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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1975

Jul 31 1975 (HC)

The Commissioner for Hindu Religious and Charitable Endowments Vs. the ...

Court : Chennai

Decided on : Jul-31-1975

Reported in : AIR1976Mad67; (1976)1MLJ17

..... question. that petition was dismissed and the appeal preferred by the sangam against that order was also dismissed, and thereafter the present suit was instituted under section 70 of the hindu religious and charitable endowments act, 1959 for setting aside the order of the commissioner confirming the order of the deputy commissioner, and for declaring the first respondent as hereditary ..... relevant for the disposal of the appeal in view of the statutory definition of the term 'hereditary trustee '. section 8(11) of the hindu religious and charitable endowments act, 1959, defines the expression 'hereditary trustee' as meaning:a trustee of a religious institution, the 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.the term 'trustee' has been defined in section 6 ..... that such consideration are foreign to the scope of the suit because it is a statutory one instituted under section 70 of the act xxii of 1959 for the purpose of setting aside the order dated 7th september, 196?, in hindu religious and charitable endowments. appeal no. 6 of 1962 passed by the trial judge exercising the powers of the .....

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Feb 28 1975 (HC)

Thanumalayaperumal Mudaliar and ors. Vs. the Commissioner, the Hindu R ...

Court : Chennai

Decided on : Feb-28-1975

Reported in : (1975)2MLJ310

..... decided by the statutory tribunal under the provisions the tamil nadu religious and charitable endowments act, 1959. it is also claimed that an application was filed under the appropriate section before the appropriate authority contending that the suit temple in question was not a religious institution and that the plaintiffs held office hereditarily.the deputy commissioner hindu religious and charitable endowments department madurai, held the hereditary trusteeship right in favour of ..... of the defendants is a resident of azhkiapandiapuram and not aloor. he is a relation of the plaintiffs and be is a veteran litigant. he has filed as many as : 10 suits and the trend of his examination shows that everything was not well with him in so far as the plaintiffs were concerned. he claimed the amount payable by the ..... members of the public to resort thereto as of right either for worship or for participating in any celebration therein. the cocoanut grove near the temple belongs to the temple.10. the inspection report of the commissioner, which is to the effect that there is no gopuram, no dwajasthambham, no procession of the utasava idols, no hundi, no vahaham and ..... . what is the order as to costs ?9. whether the plaintiffs are estopped from contending that the suit temple and its properties belong to the private family of the plaintiffs ?10. whether the suit is barred by res judicata in view of the findings in o.s. no. 22 of 1962 of the sub-court, nagercoil.mr. padmanabhan, learned counsel .....

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Mar 10 1975 (HC)

R. China Boyan and ors. Vs. the Commissioner for Hindu Religious and C ...

Court : Chennai

Decided on : Mar-10-1975

Reported in : (1975)2MLJ294

..... proceed on the basis that the suit institution is a religious denomination within the meaning of article 26 of the constitution.3. the first defendant is the commissioner, hindu religious and charitable endowments. in the written statement, the main plea taken was that the suit was not maintainable in view of the provisions of section 108 of tamil nadu hindu religious and charitable endowments act (xxii of 1959) (hereinafter referred to as ..... was held not maintainable. the first question for consideration is whether the present suit for a declaration that the suit institution is a religious denomination within the meaning of article ..... the present act). this contention was accepted by both the courts below and the suit .....

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Jan 21 1975 (HC)

A.N. Ramaswami Iyer and ors. Vs. the Commissioner, the Hindu Religious ...

Court : Chennai

Decided on : Jan-21-1975

Reported in : (1975)2MLJ178

..... is why they have been hereditarily managing the affairs of the temple. under section 6, clause (22) of the tamil nadu hindu religious and charitable endowments act, 1959,'trustee', means any person of body by whatever designation known in whom or in which the administration of a religious institution is vested, and includes any person or body who or which is liable as ..... . the plaintiffs-preferred an appeal, appeal no. 45 of 1962, to the commissioner, hindu religious and charitable endowments, madras, against that part of the order which held that the trusteeship of sri venkatachalapathi temple was not hereditary under section 6 (9) of the tamil nadu act xix of 1959. the appeal was dismissed on 10th may, 1963. according to the plaintiffs ..... by the plaintiffs for themselves and as members of the committee of the agraharam pothu, dharmam alias dharma paripalana sabha of vadakku ariyanayagipuram, against the commissioner of the hindu religious and charitable endowments (administration), madras (the first defendant), and the executive officer, sri kailasanatha-swami devasthanam, ariyanayagipuram (the second defendant), for setting aside the order of the first ..... by courts. but, in none of them has it been held that a body of trustees such as a particular caste or village is disentitled to be hereditary trustees.10. for instance in the case reported in muthirula filial v. tkyagarajaswami pillai : (1964)1mlj230 , a large numter of persons, called koilkudigals were the joint trustees of .....

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Nov 06 1975 (HC)

M.E. Subramani and ors. Vs. the Commissioner, Hindu Religious and Char ...

Court : Chennai

Decided on : Nov-06-1975

Reported in : (1976)1MLJ281

..... duties as trustees. the 5th trustee is said to have resigned from the trusteeship.2. the first respondent herein, in exercise of his powers under section 45 of the tamil nadu hindu religious and charitable endowments act, 1959, had appointed, by his order dated 4th september, 1975 the third respondent as the executive officer of the group of temples in question. ..... of the non-hereditary trustees out of the five appointed for a religious institution comprising the arulmigu margasahaya iswarar, varasiddhi vinayakar and karunakara perumal, etc., group of temples at maduravoyal, saidapet taluk, chingleput district, by an order dated 27th august, 1973 of the assistant collector, hindu religious and charitable endowments. it appears that apart from the three trustees who are the petitioners ..... it says 'the commissioner may appoint, subject to such conditions as may be prescribed, an executive officer for any religious institution, either a mutt or specific endowment attached to a mutt'. having regard to the language used in this section, it is not possible to construe the words 'subject to such conditions as may bet prescribed' as being a ..... court in writ petition no. 5215 of 1975 that if the commissioner finds that the appointment of an executive officer for a particular religious institution is necessary for the better and efficient management of that institution, he can proceed to appoint the executive officer without any enquiry into the affairs of the temples or without any notice to .....

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Jan 14 1975 (SC)

Mahant Dharam Das and ors. Vs. the State of Punjab and ors.

Court : Supreme Court of India

Decided on : Jan-14-1975

Reported in : AIR1975SC1069; (1975)1SCC343; [1975]3SCR160

..... jagadguru kari basava rajendraswami of gavimittt v. commissioner of hindu religious charitable endowments, hyderabad : [1964]8scr252 a scheme had been framed before the constitution and section 103(d) of the madras hindu religious and charitable endowments act, 1951, properly construed, gave an operative force to the earlier schemes framed under the madras act 2 of 1_973 as though they were framed under the act 19 of 1951. it was not intended by ..... an ordinary legal proceedings, i.e. the plea as to g the locus standi of claimant either under sub-section (1) of section 3 or under sub-section (1) of section 7 by pleading and proving that such claimants did not possess the requisite qualifications entitling them to make the claim in dispute. these very contentions were urged before the high court and negatived by ..... . in any case these are unreasonable restrictions on the right of the appellants and violate article 19(1)(f).10. on behalf of the respondents it is submitted that the appellants have not established or even prima facie satisfied the court that the institutions were established by the udasis. no documents were produced not even a rejoinder of the denial of the .....

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Sep 08 1975 (HC)

Bashir Ahmed Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-08-1975

Reported in : AIR1976Cal142

..... varu v. state of andhra pradesh, : [1970]1scr103 . the andhra pradesh charitable hindu religious endowment act was under challenge under article 19 and article 14 of the constitution. at p. 188 of the report para. 10, to which my attention was drawn, the supreme court after discussing the provisions of the act came to the conclusion that it has nowhere been established that the petitioner ..... whereas the former could be regulated by laws which the legislature could validly impose it is clear, therefore, that questions merely relating to administration of properties belonging to a religious group or institution were not matters of religion to which clause (b) of article 26 applied. what constituted the essential part of a religion was primarily to be ascertained with reference ..... other incidental matters. the bengal wakf act, 1934, provides definitions of wakf as well as wakf-al-al-aulad- wakf is defined under section 6(10) as follows:--'wakf means the permanent dedication by a person professing islam of any movable or immovable property for any purpose recognised by the islamic law as pious, religious or charitable and includes a wakf by user; ..... and in the facts and circumstances of the case, are restrictions which are reasonable in my opinion.14. it was. lastly, contended that inasmuch as by the amendment to section 27, an education fund had been created exclusively devoted to the education of the boys and girls professing the islamic faith, the same was violative of article 27 of .....

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Apr 08 1975 (HC)

Kalu Ram and ors. Vs. Jagdeo Das and anr.

Court : Rajasthan

Decided on : Apr-08-1975

Reported in : 1975WLN(UC)173

..... been made final and conclusive.7. according to this act public trust means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, dharmada or any other religious or charitable endowment or institution and a society formed either for religious or charitable purpose or for both. section 17 of the act requires registration of all public trust within a specified ..... jagdeo das repudiated the allegations made by the plaintiffs. it was alleged by him that the temple is, really speaking, a hindu religious monastic institution. he denied that the temple was constructed or founded by the hindu chhipa community. the management of the institution had always been in the hands of his father as mahant and after his death he being his disciple became incharge ..... and their lordships of the privy council held that in the circumstances of the case though the temple was founded by one individual but it was dedicated to the public.10. in narayan bhagwant rao gosavi v. goppal vinayak gosavi : [1960]1scr773 their lordships found that the idol of balaji ventkatesh was discovered and installed by one individual and though at .....

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Feb 05 1975 (HC)

S.S. JaIn Sabha (of Rawalpindi), Delhi and ors. Vs. Union of India and ...

Court : Delhi

Decided on : Feb-05-1975

Reported in : ILR1976Delhi61

..... be done by way of a suit in a civil court. (kakinada annadana samajam v. commissioner of hindu religious and charitable endowments, : [1971]2scr878 , the ratio of which was reaffirmed by the supreme court in arya vyasa sabha v. the commissioner of hndus charitable and religious institutions and endowments, (civil appeal nos. 1984 1986 and 2115 of 1970 and 106 of 1971, decided on 24th november ..... belong to their religion. b. though anyone is free to establish and administer a school which does not seek recognition [section 3(3)] schools seeking recognition have to possess adequate funds, accommodation, teachers with prescribed qualifications and other facilities (section 4 and rule 50). c. grants-in-aid are given to all recognised schools who have a permanent income and reserve ..... in industry do not enjoy security of tenure but are compensated by higher emoluments as compared with government servants. teachers of all schools subject to the delhi school education act, 1973 will enjoy security of tenure on being confirmed. once they are confirmed, their service cannot be terminated. such termination will amount to removal or dismissal as the ..... [1973]2scr757 . the reason for this approach is that freedom of speech is the very matrix of living democracy and the courts would stretch a point in its favor.(10) it is in line with the second of the abovementioned two approaches to the understanding of fundamental rights that the minorities petitioners claim to be entitled to admit to their .....

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Nov 24 1975 (SC)

Arya Vyasa Sabha and ors. Vs. the Commissioner of Hindu Charitable and ...

Court : Supreme Court of India

Decided on : Nov-24-1975

Reported in : AIR1976SC475; (1976)1SCC292

..... the appellants are maintaining various institutions pursuant to those objects. the endowment department of the state, included the various institutions of the appellants in the list of religious institutions published under section 6(c)(ii) of the andhra pradesh act 17 of 1966 calling upon them to have the institutions or temples registered under section 38 of the said act. the appellants along with others ..... within the meaning of article 26 of the constitution. in regard to questions 3 and 5, it observed:likewise, whether a particular religious or charitable institution is or is not a religious denomination or any section thereof within the meaning of article 26 of the constitution, is also a question of fact or, in any event, a mixed ..... were dismissed on december 2, 1970 by a bench of five learned judges. that decision is reported under the cause title, kakinada annadana samajam v. commissioner of hindu religious and charitable endowments, hyderabad1.5. in the earlier batch of appeals, this court also left questions 3 and 5 undecided leaving the appellants at liberty to agitate the same in ..... question whether the turnew's choultry is a private or a public charitable institution. this the municipal council is entitled to agitate before the deputy commissioner under section 77 of the act . . . before the high court some of the writ petitioners had claimed that their institutions were religious denominations within article 26 and were therefore entitled to the protection guaranteed .....

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