly provided, 'the objects of this association may be altered or new provisions made in accordance with section 12 of the societies act' 10. it is patent from the memorandum of the association and the bylaws that the varthalea sangham is primarily meant to serve the needs to the merchant .....

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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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Apr 24 2007 (HC)

G. Ravinder Vs. Commissioner for Endowments and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD587

..... and the same was accepted with certain modifications and outcome is the new act i.e. the andhra pradesh charitable and hindu religious institutions and endowments act, 1987. section 35 of the act deals with the appointment of office holders and servants etc., and sub-section (4) of said section states that the qualifications, method of recruitment and temporary appointments, pay and allowances, discipline and ..... necessary to examine certain provisions, which have bearing on the resolution of the issue in this batch of cases. the governance of the charitable and hindu religious institutions in the state of andhra pradesh was earlier regulated by the provisions of the andhra pradesh charitable and hindu religious institutions act, 1966. when ..... him. learned advocate-general placed reliance on the judgments in p.s.r. subrahmanyam v. commr., endowments 1997 (6) ald 57 (db), a.b. srinivasan v. state of a.p. and ors. : 1998(2)ald640 , institute of chartered accountants of india v. price waterhouse : (1997)6scc312 , surinder singh v. central government : [1986]3scr946 , b. varadha rao v. state ..... of karnataka 1986 (2) slr 60, and ajeet singh singhvi v. state of rajasthan 1991 supp. (1) scc 343.10. before proceeding with the matter, i deem it .....

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Oct 19 2001 (HC)

Commissioner of Endowments, Andhra Pradesh, Hyd. and anr. Vs. All Indi ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD747; 2001(6)ALT539

..... f. it is not in dispute that it was also registered under the andhra pradesh charitable hindu religious institutions and endowments act, 1966 (act 17 of 1966) which act stood repealed and replaced by reason of section 155 of the a.p. charitable and hindu religious institutions & endowments act, 1987 (hereinafter referred to as the 1987 act). a notice dated 24.10.1987 issued by the joint commissioner intending to appoint board of trustees was the subject ..... were dealing with madras hindu religious and charitable endowments act, 1959, section 1(3) whereof reads thus:it applies to ail hindu public religious institutions and endowments including the incorporated devaswonms and unincorporated devaswoms.explanation:- in this sub-section, hindu public religious institutions and endowments do not include jain religious institutions and endowments.29. section 87 of the said act empowers the deputy commissioner to decide a question as to whether an institution or endowment is a charitable institution or endowment or not as also ..... rule 72 of the rules in relation to the present lease is concluded by the earlier decision of this court rendered in prem nath sharma v state of u.p. : [1997]3scr774 . from a bare perusal of the said judgment of this court it would be clear that the question as to whether rule 72 was applicable or not was never .....

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