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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1969

Mar 26 1969 (SC)

Sri Digyadarsan Rajendra Ramdassjivaru Vs. the State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Mar-26-1969

Reported in : AIR1970SC181; (1969)1SCC844; [1970]1SCR103

..... article 32 of the constitution challenging, inter alia, the constitutionality of sections 46 and 47 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (act no. 17 of 1966), hereinafter called the 'act' and for issuance of a writ in the nature of mandamus or other appropriate writs and directions to the commissioner of hindu religious and charitable endowments, hereinafter called the 'commissioner', prohibiting him from exercising his powers ..... or taking action under the aforesaid sections.2. the petitioner claims to be ..... rule laid down in the first shirur math case. by doing so in exercise of the powers under section 47 the commissioner has also debarred the petitioner from practising and propagating religion freely which he is entitled to do under article 25(1).10. the attack on the ground of violation of article 25(1) can be disposed of quite briefly. it .....

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Oct 17 1969 (SC)

Commissioner of Hindu Religious and Charitable Endowments, Mysore Vs. ...

Court : Supreme Court of India

Decided on : Oct-17-1969

Reported in : AIR1970SC1114; (1969)3SCC451; [1970]2SCR917

..... j.c. shah, j.1. the madras religious and charitable endowments act 19 of 1951 was enacted to provide for the better administration and governance of hindu religious and charitable institutions and endowments in the state of madras. this court in the commissioner of hindu religious and charitable endowments, madras v. sri lakshmindra thirtha swamiar of sri shirur mutt : [1954]1scr1005 held that sections 21, 30(2), 31,55, 56 and 63 to 69 of ..... madras for an order restraining the commissioner of hindu religious and charitable endowments from enforcing the provisions of the amending act 27 of 1954. under the scheme of reorganization of state of madras, the petition was transferred for trial to the high court of mysore. the high court of mysore by order dated march 10, 1959, held that sections 21, 30(2), 31, 63 to 69 and ..... 89 as amended by act 27 of 1954 were ..... a rule was made.the impugned demand made on june 25, 1957 before this court rendered its decision in devraja shenoy's case (1960) mys. l.j. 245 on march 10, 1959 having no efficacy or effect, since it was a plainly premature demand made even before the liability to pay the contribution came into existence, has to be and is .....

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Dec 17 1969 (HC)

N. Tirumalayappa Pillai Alias N.T. Pannayar Vs. P. Ramasubramania Pill ...

Court : Chennai

Decided on : Dec-17-1969

Reported in : (1970)2MLJ282

..... the court may within 90 days appeal to the high court, that section 108 of the hindu religious and charitable endowment act, 1959, is a specific bar to suits in respect of administration or management of religious or any other matter or dispute for determining or deciding which provision is made in this act from being instituted in any court of law, except under and in conformity with! ..... -general for instituting the suit?the district munsif observing that the dispute arises as to whether the schedule property is a religious endowment, whether it is a specific endowment and whether this endowment if true is wholly or partly of the religious! or secular character and whether the property has been given wholly or partly for religious uses, that under section 63 of the hindu religious and charitable endowments act, 1959, ..... whether sanction under section 92 of the code of civil procedure, is necessary or not in this case. in ..... civil court has jurisdiction, in that case, the dispute must be taken out of the purview of the hindu religious institutions and endowments act and as such sections 92 and 93 must be made applicable to the suit.10. in view of my finding that section 108 of act xxii of 1959 will be a bar to the present suit, it is unnecessary to go into the question .....

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Aug 01 1969 (HC)

Chonachalam Pillai and ors. Vs. Sankaranarayana Pillai (Died) and ors.

Court : Chennai

Decided on : Aug-01-1969

Reported in : (1970)1MLJ78

..... of the madras hindu religious and charitable endowments act, 1959. if the suit trust is in respect of a public temple as contended by the appellants,' section 92, civil procedure code, cannot apply in view of sub-section (2) of that section. in fact section 108 of the madras hindu religious and charitable endowments act, 1959, provides as follows:no suit or other legal proceedings in respect of the administration or management of a religious institution or any ..... brahmins on dwadasi and thiruvathira days and on thirukarthikai days in the month of karthikai and the feeding of all hindus on the thiruvathira day in the month of markazhi(10) two images of village deities, one called pulimadan and the other called maruthachi amman are found embedded in the walls of the temple near the entrance and there is ..... . defendants 5 and 6 have pleaded in their written statement that chona mariyadumperumal marthanda vinayakar is the family deity of the family of defendants 1 to 3. defendants 7, 10, 13 and 30 have pleaded in paragraph 5 of their written statement that all the hindus are entitled to worship in the temple. thus there is no specific plea in ..... general public or sections thereof. on a consideration of the will of the founder, the user of the temple by the public, the ceremonies relating to the dedication and other facts relating to the character of the suit, temple, it was held in that case that the thakurdwara of sri radhakrishnaji in bhadesia was a public temple.10. we have already .....

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Feb 20 1969 (HC)

D. Meenakshisundaram Pillai and ors. Vs. P. Nammalwar and ors.

Court : Chennai

Decided on : Feb-20-1969

Reported in : AIR1970Mad402; (1970)1MLJ6

..... referred to above. 8. we are unable to uphold the finding of the learned subordinate judge that the suit is hit by section 108 of the hindu religious and charitable endowments act. the learned subordinate judge has himself felt the difficulty and he has observed that he finds it difficult to enter a finding ..... the supreme court has stated that succession to mahantship of math or religious institution is regulated by custom or usage of the particular institution, except where a rule of succession is laid down by the founder himself who created the endowment. 4. the main question to be considered in this appeal is whether ..... not reside in the math along with his wife and that he should not have family connection or relationship or money transactions. in interpreting the qualifications of trustee, one should ignore those additional requirements mentioned in exhibit a-2. a sudra cannot be a sannayasi in the strict sense of ..... them in his will. the founder vedanayagaswami has provided for the devolution of the trusteeship for the management of the suit math and stated the qualification to be possessed by such trustee and it is not open to his successors to alter the same. in gurupada v. manmohan : air1936cal215 , ..... trustee under exhibit a-3, after exchange of notices evidenced by exhibits a-8 and a-9. 3. the founder vedanayagaswami has mentioned the qualifications of the persons to be appointed as trustees in his will exhibit a-1. according to him, the person nominated should have been born .....

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Nov 05 1969 (HC)

S. Krishnaswamy Pillai Vs. the Deputy Commissioner, Hindu Religious an ...

Court : Chennai

Decided on : Nov-05-1969

Reported in : (1970)1MLJ365

..... the dewaswoms themselves. they do not govern any kattalais or specific endowments in those dewaswoms. the madras hindu religious and charitable endowments act extends to the whole of the state of madras including the kanyakumari district and it applies to all hindu public religious institutions and endowments except the incorporated dewaswoms and unincorporated dewaswoms. it is, therefore, obvious, that endowments or kattalais in respect of incorporated and unincorporated dewaswoms are also ..... religious charities above mentioned, but also three other religious charities in kanyakumari district itself. this draft scheme has been signed by four trustees of the trust including the present petitioner. subsequently, the petitioner has filed o ..... tiruchendur temple. on the ground that the contributions to that kattalai had not been made by the trustees regularly, the trustees of the tiruchendur temple applied to the deputy commissioner, hindu religious and charitable endowment (administration ) under section 64 (1) of the hindu religious and charitable endowments act, 1959 for the framing of a scheme. a draft scheme has been prepared and that covers not merely the .....

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Mar 10 1969 (HC)

Ponniah Nadar and ors. Vs. Chellian Nadar and ors.

Court : Chennai

Decided on : Mar-10-1969

Reported in : (1970)2MLJ526

..... . no. 485 of 1965, invoking sections 63, 69, 70 and 108 of the madras hindu religious and charitable endowments act, (xxii of 1959). section 63 of the act says:subject to the rights of suit or appeal hereinafter provided, the deputy commissioner shall have power to inquire into and decide following disputes and matters: (a) whether an institution is a religious institution.3. section 69 of the act provides for a right of ..... the board shall be final.7. incidentally, it may be stated that the above section was amended by act (x of 1946) substituting the following (so far as is material):(1) if any dispute arises as to(a) whether an institution is a math or temple as defined in this act,(b) ...(c) ...such dispute shall be decided by theboard and no court in the ..... .j. 5:we agree with the learned chief justice that a civil court has jurisdiction to decide whether a particular institution is a public temple or not when such a question arises incidental to other disputes in the case before the court.10. against that view, it appears to have been pressed before the bench by the learned counsel for the appellant .....

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Sep 15 1969 (SC)

Sambudamurthi Mudaliar Vs. the State of Madras and anr.

Court : Supreme Court of India

Decided on : Sep-15-1969

Reported in : AIR1971SC2363; (1970)1SCC4; [1970]2SCR424

..... brought the suit in o.s. no. 3 of 1961 in the court of subordinate judge, nagapattinam for setting aside the order dated may 10, 1960 of respondent no. 1 the commissioner of hindu religious and charitable endowments, madras who had affirmed earlier the order of the second respondent, the deputy commissioner, holding that the trusteeship of the kumaran koil in ..... the appeal and set aside the judgment of the subordinate judge, nagapattinam.3. section 6, sub-section (9) of madras act 19 of 1951 states:in this act, unless there is anything repugnant in the subject or context- . . . . . . . .(9)hereditary trustee' means the trustee of a religious institution succession to whose office devolves by hereditary right or is regulated by usage or ..... is specifically provided for by the founder, so long as such scheme of succession is in force;this act ..... has been substituted by madras act 22 of 1959 but the definition of the trustee is identical in .....

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Sep 11 1969 (SC)

The Delhi Cloth and General Mills Co. Ltd. Vs. the Chief Commissioner, ...

Court : Supreme Court of India

Decided on : Sep-11-1969

Reported in : AIR1971SC344; [1970(20)FLR33]; (1969)3SCC925; [1970]2SCR348

..... as also the pronouncement in h. h. sudhundra thirtha swamiar v. commissioner for hindu religious & charitable endowments, mysore [1963] supp.2 s.c.r.302 and with regard to the latter case it was said that a service resulting in the control of the math adipathi conferred special benefit on the institution which alone paid the levy.6. as far back as 1954 it was ..... supervising and controlling public institutions like maths etc. were held to be fee and not tax.7. we may now look at the provisions of the act. chapter ii provides for the inspecting staff. section 9 gives the powers of the inspectors. they can enter any factory and inter alia make examination of the premises, plant and machinery. under section 10 qualified medical practitioners can ..... be appointed to be certifying surgeons for the purpose of the act. the certifying surgeon has to carry out such duties as may be prescribed in connection with the examination and certification of young persons ..... (circuit bench, delhi) involving the question of the validity of 7 read with rule 5 and its schedule of the delhi factories rules 1950 made under section 112 of the factories act 1948, hereinafter called the act. the impugned rules relate to the grant of a licence for a factory and renewal thereof, the fees being prescribed by the schedule to rule 5 .....

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Mar 19 1969 (SC)

Muddada Chavannna Vs. Sri Sri Sri Kodandrama Swami Varu

Court : Supreme Court of India

Decided on : Mar-19-1969

Reported in : 1969(2)LC345(SC)

..... 1954, were valid and enforceable in law, that in view of the compromise decree in suit no. 27 of 1951 and the application to the hindu religious and charitable endowment department the appellant had never asserted occupancy rights and that he was estopped from resisting the claim of the deities to evict him in view of the ..... earlier agreement dated december 28, 1946.6. venugopalarao and the sub-tenants did not vacate and deliver possession even on march 31, 1953, and the appellant instituted suit no. 20 of 1954 for specific performance of the agreement dated january 21, 1951. this suit was compromised and a fresh lease was executed on march ..... cannot be treated as a separate estate, it vests in the government along with the parent estate subject to the other provisions of the act, and that section 20 of the act saves such minor inams. accordingly the post settlement minor inams or the minor inams included in the assets of the zamindari at the ..... inducted into the lands, the appellant refused to pay the rent stipulated under the lease dated march 15, 1954. the deities then instituted the present suit no. 5 of 1958 in the court of the subordinate judge, sri kakulam, for a decree for rs. 14,171/8 ..... long as the service tenure subsists.'10. the lease ext. a/4 was executed by the appellant in favour of the trustees on december 28 1946. but on that day venugopalarao and his sub-tenants were in possession of land. on june 23, 1947, the appellant and the deities instituted suit no. 220 of 1947 .....

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