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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Page 4 of about 60 results (0.051 seconds)

Mar 19 1996 (SC)

A.S. Narayana Deekshitulu Vs. State of Andhra Pradesh and Others

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; [1996]3SCR543

order1. this and connected writ petitions and transfer cases concerned the constitutionality of sections 34, 35, 37, 39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act (for short, the 'act') abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple in west godavari district. the facts in writ petition no. 638/87 are sufficient ..... , 1989, dr. s.d. sharma stated thus :we in india, however, understand secularism to denote 'sarva dharma samabhava': an approach of tolerance and understanding of the equality of all religions'. x x x x x x x x x x the bhagwad gita indicates this explicitly in the following shlokas :;s ;fkk eka izi|fur rflrfkso xtke;gaeeor;kzuqrrurs euq';k% ukfkz loz'k%aaye yatha main prapadyante temptathaiva bhajamy ..... in learning etc., agama training schools in the respective regions, viz., andhra, telengana and rayalseema were established and training in fact is imparted to the candidates. the recognition of the qualifications by the commissioner is one of the conditions, but we have seen the rules made in this behalf. rules provide elaborate procedure, competent persons having specialised knowledge in the respective .....

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May 15 2007 (SC)

Sri Gedela Satchidananda Murthy (D) by Lrs. Vs. Dy. Commnr., Endowment ...

Court : Supreme Court of India

Reported in : 2007(6)ALD44(SC); (SCSuppl)2007(3)CHN152; (2007)5MLJ177(SC); 2007(7)SCALE614; (2007)5SCC677

..... plaintiffs should not apply for registration of the temple/ institution as a public institution within the meaning of sections 38 and 39 of the a.p. charitable and hindu religious institutions and endowments act, 1966 (for short 'the act'). 4. an application was filed before respondent no. 1 for deletion of the said institution from the list of charitable and hindu religious institutions and endowment. the said application was dismissed by an order dated ..... as of right by, the hindu community or any section thereof as place of public religious worship and includes sub-shrines, utsava mantapas, tanks and other necessary appurtenant structures and land;[emphasis supplied]10. section 77 of the act provides for the jurisdiction of the deputy commissioner to decide the dispute inter alia in regard to the nature of endowment, viz., whether it is private ..... idols are permanently installed on a pedestal within the temple precincts. that is more consistent with the endowment being public rather than private. thirdly, the puja in the temple is performed by an archaka appointed from time to time.[see also bihar state board of religious trusts v. bhubneshwar prasad choudhary : [1974]3scr867 38. in state of bihar v. charusila dasi : ..... s.b. sinha, j. 1. one gedela appala swamy naidu was owner of a piece of land measuring 81 x 70 sq. yards situated in a secluded locality on the hills situated at village simhachalam. he died leaving behind him his wife atchamamba and son g. satchidananda murthy ( .....

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Aug 14 1981 (HC)

A.B. Nageswara Rao Vs. the Deputy Commissioner, Endowments Department, ...

Court : Andhra Pradesh

Reported in : AIR1982AP110

..... functions of the assistant commissioner under the act or the rules made thereunder in respect of any charitable institution or endowment as specified in sub-sec. (5)of s. 3 'deputy commissioner',, 'joint commissioner' and commissioner' were similarly defined. the expressions 'charitable endowment',, 'charitable institution', 'religious endowment',, 'religious institution',, 'math',, 'temple',, 'trustee' and 'hereditary trustee' are all defined. s.2 (17) defines 'math' as meaning a hindu religious institution presided over by a person, whose principal ..... the government to direct the commissioner and every joint, deputy or assistant commissioner and appointed under sub-sec. (1) to exercise the powers and perform the functions conferred on or entrusted to them by or under the act, in respect of charitable institutions or endowments. s. 4 prescribes the qualifications for appointment as commissioner, joint commissioner, deputy commissioner and assistant commissioner. s. 5 empowers the commissioner ..... . p. no. 3473 of 1977. it was urged on behalf of the appellant that the jurisdiction of the deputy commissioner was defined by section 10 read with s. 6 (b) (ii) of the act and confined to the religious institutions and endowment other than maths whose annual income exceeded rs. 20,000 but did not exceed rupees one lakh, that maths were expressly placed outside the .....

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Oct 12 2007 (HC)

Chinni Subba Rao Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2008(2)ALD123; 2008(3)ALT190

..... . in banda raghavendra rao v. the assistant commissioner, endowments, vijayawada, krishna district : 2008(1)ald51 , this court, at para 10 observed as hereunder:in g. rajendranath gound v. state of andhra pradesh and ors. : 2006(1)ald705 , while dealing with section 87(1)(h), 15, 17(1) and 20 of a.p. charitable and hindu religious institutions and endowments act, 1987 held that when a member or members of ..... on 21.7.1997. in view of said position, sri chinni subba rao s/o. late sri chinni chinna subbarayulu setty is declared as member of the founder trustee under section 15(3) of the act 30/87 and as per the a.p. ordinance no. 7/2002, dated 24.8.2002 issued by the government to the said institution.the inspector endowments department, nellore ..... appointed as a trustee or chairman of trust board. as a matter of course, such person has to fulfil the qualifications in section 18 of the act and rule 8 of the rules and should not incur disqualification under section 19 of the act. further even in a case where the number of applications received by the competent authority is equal to the number of ..... committee. during his tenure, he committed several irregularities and misappropriated huge amounts belonging to the college committee. therefore, the educational committee was constrained to file o.s. no. 75 of 1997 on the file of the i additional district judge, nellore for recovery of rs. 5,15,556/- with subsequent interest thereon. the learned i additional district judge, nellore was pleased .....

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Apr 23 1979 (HC)

Sri Bramaramba Chennamalleswara Swami Temple, Isukapdili Vs. theta Nar ...

Court : Andhra Pradesh

Reported in : AIR1979AP297

..... pradesh charitable and hindu religious institution and endowments act (act no. xvii) of 1966 (hereinafter called 'the act') stating that one kesana narasimhulu and forty other persons had encroached upon survey nos. 58/1 and 38/2 of isukapalli village belonging to sri bramaraml chennamalleswaraswamy temple isukapalli and constructed houses there and hence they should be evicted. it a stated that in a compromise between the archakas ..... that this provision resolves practical difficulties and prescribes a workable scheme for the administration of religions institutions, they further observed that when a ..... any other religious institution having more than one trustee, the trustees of such institution shall elect one of their members to be the chairman and that a chairman elected under sub-sec. (1) or sub-sec. (2) shall hold office for such period as may be prescribed' then, the teamed judges referred to r. 10 of the rules framed under the act and observed ..... we will presently refer) are not correct. 10. first, we take up the question whether the order of the deputy commissioner dated 30th sept. 1970 under s. 15 (4) of the act that possession of the lands of the temple should be delivered to the managing trustees is valid or not section 75 of the act reads as follows:- '75. (1) where .....

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Mar 21 1967 (HC)

Vallabharana Swami Varu (Deity) of Swarna Vs. Devi Hanumacharyulu and ...

Court : Andhra Pradesh

Reported in : AIR1969AP392

..... it does not fall within the definition of religious institution or endowment. that it is a personal grant in favour of the archaka burdened with service and that in such a case, the respondents are not entitled to levy any contribution under section 76 of the hindu religious & charitable endowments act. 1951, corresponding to section 59 of the new andhra pradesh charitable and hindu religious institution and endowments act (xvii of 1966). in view of the ..... the court fee payable on the memorandum of appeal. writ petition no. 691/59:10. one of the archaka-respondents in the above appeal filed this writ petition for the issue of a writ in the nature of mandamus directing the respondents i.e. the commissioner. hindu religious and charitable endowments. hyderabad the assistant commissioner. district collector and tahsildar. bapatla to forbear from collecting ..... on behalf of the respondent. ex. a. 8 and ex. a 9 are the re-survey and settlement registers which described the deity as the pattadar and ex. a 10 to ex. a 17 are the extracts from the adangal (cultivation) registers wherein also it is shown that the patedar is the deity. relying on the above documents. the ..... included in the total extent of the grant. column 8 shows that it is devadayam for the archakatwam service or rendering daily worship to the akhandam or maintaining lamp, column 10 shows that it is hereditary. in column 11, referring to the name of the grantor. it is stated that the name of the grantor is unknown. from the .....

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Sep 07 2000 (HC)

K. Susheela Vs. Commissioner of Endowments, Tilak Road, Boggulakunta, ...

Court : Andhra Pradesh

Reported in : 2000(5)ALD544; 2000(5)ALT366

..... made by the supreme court in pannalal bansilal patil v. state of andhra pradesh, : [1996]1scr603 while upholding the constitutional validity of section 16 of the a.p. charitable and hindu religious institutions and endowments act 30 of 1987. it is further contended that assistant commissioner's order dated 5-6-1997 if at all could be revised by the commissioner in purported exercise of the power under ..... . 11. the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the act') itself is enacted as is evident from the statement of objects and reasons with a view to have a comprehensive law providing the better management of the properties and utilisation of funds of the institutions and endowments, abolishing the hereditary rights of archakas, mirasidars and other servants. the act intends to abolish the hereditary ..... power exercised by the assistant commissioner is not a delegated one. the assistant commissioner is originally vested with the power to register an institution or endowment under section 43 of the act and he is the authority under section 43(10) of the act to issue certificate after making such additions as may be necessary to the original registration.it is contended by the learned government. pleader .....

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Oct 15 2003 (HC)

Secretary to Government, Revenue (Endowments) Department and ors. Vs. ...

Court : Andhra Pradesh

Reported in : 2003(6)ALD225

..... amend the law relating to the administration and governance of charitable and hindu religious institutions and endowments in the state of andhra pradesh. the said act came into force in the whole of the state of andhra pradesh with effect from 26-1-1967. 34. clause (a) of sub-section (3) of section 1 of the act 17 of 1966 in clear and categorical terms declares that ..... regard to the purpose for which the gurukul ghatkeshwar has been established, it is a charitable institution as defined in the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (act 17 of 1966) and as well as the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (act 30 of 1987) and its properties are charitable endowments. the combined effect of these provisions is that an alienation made by the trust ..... accordingly recommended to its president - b.kishan lal to proceed further in the matter for the sale of the lands in his capacity as the president of the gurukul committee.10. that by another resolution passed on 164-1982, b.kishan lal, president of the gurukul ghatkeshwar trust, was further authorised to effect the sales of lands at khanamet and ..... disputed by the state as well as fit person about which we do not propose to make any further enquiry. 47. in mannalal khetan v. kedar nath khetan, (1997) 2 scc 424, the apex court stated the principle succinctly: 'it is well established that a contract which involves in its fulfilment the doing of an .....

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Sep 26 2007 (HC)

Adabala Raju and ors. Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2008(1)ALD145

..... pendency of the writ petition shall not preclude 4th respondent from auctioning the leasehold rights of the agricultural lands in accordance with section 82(3) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 read with the andhra pradesh charitable and hindu religious institutions and endowments lease of agricultural lands rules, 2003. it is also further stated that in this connection 4th respondent shall take necessary ..... 2003. it is also further stated that the 5th respondent was recognized as member of founder's family of the said choultry by the asst. commissioner, endowments department, rajahmundry by his orders dated 22.10.1996 in rc. no.a5/9497/96. it is also stated that the allegation that the said choultry was established in 1940 for the purpose of ..... earlier cultivators had agreed to pay but some of them failed to pay even the agreed amount. this is the stand taken by the 4th respondent in the counter-affidavit.10. in the counter-affidavit filed by the 5th respondent, substantially, the same stand had been taken which was taken by the 4th respondent.11. the counsel for petitioners ..... is further stated that this respondent issued the auction notice dated 5.7.2007 and also circulated terms and conditions of the auction in strict compliance of the rule 10 of endowments lease of agricultural lands rules, 2003 and the auction proceedings issued by this respondent are in compliance of the said rules. it is also further stated that only .....

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Dec 30 2008 (HC)

Poojar Gururajachar and ors. Vs. State of Andhra Pradesh Rep. by Its S ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT736

..... and to afford proper training to the existing archakas and to other servants of the institutions and endowments wherever necessary, and accordingly, enacted the a.p. charitable and hindu religious institutions and endowments act, 1987, which inter alia abolished the hereditary rights of archakas and other office holders.10. admittedly, the validity of sub-section (1) of section 34 of the endowments act, which abolished hereditary rights of archakas and other office holders, was upheld by ..... recruitment, age of superannuation, seniority, promotion etc. now that the fund as provided under section 65 ..... on them under section 35(4) read with section 153 of the endowments act, framed rules known as a.p. charitable and hindu religious institutions and endowments office holders and servants service rules, 2000 (hereinafter referred to as 'the service rules'), and notified them in g.o. ms. no. 888, revenue (endowments.), dated 08.12.2000, which among others provided for appointing authority, fixation of cadre strength, qualifications, disqualifications, age of .....

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