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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Page 5 of about 55 results (0.055 seconds)

Jan 24 1996 (SC)

Sri Sri Sri Lakshamana Yatendrulu and Others Etc. Etc. Vs. State of An ...

Court : Supreme Court of India

Reported in : AIR1996SC1414; JT1996(1)SC535; 1996(4)KarLJ394; 1996(1)SCALE543; (1996)8SCC705; [1996]1SCR929

..... . the petitioners seek to question the vires of sections 2(22), 2(27) and sections 47 to 55 in chapter v of the andhra pradesh charitable & hindu religious institutions & endowments act, 1987 (30 of 1987) (for short, 'the act'). but at the time of hearing shri k. parasaran, their learned senior counsel, restricted his arguments to the validity of sections 50 to 55. the petitioner in the first writ ..... stated and bears no repetition. the mahant may himself nominate his successor. in other words, the predecessor mahant should keep the prohibited grounds enumerated in sub-section (1) of section 51 and qualifications mentioned in section 53(2) before he nominates the successor. he is the best person to adjudge among his disciples or any other persons, the most fitting person eminently ..... is a reasonable period. it would enable the commissioner to consider all relevant aspects and to take a decision of his granting permission for recognition of the math idiopathic .10. section 54(2) governs the case of nomination by previous math idiopathic and when a math idiopathic is not available to nominate his successor, a meeting of the math idiopathic ..... onward march of civilisation from tribal society to modern life would appropriately be dealt with in the connected cases relating to archakas. suffice it to state that it is the duty of mahant to practise and propagate the religious tenets of which he is an adherent and if any provision of law prevents him from propagating his doctrine that would .....

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Aug 14 1997 (HC)

Javvadi Sriranganayakulu and anr. Vs. Sabbella Pulla Reddy and ors.

Court : Andhra Pradesh

Reported in : 1998(1)ALD78; 1997(6)ALT173

..... 1. the plaintiffs are theappellants. their suits instituted under section 78 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (for short, 'the endowment act') for setting aside the order passed by the 2nd defendant under section 77(1)(a) of the endowment act, whereby the suit house, suit ramalayam and the suit lands have been declared as public charitable endowments and recovery of the suit house has been ..... in result, the trial court found that the suit house was a public charitable institution within the meaning of section 2(4) of the endowment act as it was used as dharmasala or choultry for the benefit of public and the suit land was also a public and religious endowment and the income from it should be utilised for the maintenance and up keep ..... 3. the 1st defendant had filed a petition in oa 140/74 under section 77(l)(a) of the endowment act for taking possession of the suit house as also the temple called ramalayam together with the properties endowed to them as, according to him, these properties were public charitable endowments. the petition wasresisted by the plaintiffs and j. laxmayya naidu, who ..... of the temple and choultry. holding so, the trial court dismissed the suit.10. feeling .....

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Jan 19 2004 (HC)

S.V. Sudhakara Rao Vs. State of A.P. and anr.

Court : Andhra Pradesh

Reported in : 2004(2)ALD302; 2004(3)ALT503

..... 1966 on the subject of charitable and hindu religious institutions.6. by sub-section (3) of section 1, the act was made applicable to hindu religious institutions and public charitable institutions whether or not registered in accordance with the act. section 16 of the act, abolished the rights of a person for the office of hereditary trustee or dharmakartha and by section 14, all properties belonging to religious institution are vested in the institution or endowment which shall be governed ..... the general public regarding functioning of charitable and hindu religious institutions, government constituted a commission headed by retired chief justice of high court of a.p. shri challa kondaiah to review and suggest measures for better management of institutions and endowments including tirumala tirupathi devasthanam. the commission submitted a report on 28.2.1996 recommending abolition of hereditary rights of archakas, myrasidars and other servants and steps ..... by a board of non-hereditary trustees appointed as per section 15 exercising powers and duties under sections 23 and 24 of the act. section 15 of the act deals with appointment of board of trustees. if the income of the temple or an institution exceeds rs. 10.00 lakhs, it is the government .....

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Nov 30 2001 (HC)

Assistant Commissioner, Endowments Department, Chittoor Vs. Arya Vysya ...

Court : Andhra Pradesh

Reported in : 2002(2)ALD796

..... prosecuting their higher studies and hence it is a specific charity. it was also pleaded that the said institution is required to be registered under section 30(8) of the hindu religious and charitable endowments act, act 17 of 1966 (hereinafter to referred to in short as act for the purpose of convenience) and the representatives of the said sangham had refused to registered it and ..... point of time in view of the general powers covered by clause 10.20. in fact, the deputy commissioner, endowments, kurnool had clearly observed that the evidence adduced relating to the nature of charities and charitable purposes is highly insufficient and it cannot be held that the institution is a charitable institution which had been in fact confirmed even by the learned district judge, ..... v. inland revenue commissioner (4) 1947 ac 447, said 'that the classification of charity in its legal sense into four principal divisions must always be read subject to the qualifications appearing in the judgment of lindley l.j., in re macduff (5). this classification was adopted in indian central parliament and various state legislatures. in deputy commissioner v. vijayawada ..... journals, periodicals and the like for the attainment of all of any of the objects of the sangham.9. to promote the spiritual and cultural life of the community.10. in general to pursue such other activities as may help the advancement of the community.19. the objects of the 1st respondent as specified above definitely disclose that most .....

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Aug 07 2001 (SC)

Teki Venkata Ratnam and ors. Vs. Dy. Commissioner, Endowment and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2436; 2001(6)ALT8(SC); JT2001(6)SC295; (2001)3MLJ196(SC); 2001(5)SCALE81

..... under section 87 of andhra pradesh charitable and hindu religious institutions & endowments act, 1987'?2. in brief, the facts leading to the filing of this appeal are : it appears, a notice was issued by the inspector of endowments on 8-10-1975 to the executive officer of shri panduranga vitthal swami temple, chilakalapudi to register the said temple under sections 38 and 39 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 ..... (for short 'the 1966 act'). challenging the same, w.p. no. 5480 of 1976 was filed. the said ..... the administration and governance of charitable and hindu religious institutions and endowments in the state of andhra pradesh. section 1(3) of the act makes the act applicable to all public charitable institutions and endowments, whether registered or not, other than wakfs and it also applies to all hindu public religious institutions and endowments whether registered or not in accordance with the provisions of the act. section 2(23) of the act defines 'religious institutions' -- means a math, temple or .....

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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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Jan 24 2006 (HC)

Karumuri Prakash Vs. Arya Vysya Sangham and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALD387; 2006(1)ALT733

..... india and the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act hereinafter called as 'act' cannot be applied to these institutions.admittedly, all these institutions were registered under section 38 of the old act 1966 and continue to be registered institutions under section 43(3) and section 155 (2) of the new act. as long as the order of registering the institutions with the endowment authorities are in force, the relief sought ..... the judgment of the apex court in sri adi visheshwara of kashi vishwanath temple v. state of u.p. : [1997]2scr1086 . with regard to merits of the appeal, he also relied on sri kanyaka parameswari anna satram committee v. commissioner . : [1997]3scr402 hindu religious charitable and endowments. he submitted that earlier the plaintiffs filed w.p. no. 21663/2000 and in the said writ petition, the ..... which are an integral part of religion are protected. it is well-settled law that administration, management and governance of the religious institution or endowment are secular activities and the state could regulate them by appropriate legislation.(emphasis added)10. from the above it is clear that management of the temple is a secular function, which has to be governed by relevant legislation. for .....

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Jan 17 1997 (HC)

H.H. Jagadguru Channa Basava, Mahaswamy, Matadhipathi Vs. Comissioner ...

Court : Andhra Pradesh

Reported in : AIR1997AP213; 1997(1)ALT451

..... devotees with offerings in the shape of lands, money, foodgrains etc., the mathadhipathi is held in great veneration by his devotees and disciples. this institution was registered under section 38 of the old hindu religious and charitable endowments act in 1939.4. according to the custom and usage of the math the successor to the peetham is by way of nomination by prdecessor mathadhipathi. ..... nomination of the matadhipathi. the matadhipathi may himself nominate his successor. the predecessor matadhipathi should keep in mind the prohibited grounds enumerated in sub-section (1) of section 5! and qualifications mentioned in section 53(2) of the act before he nominates the successor. the predecessor matadhipathi is the best person to adjudge among his disciples or any other persons, the most fitting ..... death of sri karibasava swamy, the predecessor matadhipathi the vacancy in the office of matadhipathi arose. on the other hand, even according to the endowment commissioner, as could be seen from the impugned order dt. 10-8-1992, the third respondent was nominated on 12-3-1984 as uttaradhikari by sri karibasava swamy. if that is so, there is ..... absolutely no scope for invoking the power granted to the endowment commissioner under section 52 of the act. under section 52 of the act, the endowment commissioner has the power to make an .....

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Aug 05 1988 (HC)

State of Andhra Pradesh Vs. Bhramaramba Mallikarjuna Swamy Devasthanam

Court : Andhra Pradesh

Reported in : [1989]73STC321(AP)

..... the devasthanam may be noticed. 5. admittedly, the assessee-devasthanam is governed by the andhra pradesh charitable and hindu religious institutions and endowments act (for short 'the endowments act'). section 2(22) defines 'religious institution', as a math, temple or specific endowment and includes a brindavan, samadhi or any other institution established or maintained for a religious purpose. section 2(26) defines 'temple', as a place by whatever designation known, used as a place of ..... of the endowments act. under section 50 of the endowments act, the budget is prepared for various purposes enumerated thereunder which are all admittedly of religious and charitable, in nature. section 67 of the endowments act provides for utilization of surplus funds for all or any of the following purposes : (i) propagation of the religious tenets of the institution or endowment; (ii) establishment and maintenance of schools for the training of archakas, adyapakas, and ..... to face storage and consequential problems leave alone the problem of hazard to the health of the pilgrims.' 10. before adverting to the case laws cited across the bar, the relevant statutory provisions under the andhra pradesh general sales tax act, be set out : section 2(1)(bbb) defines 'business' as : '(i) any trade, commerce or manufacture or any adventure or concern in .....

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Apr 28 1999 (HC)

Executive Officer, Group Temples, Guntur Vs. Dasaratha Rama Rao and Ot ...

Court : Andhra Pradesh

Reported in : 1999(4)ALD164; 1999(3)ALT466

..... ald 1187. that was a case where appointment was made under section 27(2)(b) of the repealed a.p. charitable and hindu religious institutions and endowments act, 1966 (hereafter referred to as the 'repealed 1966 act'). the said action was under section 27 of the repealed 1966 act. at that point of time the office of hereditary trustee was ..... in the instantcase was by the commissioner and was obviously under section 8 of the act. this court has held in g.r. murthy v. government of andhra pradesh, 1997 (5) ald 285, that appointment of executive officer under section 8 of the act is valid. this view was confirmed by us while dealing ..... petitions bearing numbers 10277 of 1991, 13210 of 1991, 6025 of 1992, 11390 of 1992, 12518 of 1994,20938 of 1994, 18179 of 1997, 30426 of 1997 and 2375 of 1998 are dismissed.17. wa no. 1940 of 1998 is dismissed. wa no.461 of 1999 is allowed and the writ ..... rejecting the petition for review which was made by the appellant before the learned single judge for reviewing the orders in wp no.] 1037 of 1997 disposed of on 24-6-1998. the review petition was rejected on 4-8-1998. in the writ petition filed by the appellant, ..... qualification of trusteeship while section 19 sets out the disqualifications for the trusteeship. the hereditary trustees has no right in our opinion, except of being appointed as trustees in the board of trustees when constituted, subject to they being qualified under the provisions of the act. presently we are not concerned about this aspect.10 .....

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