Skip to content


Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1962

Apr 06 1962 (HC)

Mohammed Jacoo Sait Vs. District Collector of Trichur District and ors ...

Court : Kerala

Decided on : Apr-06-1962

Reported in : AIR1962Ker343

..... the provisions made in the madras hindu religious and charitable endowments act, madras act 19 of 1951. he particularly referred us to section 5 of the said act, where certain statutes either in whole or in part have been either repealed or not made applicable to, hindu religious institutions and endowments. in particular section 5(3) (b) and (e) are to the effect that the religious endowments act, 1863, and sections 92 and 93 of the code ..... act although negative in form is really affirmative in content and that what it really means is that any person or authority may institute a suit of the kind described with consent ..... occurring in chapter iii deals with the establishment of a board of wakfs by the state government; and the constitution of the board is laid down in section 10. section 10 will show that the board is to consist of 11 members in the case of a state and the union territory of delhi and of five members in the case ..... board in respect of any act purporting to be done by it in pursuance of this act or of any rules or orders made thereunder'. is there any inconsistency between sub-sections (3) and (4) on the one hand and sub-sections (1) and (2) on the other? we can find none.10. it has been argued that sub-section (2) of section 55 of the wakf .....

Tag this Judgment!

Nov 20 1962 (SC)

H.H. Sudhundra Thirtha Swamiar Vs. Commissioner for Hindu Religious an ...

Court : Supreme Court of India

Decided on : Nov-20-1962

Reported in : AIR1963SC966; [1963]Supp2SCR302

..... total receipts under the head xxxvi miscellaneous - (c) miscellaneous - administration of madras hindu religious and charitable endowments act, 1951' amounts to rs. 3,16,013-1-3 and the total receipts under 'xlvi-miscellaneous (d) fees for government audit' by way of contribution recovered from the religious institutions amounted to rs. 2,27,531-4-10. the total expenditure during the said period towards salary and allowances of ..... all the amounts collected under cls. (1) and (2) have to be spent for meeting the expenses in connection with the performance of the duties rendered to the religious institutions and for no other purposes. by section 81(1) a separate fund called 'the madras hindu religious and charitable endowments administration fund' is constituted and that fund vests in the commissioner, and by clause (2) of that ..... sums paid to the government shall be deemed to be contributions and further sums, as the case may be, paid to the commissioner under section 76(1) and section 76(2) as amended by the madras hindu religious and charitable endowments (amendment) act, 1954. (2) the government shall pay to the commissioner the balance, if any, remaining out of the aggregate of the contributions and further sums .....

Tag this Judgment!

Aug 07 1962 (HC)

Konduru Seshu Reddi Vs. Vemareddy Rama Raghavareddy and ors.

Court : Andhra Pradesh

Decided on : Aug-07-1962

Reported in : AIR1964AP118

..... . the defendants raised certain legal pleas, such as, that the plaintiff could not institute the suit for a declaration that the schedule mentioned lands formed part of the religious endowment and his remedy, if any, is to have recourse to the procedure indicated in section 57 of madras hindu religious and charitable endowments act of 1951; and that even otherwise, the suit was not maintainable for a bare ..... taking the procession deities to the house of the hereditary trustees on all festival days; and garlanding the trustees before the procession commences on festival days, be respected and continued;(10) that the h.r. and c. commissioner be entitled to associate non-hereditary trustees not exceeding two, whenever they consider that such appointment is necessary and in the interests ..... venkatasubba reddy relinquished his interest in the family properties in favour of one vemareddi rangareddi, whose family members are the present defendants 1 to 5.10. the plaintiff filed a petition before the asst. commissioner for hindu religious endowments, nellore, alleging mismanagement of the temple and its properties by the 1st defendant. thereupon notice was issued to the 1st defendant to show cause ..... to a finding reached by the lower court that the court-fee payable was rs. 500/-, as the value of the subject-matter of the suit was over rs. 10,000/-the plaintiff paid the balance of court-fee of rs. 450/- which is the court-fee payable in a declaratory suit under article 17-a of schedule ii of .....

Tag this Judgment!

Sep 06 1962 (HC)

Sri Raghavendraswami Mutt at Nanjangud Vs. the State of Andhra Pradesh ...

Court : Andhra Pradesh

Decided on : Sep-06-1962

Reported in : AIR1963AP292

..... events and circumstances out of which this litigation has arisen. for the first lime in the history of this institution, contribution was demanded by the hindu religious and charitable endowments board (hereinafter referred to as the board) on the 30th june, 1947, under section 69 of madras hindu religious endowments act (ii of 1927), which is the ancestor of the provision of the law in the ..... bearing on the present enquiry. it is enough if we confine ourselves to that portion of the judgment which has dealt with the constitutionality of section 76 which permits the levy of contribution.10. it was laid down by their lordships that the contribution partook of the character of tax, that it was beyond the powers of a ..... religious institution for each fasli year shall be made by the commissioner on the basis of the income derived by it during the previous fasli year and also on the basis of the services rendered to that institution taking into consideration the administrative control exercised by the commissioner, the deputy commissioner and the assistant commissioner under the madras hindu religions and charitable endowments act, 1951, (madras act ..... demand notice. even in the order now impugned before us. it is pointed out that the petitioner failed to produce the accounts as laid down in the hindu religious and charitable endowments act before the officers of the department and that ha also failed to submit the income returns as promised by him which it was his obligation to produce under .....

Tag this Judgment!

Aug 30 1962 (SC)

Rev. Sidhajbhai Sabhai and ors. Vs. State of Bombay and anr.

Court : Supreme Court of India

Decided on : Aug-30-1962

Reported in : [1963]3SCR837

..... down any proposition to the contrary. the court was dealing in that case with the alleged infringement of the rights of a mahant in a religious institution by the enactment of the madras hindu religious and charitable endowments act, xix of 1951. it was observed that a mathadhipati of a math is not a mere manager and that it would not be right to ..... administer did not include a right to maladminister, and the minority could not ask for aid or recognition for an educational institution run by them in unhealthy surroundings, without any competent teachers possessing any semblance of qualification, and which did not maintain even a fair standard of teaching or which taught matters subversive of the welfare of the scholars ..... of some of those provisions of the bill was substantially to override the provisions of art. 30(1). the court then entered upon an examination of cls. 9, 10, 11, 12 and 13 and observed that they constituted serious inroads on the right of administration and appeared 'perilously near violating that right', but considering that those provisions ..... impose regulations upon the exercise of this right. the fundamental freedom is to establish and to administer educational institutions : it is a right to establish and administer what are in truth educational institutions, institutions which cater to the educational needs of the citizens, or sections thereof. regulation made in the true interests of efficiency of instruction, discipline, health, sanitation, morality, public .....

Tag this Judgment!

Jan 31 1962 (HC)

Tilkayat Govindlalji and ors. Vs. State and ors.

Court : Rajasthan

Decided on : Jan-31-1962

Reported in : AIR1962Raj196

..... hindu religious and charitable endowments act, 1951 were challenged by the mathadhipati of shirur math. their lordships pointed out that :''......... in the conception of mahantship, as in shebaitship, both the elements of office and property, of duties and personal interest are blended together and neither can be detached from the other. the personal or beneficial interest of the mahant in the endowments attached to an institution ..... be a member.it is also urged that the state government is given the power to make rules under section 30 (2) (a) providing the qualifications for holding the office of and the allowance payable to the goswami. we have decided to strike out section 30 (2) (a) for reasons which we shall discuss presently. we may, however, mention that we ..... properties movable and immovable connected therewith.'the reply on behalf of the contesting respondents is that the allegations in paragraph 15 are generally admitted. again, in paragraph 28 (x) it is mentioned that by an immemorial tradition of the said denomination, the tilkayat is the head acharya in whom vests the office of principal acharyaship and the ..... this permission was granted. thereafter, the other two writ petitions were also filed challenging the act one by the vaishnavas and the other by shri chanshiamlalji.10. now, we may refer to some of the important provisions of the act. the preamble says that the act was made 'to provide for the better administration and governance of the temple of shrinathji at .....

Tag this Judgment!

Feb 28 1962 (HC)

P.T. Narayana Ayyar and ors. Vs. Baghirathi Ammal and anr.

Court : Chennai

Decided on : Feb-28-1962

Reported in : (1963)1MLJ123

..... on the terms of the will no endowment which would come within the scope of the definition of ' religious institution ' under the act, was created. the appeal was allowed and the finding of ..... the deputy commissioner that a religious institution had been created under the will ..... trust funds filed an? application under section 58 of the act before the deputy commissioner, hindu religious and charitable endowments at coimbatore for the settlement of a scheme. the deputy commissioner accepted their case and framed a scheme. sankaranarayana iyer thereupon filed an appeal under section 61 of the madras hindu religious and charitable endowments act to the commissioner. the commissioner held that ..... ramachandra iyer, c.j.1. the only question for determination in this appeal is whether the suit filed by the appellants under section 62 of the madras hindu religious and charitable endowments act is within time. the facts necessary for the consideration of the question can be briefly set out:one lakshmi ammal who was .....

Tag this Judgment!

Mar 20 1962 (HC)

Chennai Ekambareswarar Devastanam. Vs. Collector and Land Acquisition ...

Court : Chennai

Decided on : Mar-20-1962

Reported in : AIR1966Mad385

..... the refusal of the collector to make a reference under s. 18 of the act, the trustees had to move the superior authorities, the commissioner of the hindu religious and charitable endowments, and obtain his directions in the matter. it was not till 1958 that the departmental sanction was obtained for instituting these proceedings. since the devastanam is under the control of a hierarchy of officers ..... to him as required by s. 12(2). he claimed to have become aware of the passing of the award nearly two years later and thereafter filed an application under sec. 18 praying for a reference to court. on the refusal of the land acquisition officer he moved the high court by a petition of writ. that petition was originally allowed ..... reference.(4) on behalf of the respondent collector and land acquisition officer, a counter affidavit has been filed. it is stated that notices under s. 9(3) and s. 10 of the act were served on the managing trustees of the devastanam on 30-9-1954. thereafter, the trustees put in a representation in writing claiming rs. 250 per ground as compensation ..... that the service of the notice on a clerk of the devastanam is not notice in law as required by s. 12(2).(10) learned counsel for the petitioner also refers to s. 45 of the land acquisition act, which specifically provides that whenever it may be practicable, service of the notice shall be made on the person therein named. it is .....

Tag this Judgment!

Mar 26 1962 (HC)

Kawsar Alam Mutwali Penda and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Mar-26-1962

Reported in : AIR1962Cal468,66CWN651

..... lands are held by him under a trust or endowment or other legal obligation exclusively for a purpose which is religious or charitable or both. sections 6(1)(i), 2(c) and 2(n) of the act are as follows:6(1)(i); ''where the intermediary is a corporation or an institution established exclusively for a religious or a charitable purpose or both, or is a person holding ..... held exclusively for religious and/or charitable purposes so as to at tract the protection of section 6(1)(i) of the west bengal estates acquisition act, 1953. this reference arises out of a petition by the mutwalli penda mohmmed wakf estate under article 226 of the constitution asking for an order directing the respondents to recall the notices issued under section 10(2) of the ..... to trusts in the english sense but is to be applied to the property held under a trust 'or other legal obligation' a phrase which would include moslem wakfs and hindu endowments. the true approach to such questions in cases which arise in countries to which english ideas--let alone english, technicalities--may be inapplicable, was considered by the board in yeap ..... j. calling upon the opposite party to show cause why an appropriate writ should not be issued upon them to recall, rescind or withdraw the impugned notices under section 10(2) or the said act and the decisions of the opposite parties nos. 2 and 3 mentioned above and to forbear from giving effect to the same. this rule and several other rules .....

Tag this Judgment!

Dec 13 1962 (HC)

Administrator of the Shringeri Math, Vs. Charity Commissioner, Bombay

Court : Mumbai

Decided on : Dec-13-1962

Reported in : AIR1967Bom194; (1963)65BOMLR457; ILR1964Bom568

..... question depends upon the provisions of the act. section 2 (13) which defines a 'public trust' is as follows: it means 'an express or constructive trust for either a public, religious or charitable purpose or both and includes a temple, a math, a wakf, dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under ..... existing for public purposes of a religious or charitable nature'. the powers were given to the registrar under s. 6 to decide after an enquiry whether a trust is a public trust, whether any property is the property of such trust etc. enquiry was to be held according to the procedure provided by the rules under the act. section 10 provided that the entries made ..... be enforced only at the place where the trust or religious institution is situate or at the trustees' place of residence; see dicey's conflict of laws, 7th edition, p. 506. the act purports to do nothing more. its aim, as recited in the preamble, is to provide for the better administration of hindu religious trust in the state of bihar and for the protection ..... an independent trust is a difficult matter which must depend upon a variety of circumstances. the matters to be considered would be (10 how and under what circumstances the institution was founded; (2) what was original source of money from which the institution was built; (3) how it is maintained; (4) who are the beneficiaries; (5) how is the management done. if .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //