Skip to content


Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1972

Mar 14 1972 (SC)

Seshammal and ors., Etc. Etc. Vs. State of Tamil Nadu

Court : Supreme Court of India

Decided on : Mar-14-1972

Reported in : AIR1972SC1586; (1972)2SCC11; [1972]3SCR815

..... of mantras, vedas, prabandas, thevarams and similar invocations and the performance of duties connected with such performance and recitations. sections 55 and 56 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959) provide for appointment of office holders and servants in the religious institutions by the trustees by applying the rule of hereditary succession also. as a step towards social reform ..... of caste, creed or race, it would be open to the government to prescribe qualifications for the office of an archaka which were in conflict with agamas. under rule 12 of the madras hindu religious institutions (officers and servants) service rules, 1964 proper provision has been made for qualifications of the archakas and the petitioners have no objection to that rule. the rule still continues to be ..... a denomination to manage its own affairs in the matter of religion.10. before we turn to these questions, it will be necessary to refer to certain concepts of hindu religious faith and practices to understand and appreciate the position in law. the temples with which we are concerned are public religious institutions established in olden times. some of them are saivite temples and the .....

Tag this Judgment!

Sep 08 1972 (HC)

Sobhanadreswara Rice Mill Company and ors. Vs. Brahmachari Bavaji Mutt ...

Court : Andhra Pradesh

Decided on : Sep-08-1972

Reported in : AIR1973AP292

..... was maintainable at the instance of the executive officer. a scheme was settled for the administration of the math by the board of commissioners for the hindu religious and charitable endowments on 15-7-1929 under the madras hindu religious and charitable endowments act 1926. the scheme was modified by the board of commissioners on 7-7-1944 as it was felt that the math and its properties were ..... possession of the properties of the math, not for his own benefit but for the benefit of the math itself.the right of a defacto manager of a religious institution to recover the properties of institution has long been recognised by the courts in our country. in mahant ramcharan das v. nawarangilal, 60 ind app 124 = ( air 1933 pc 75 ), the plaintiff claimed ..... better rights than a tenant holding over.9. the last and the feeblest of the submissions of sri babulu reddy was that there was no proper notice to quit under section 106 of the transfer of property act. he urged that the lease was for a manufacturing purpose and hence six months' and not fifteen days' notice was necessary. but ..... was payable monthly and that was how rent was payable and was being paid after the expiry of the period of lease. there is therefore no substance in this submission.10. in the result, the appeal is dismissed with costs.11. appeal dismissed.

Tag this Judgment!

Jul 05 1972 (HC)

Kalyan Dass Vs. State of Tamil Nadu and anr.

Court : Chennai

Decided on : Jul-05-1972

Reported in : AIR1973Mad264

..... supreme court in : [1954]1scr1005 become relevant. there the supreme court was considering the vires of section 21 of the madras hindu religious and charitable endowments act (act 19 of 1951). that section empowered the commissioner and his subordinate officers and also persons authorized by them to enter the premises of any religious institution or place of worship for the purpose of exercising any power conferred or any duty imposed ..... the continuance of the divine spirit. the rituals have a twofold object. on is to attract the lay worshipper o participate in the worship carried on by the priest or archaka. it is believed that when a congregation of worshippers participates in the worship a particular attitude or aspiration and devotion is developed and confers great spiritual benefit. the second object ..... which was taken up to the privy council, the learned law lords said that this gives the measure of the importance attached by the worshippers to certain modes of worship.10. we have noticed myriad karmakandas of variegated varieties preached and practiced within the temple precincts and that too solidly backed up by agamas. inter alia it is for consideration in .....

Tag this Judgment!

Oct 31 1972 (HC)

V. Raghavachari and ors. Vs. Narayana Iyengar

Court : Chennai

Decided on : Oct-31-1972

Reported in : AIR1973Mad323; (1973)1MLJ252

..... (new).15. one of the defenses in the written statement is that the suit is not maintainable because of the provision of sec. 67 of the hindu religious and charitable endowments act, which enacts that the deputy commissioner may, on being satisfied that a religious institution has ceased to exist, hold an enquiry to ascertain its property and funds. an appeal may be filed against the decision to ..... the commissioner and then a suit. the learned district munsif held that the provisions of the act would not be a bar. the contention ..... chatterjee, 41 cal 57 air 1914 cal 200 was followed with approval. the facts again are different.12. the learned counsel has, there quoted passages from mukherjee's hindu law of religious and charitable trusts, 3rd edn. at pages 114,117,118,120,123 and 124 (pages 134,135,137,138,141,142,145 and 146 of the second edition) and page 181 ..... worshippers wanted to replace it by another. a suit for injunction restraining them was brought. it was held that the majority view must prevail. the present case is clearly distinguishable.10. the next case relied on by the learned counsel is the decision of devadoss, j., in venkatachala mudaliar v. sambasiva mudaliar, 52 mlj 288 air 1927 mad 465. there the .....

Tag this Judgment!

Aug 02 1972 (HC)

Tiruvengada Varadachariar and ors. Vs. Srinivasa Iyengar and ors.

Court : Chennai

Decided on : Aug-02-1972

Reported in : AIR1973Mad281

..... provision is made in this act shall be instituted in any court of law, except under, and in conformity with, the provisions of this act."5. the 1959 act is an amending and consolidating act. it repealed the madras hindu religious and charitable endowments act 1951. similar provisions had been enacted in the 1951 act also. section 57 of that act corresponds to section 63 of the 1959 act. the 1951 act also contained provisions for ..... defendant and that the first defendant accordingly assumed management and has been functioning as such agent eversince. the plaintiff claimed to have issued a notice to the first defendant on 10-2-1962 terminating the agency and calling upon him to deliver possession of the temple and the properties. reference is made in the plaint to the reply sent by the ..... the temple and its properties in pursuance of the alleged request and was said to be functioning as an agent in pursuance of a deed of agency executed on 28-10-1926. according to the plaintiffs, ranganatha iyengar was in possession of the temple and its properties only on behalf of the members of the plaintiff's family.the plaint proceeds ..... apply to the suit temple and as such was outside the scope of the act, was barred by section 63(a) read with section 108 of the act, though the suit for rendition of accounts against the trustees of the temple appointed by the members of the community was not barred.10. mr. srinivasa iyer drew our attention to an unreported decision of a bench .....

Tag this Judgment!

Jun 09 1972 (HC)

Bheema Ramaswamy and anr. Vs. the Joint Commissioner, Endowments Depar ...

Court : Andhra Pradesh

Decided on : Jun-09-1972

Reported in : AIR1973AP62

..... 1971 on 30-12-1971.2. the facts in brief which are not in dispute are that the petitioners filed an application under section 77 of the andhra pradesh charitable and hindu religious institutions and endowments act, hereafter called ' the act ' before the dy. commissioner, endowments, kurnool for a declaration that they are the hereditary trustees of sri sadvarthi maryam, midthur village, nandikotkur kurnool district and also for a ..... declaration that the schedule lands do not constitute endowment.3. during the pendency of that application i. a. no. 1 of 1971 was filed under section 77 (2 ..... mandamus to the joint commissioner directing him to restore r.p.no. 129 of 1971 to his file and hear and dispose of the revision petition in accordance with law.10. we accordingly allow the writ petition. the petitioners will get their costs. advocate's fees rs. 100/-.11. petition allowed. .....

Tag this Judgment!

Nov 22 1972 (HC)

T.G. Appanda Mudaliar Vs. the State of Madras

Court : Chennai

Decided on : Nov-22-1972

Reported in : AIR1973Mad276; (1973)1MLJ263

..... nadu hindu religious and charitable endowments act, 1959, should not be extended to it. a schedule to the notification listed the ground on which the proposal to apply the act was made. objections were preferred by the appellant; but they did not find acceptance. the result was that the act was made applicable to the institution. the government purported to exercise its power, in this regard, under section 2 ..... the law relating to the administration and governance of hindu religious and charitable institution and endowments of the state and it applies to all hindu public religious institutions and endowments with certain exception mentioned. normally, the expression 'hindu religious and charitable institutions and endowments' would take within its fold also jain institutions. but the explanation to sub-section(3) of section 1 excludes such institutions from the purview of the act. it is in this context we have to ..... approach the place for sub-section(1) of section 2. while prima .....

Tag this Judgment!

Aug 02 1972 (HC)

K. Rama Rao Vs. State of Mysore and ors.

Court : Karnataka

Decided on : Aug-02-1972

Reported in : AIR1973Kant108; AIR1973Mys108; (1972)2MysLJ428

..... provisions specifically empowering the law of contribution for services rendered by the endowment board vide section 76 of the madras act. section 51 of the said act provides for fixing standard scales of expenditure. there are similar provisions in ..... rules empower is merely to fix standard scale of expenditure to be incurred in each muzrai institution. the scales of expenditure in muzrai institutions have to be fixed in accordance with their immemorial custom. such expenditure would relate to performance of pooias, offerings to deities, payments to archaka and temple servants, maintenance of buildings etc. it is impossible to conceive that the power ..... to sanction scales of expenditure in an institution would include the power to levy any contribution to the muzrai establishment fund on the basis of the income of the institution. it is relevant to note that under the madras hindu religious and charitable endowments act. 1951, there are .....

Tag this Judgment!

Jul 05 1972 (HC)

Kalyan Dass Vs. State of Tamil Nadu Represented by the Secretary to Go ...

Court : Chennai

Decided on : Jul-05-1972

Reported in : (1972)2MLJ581

..... . likshmindra thirtha swimiar : [1954]1scr1005 becomes relevant. there the supreme court was considering the vires of section 21 of the madras hindu religious and charitable endowments act (xix of 1951). that section empowered the commissioner and his subordinate officers and also persons authorised by them to enter the premises of any religious institution or place of worship for the purpose of exercising any power conferred or any duty imposed ..... continuance of the divine spirit. the rituals have a two-fold object. one is to attract the lay-worshipper to participate in the worship carried on by the priest or archaka. it is believed that when a congregation of worshippers participates in the worship a particular attitude or aspiration and devotion is developed and confers great spiritual benefit. the second object ..... within the benefit of the foundation. the former will be hit by article 17 and the latter protected by article 26.... we must therefore hold that denominational institutions are within article 25(2)(6).10. while on this aspect, the main contention of the government pleader can be noticed. his case is that under the rule several safeguards are contemplated by way .....

Tag this Judgment!

Aug 02 1972 (HC)

Thiruvengada Varadachariar Alias R. Varadachari and ors. Vs. Srinivasa ...

Court : Chennai

Decided on : Aug-02-1972

Reported in : (1973)1MLJ266

..... provision is made in this act shall be instituted in any court of law, except under, and in conformity with, the provisions of this act.5. the 1959 act is an amending and consolidating act. it repealed the madras hindu religious and charitable endowments act, 1951. similar provisions had been enacted in the 1951 act also. section 57 of that act corresponds to section 63 of the 1959 act. the 1951 act also contained provisions for ..... appeal to the commissioner, suit and an appeal to the high court. section 93 of that act corresponds to section 108 of the present act which imposes a bar upon the institution of legal proceedings except ..... apply to the suit temple and as such was outside the scope of the act, was barred by section 63 (a) read with section 108 of the act, though the suit for rendition of accounts against the trustees of the temple appointed by the members of the community was not barred.10. mr. srinivasa ayyar drew our attention to an unreported decision of a bench .....

Tag this Judgment!


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