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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1973

Mar 09 1973 (HC)

Paleru Venkateswarlu and ors. Vs. Potina Venkateswarulu and anr.

Court : Andhra Pradesh

Decided on : Mar-09-1973

Reported in : AIR1973AP264

..... over the existing corresponding provisions and section 37, which is the last provision of the chapter relates to qualifications of and remuneration to archakas.29. what does this brief survey of chapter iii indicate on a reading of these provisions as the title of the chapter itself indicates they all relate to administration and management of charitable and hindu religious institutions and endowments. we fail to comprehend how ..... relating to the religious endowments governed by the act could be instituted by the religious endowment board or by some persons having interest and with the permission of the board.52. the 1926 act was repealed by the madras hindu religious and charitable endowments act, 19 of 1951. section 5 (3) (e) of the repealing act said that 'sections 92 and 93 shall cease to apply to hindu religious institutions and endowments' section 62 of the repealing act provided for suits ..... pra)10. the answer to the questions raised indisputably depends upon the construction we place on section 110 of the act. while it was contended by the appellants that the section is retrospective in its operation and affects also the pending case the contention of the respondents was that the said section is prospective in its character and does not affect the pending cases instituted under .....

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Jul 30 1973 (HC)

O. Radhakrishnan and anr. and S. Chettiar and ors. Vs. Manickam and or ...

Court : Chennai

Decided on : Jul-30-1973

Reported in : (1974)2MLJ179

..... contended that as the language now stands, all the schemes settled or modified or deemed to have been settled or modified under the provisions of the hindu religious and charitable endowments act, 1951 fall outside the scope of section 65 (4) (a), because that clause refers to ' schemes deemed to have been settled or modified by the court under clause (a) of ..... , certificates, orders, decisions, proceedings, and schemes that were made, issued, passed, taken, or settled under the provisions of the madras hindu religious and charitable endowments act, 1951. the most significant thing to be noticed in clause (a) of section 118 (2) is that it makes no reference whatever to schemes settled or deemed to have been settled by a court. however, under ..... 24th december, 1958 in o.s. no. 155 of 1956 on his file. the plaintiffs and defendants 2 to 10 in the suit are the disciples of the said mutt which is admittedly an ancient institution. the deputy commissioner, hindu religious and charitable endowments, settled a scheme for the administration of the mutt in o.a. no. 351 of 1951. the matter was ..... the very same powers with reference to a temple and a specific endowment attached to a temple, as the commissioner is exercising powers under section 65 with reference to a math or specific endowment attached to a math. consequently, in the statutory provisions themselves, there is no minimum qualification prescribed for the commissioner or the deputy commissioner. under these circumstances, .....

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May 03 1973 (SC)

State of Andhra Pradesh Vs. S.M.K. Parasurama Gurukul

Court : Supreme Court of India

Decided on : May-03-1973

Reported in : AIR1973SC2237; (1973)2SCC232; [1974]1SCR191

..... provisions of the statute, which is an act to consolidate and amend the law relating to the administration and government of charitable and hindu religious institutions and endowments does not show that in appointing trustees to temples the concerned authorities have to act judicially. nor is the appointment of trustees under section 15 left to the administrative authority without ..... any guidelines laid down by the legislature for being followed. section 16 lays down the ..... order. for this purpose the bench relied upon its own judgment in writ petition no. 2536 of 1967 that the functionaries under the andhra pradesh charitable and hindu religious institutions and endowments act, 1966, though administrative tribunals, are exercising quasi-judicial functions in appointing non-hereditary trustees. by the time this appeal came up for hearing ..... instructive discussion has taken a similar view in respect of the powers of appointment of non-hereditary trustees under section 47 of the madras hindu religious and charitable endowments act, 1959, which more or less corresponds to section 15 of this act.7. the appeal is, therefore, allowed and the judgment of the andhra pradesh high court set aside .....

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Apr 12 1973 (HC)

Periyammal and ors. Vs. Rukmani Ammal and ors.

Court : Chennai

Decided on : Apr-12-1973

Reported in : AIR1974Mad170

..... they have to work out.11. mr. m. s. venkatarama iyer, the learned counsel for the respondents, drew my attention to some of the provisions of the hindu religious and charitable endowments act, 1959, in particular, to section 29 (1)(e), under which, for every religious institution there shall be prepared and maintained a register in such form as the commissioner may direct showing particulars of all other ..... occupy the land under clause (a) shall cease and determine and the institution shall be at liberty to make such arrangements as it thinks fit for the performance of the service and shall hold the land as its absolute property subject to the payment of the assessment fixed therefore.10. i have referred to these provisions in detail only for the purpose ..... or not he was rendering service to the institution on the notified day.12. the courts below have missed this significant aspect of the matter and have proceeded on the basis that the suit is for redemption of a mortgage simpliciter. the learned counsel for the appellants drew my attention to exs. b-10 and b-11 which are particulars relating to ..... of showing that plaintiffs will have to work out their rights only under the provisions of the act, and that they cannot seek to enforce their right to redeem the mortgage which has .....

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Feb 28 1973 (HC)

S. Kannan and ors. Vs. the All India Sai Satnaj (Registered) by Its Pr ...

Court : Chennai

Decided on : Feb-28-1973

Reported in : (1974)1MLJ174

..... jain public charitable endowment if mismanaged. religious institutions may either be hindu religious institutions or christian religious institutions or muslim religious institutions. but the act is intended to apply only to hindu religious institutions. the question then will be whether the institutions which are composite in character viz., partly hindu and partly mohammedan or christian would fall under the provisions of the act. we may in this connection refer to other provisions of the act particularly to section 10 which provides ..... professing the hindu religion and shall cease to hold office as such when he ceases to profess that religion. section 26, which deals with qualifications of trustees of any religious institution, states that a person shall be disqualified from being appointed as a trustee of any religious institution, if he does not profess the hindu religion. these provisions are clear indications that the act applies, to religious institutions and endowments which are ..... exclusively hindu in character.14. in the urumu seshachalam chettiar .....

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Jul 19 1973 (HC)

P. Sangili and ors. Vs. Ramakrishnan and ors.

Court : Chennai

Decided on : Jul-19-1973

Reported in : AIR1974Mad160

..... of 1957 and 16 of 1958 (recast)?8. has not this court jurisdiction by reason of section 108 of the hindu religious and charitable endowments act, 1959?9. is the suit sustainable in view of the pending of the writ petition filed by the defendants before the high court?10. is the suit barred by limitation?11. is the plaintiff entitled to mesne profits and if ..... and the decrees stated that the suit properties did not belong to the suit temple, but belonged to pallar podhu and that the temple as such was not a public religious institution, but belonged to the pallar podhu. the question for consideration is whether the said decrees can be said to be collusive and fraudulent ones, having regard to the stand ..... above position, we have now to consider whether the requirements of section 43 of the act, which we are considering are mandatory or directory.6. the act was enacted to amend and consolidate the law relating to the administration and governance of hindu religious and charitable institutions and endowments in this state. the object of section 43 is to see that no fraud is practiced or no loss ..... is caused to the religious institutions concerned and this object can be achieved by investing the .....

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Mar 16 1973 (HC)

Chinna Jeeyangar Mutt, Thirupathi Vs. C.V. Purushotham and ors.

Court : Andhra Pradesh

Decided on : Mar-16-1973

Reported in : AIR1974AP175

..... suit for such a relief is barred by limitation. it is not correct t say that the lease amount has not been paid to the plaintiff. the provisions of hindu religious and charitable endowments act, 1951 have no application. if the lease is considered to be violable, he and his predecessors in title have perfected their title to the suit property by adverse possession ..... b came to be inserted in the first schedule to the limitation act by amending act 1 of 1929. at the same time section 10 of the limitation act was amended by addition of an explanatory clause which provided, inter alia, that for the purposes of section 10, any property comprised in a hindu religious or charitable endowment shall be deemed to be property vested in trust for a specific ..... law then inforce. if the right to question a violable alienation in respect of a hindu or muhammadan religious or charitable endowment is denied to a mutt or religious institution, such an institution looses the properties once for all. as the state was interested in protecting and safeguarding the properties of such institutions, it brought about an amendment to achieve that purpose in 1963. the law commission, ..... think that the question must be decided upon the plain words of the article. there is, in their lordships' opinion, no warrant for reading into the words quoted any qualification either as to the character of the appeal or as to the parties to it; the words mean just what they say. the fixation of periods of limitation must always .....

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Jul 26 1973 (HC)

Sri Venkataramanaswamy Deity at Kothur Village by Its Trustee K. R. Sa ...

Court : Chennai

Decided on : Jul-26-1973

Reported in : (1974)1MLJ431

..... jurisdiction to decide dispute as to title only after an adverse order is passed under section 87 of the act.19. in effect, the aim of the tamil nadu hindu religious and charitable endowments act, 1951 is not to exclude the jurisdiction of the civil court, but to facilitate proper administration of religious institutions by following the procedure prescribed to pursue the remedy before the deputy commissioner and the ..... v. i pattabhirami : [1967]1scr280 , has held that section 73 (4) of tamil nadu act ii of 1927 like section 92 of the code of civil procedure does ..... high court in sri sarveshwaraswami vari temple v. veerabhadrayya (1961) 1 a.w.r. 250, wherein the trustees sued for the recovery of the temple properties from the hereditary archakas. the andhra pradesh high court held that the suit was not one in respect of the administration or management of the temple and therefore it did not attract the embarge ..... the cases cited, it is clear that the prohibition under section 93 of the act is strictly confined to the cases that fall under the section, namely, suits in respect of the administration or management of a religious institution, or any other matter or dispute for determining or deciding which provision is made in the act.10. the supreme court in v. l. n. s. temple .....

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Feb 23 1973 (HC)

The Nagercoil, Asarimar Samudayam, Muthuraman and Natesa Trust, Repres ...

Court : Chennai

Decided on : Feb-23-1973

Reported in : (1973)2MLJ306

..... by article 26 of the constitution of india and that the provisions contained in the madras hindu religious and charitable endowments act, 1959, can be applied only subject to the constitutional right is recognised by section 107 of the act itself and that in any particular matter the authorities under the act have not kept within their limits with reference to the rights of the denomination under article ..... area committee, and 'defendants 1 to 5, the trustees appointed by the. 6th defendant. their contention was that the temples are public religious institutions that, therefore, the area committee has got powers for appointment of trustees under section 49 of the act, and that the order appointing the trustees by the area committee will not fall within the expression matters of religion mentioned in ..... (a) of the act.9. for the reasons stated above, the decree and judgment of the lower appellate court are set aside and those of the trial court are restored. there will, however, be no order as to costs. no leave.10. the civil revision petitions arise out of two eviction orders passed against two different persons who became tenants of portions .....

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Nov 27 1973 (HC)

Sri Kanchi Kamakoti Sankarachariar Swamigal Mutt Represented by Sri M. ...

Court : Chennai

Decided on : Nov-27-1973

Reported in : (1974)2MLJ153

..... of the mutt by his reply dated 10th november, 1967 stated that the rules framed under section 116 (2) .(xxiii) of the tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter called the act) were not applicable to the servants of the mutt. the third respondent viz., the deputy commissioner, hindu religious and charitable endowments, by his reference dated 21st december, 1967 directed the recovery of the amount paid in ..... excess of the amount payable as per the travelling allowance rules. the petitioner, thereupon, requested the third respondent to revise his order in view of the fact that sections 56 and 57 of the act which related to the service conditions of servants of religious institutions were ..... that the travelling allowance rules were framed under section 116 (2) (xxiii).of the act and not under section 56 of the act and as such rule 14 (2) of the rules framed under section 116 (2) (xxiii) is applicable to the servants of the mutt also. the petitioner filed a revision petition to the commissioner, hindu religious and charitable endowments, the second respondent herein who dismissed the same .....

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