Court : Andhra Pradesh
Decided on : Aug-10-1976
Reported in : AIR1977AP160
..... , there is no bar of limitation, though section 10 of the limitation act did not apply to this item. the view of the learned judge is that section 103 of andhra pradesh charitable and hindu religious institutions and endowments act 1966 (hereinafter referred to as the new act) which corresponds to section 94 of the madras hindu religious institutions and charitable endowments act 1951 (hereinafter referred to as the old act) applies to the case and saves the claim ..... years after that date, is clearly barred by time.9. sri veerabhadriah further contends that the learned judge is wrong in relying upon section 103 of the charitable and hindu religious institutions and endowments act 1966, which corresponds to section 94 of the madras hindu religious and charitable endowments act 1951. whichever provision applies, so the learned counsel argues, the safeguard that is provided in these provisions is available only in case, where ..... the property belonging to religious institutions was not vested in a person or his predecessor in title before the commencement of the 1951 act, viz. 30-9 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-20-1976
Reported in : AIR1977SC1848; (1977)1SCC525; 1SCR889
..... the board of commissioners for hindu religious endowments, madras, hereinafter referred to as the board, that the institution known as sri manjunatha temple at dharmasthal, puttur taluk, south kanara district, was a 'temple' as defined in clause (12) of section 9 of the madras hindu religious endowments act, 1926 (madras act ii of 1927), hereinafter referred to as the act. the commissioner under the madras hindu religious and charitable endowments act feels aggrieved because the impugned ..... .10. the preamble of the act states, inter alia, that it is meant to provide for the better administration and governance of 'certain hindu religious endowments' described in it. section 2 makes it clear that the act applies 'to all hindu public religious endowments'. private religious endowments are therefore outside its scope. then there is an explanation to the following effect,-explanation,-for the purpose of this act, hindu public religious endowments do not include jain religious endowments ..... but does not include gifts of property made as personal gifts or offerings to the head of a math or to the archaka or other employee of a temple. it follows that 'all property' belonging to, or given or endowed for the support of a temple or for the performance of any service or charity connected with the temple will constitute its .....Tag this Judgment!
Court : Chennai
Decided on : Apr-30-1976
Reported in : (1977)1MLJ125
..... not being completed and the proposed idol installed. unfortunately for the persons in charge of the institution, a finding of the board that the incomplete temple was an institution and a temple within the meaning of section 84 (1) of the hindu religious endowments act (ii of 1927) as amended by act (x of 1946), was left unchallenged and the finding became final. it was in that peculiar situation ..... mudaliar v. commissioner of hindu religious and charitable endowments (administration) department (1975) 88 l.w. 649. that the guidelines are that it should be a place of, public worship, there should be acceptable proof of dedication for the benefit of the hindu community or a section thereof and/or the worshippers have been using, as of right, the religious institution as a place of public religious worship. one of ..... claimed that thousands of devotees congregate at the samadhi during the gurupuja festival. turning now, to rathnavelu v. commissioner of hindu religious and charitable endowments : air1954mad398 . it was. held therein that where, for a long period, an institution had been regarded as a place of religious worship, which the public were entitled to use as a matter of right, it fell within the definition of a .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-02-1976
Reported in : AIR1977Kant53; ILR1977KAR43; 1976(2)KarLJ258
..... acquired finality, as appeals against the same also failed.5. respondent no. 8 thereafter applied to the deputy commissioner, endowment - respondent no. 2 for issuance of a certificate in terms of section 87 of the madras hindu religious and charitable endowments act of 1951 (hereinafter referred to as the 'act'). respondent no. 2 by his order dated 12th september, 1973, issued the requisite certificate and it is this ..... is removed or dismissed or his resignation is accepted by the commissioner or he otherwise ceases to be a trustee.40 (new): chairman:(1) in the case of a religious institution for which a board of trustees is constituted under section 39, sub-section (1) the board shall elect one of its number to be its chairman.(2) in the case of any other ..... board of trustees at the instance of the very petitioners in writ petition no. 2859 of 1972.*10. for the purpose of section 87 respondent no. 8 is the 'trustee' by virtue of rule 16 (2) (a) framed under section 100 (2) (j), rule 1 framed under section 100 (2) (k) and rule 4 framed under sectiotis 36 and 100 (2) (1) which rules ..... , this, then, leads to the inevitable result of the dismissal of the petition, and no other contention has been urged before us.21. as regards costs, respondent nos. 5 to 10 shall get costs from petitioners 1 to 5. advocate's fee rs. 250/-.22. petition dismissed.Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-11-1976
Reported in : AIR1976SC2450; (1976)4SCC821
..... provisions of the act have been extended, be construed to mean 'jain'. counsel referred to sections 9, 10, 12, 14, 96 and 107 of the act and submitted that a jain commissioner would have ..... applied to all jain institutions. the reason is obvious. all the institutions may not be mis-managed like the one to which the act is being applied.7. another contention which was brought in aid by counsel for the appellants was that section 2(2) of the act said that wherever the word 'hindu' occurred, it shall, in respect of jain public religious institutions and endowments to which the ..... contention of the appellant before the high court was based on article 14 that there were no guidelines to apply the provisions of the tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter called the act) to the jain institutions. the high court did not accept the contention of the appellants.3. counsel for the appellant with fairness realised that there was no force in the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-30-1976
Reported in : AIR1977Mad402
..... s. 57 of act ii of 1927. sub-section (7) of that section conferred the right of suit on the trustee or any person having interest to institute a suit to set aside or modify a scheme within six months of the date of publication pending that suit, madras act ii of 1927 was repealed and re-enacted as the madras hindu religious and charitable endowments act xix of 1951 ..... any other party. the recording of the compromise in this case, therefore, could not be questioned on any ground of conferring jurisdiction on the court below by consent of parties.10. the learned counsel for the respondents sought to support the order of the court below recording the compromise also on two other grounds. firstly, s. 16-a is not applicable ..... agreement. the court below lacked jurisdiction to record that compromise accordingly. in this connection, he also relied on the final publication of the gazette notification under s. 3(9) and (10) wherein defendants 1, 3 and 4 were shown as tenants in respect of the suit properties. the learned counsel also relied on a decision of this court reported in muniyandi ..... on the file of the district munsif of kancheepuram for a declaration that he is the lessee of the suit lands on the basis of a lease deed dated 15-10-1964 given by the owner, namasivaya chettiar. the lease was stated to be for a period of ten years. when the lessor and his brothers tried to take forcible possession .....Tag this Judgment!
Court : Chennai
Decided on : Jul-20-1976
Reported in : 1977CriLJ620
..... on him by the criminal procedure code, in exercise of the jurisdiction vested in him.4. in alagappa gounder v. karup-pa chetty a similar question with reference to section 87(c) of the madras hindu religious and charitable endowments act, 1951 (corresponding to section 101 of present act of 1959) arose for consideration. there too, a contention was raised that a magistrte entitled to exercise powers under ..... section 87(c) had no power to issue a search warrant. repelling that contention somasundaram, j., held as follows:once the court is given jurisdiction to pass orders ..... the petitioner another ground of objection was also raised by mr. srinivasa gopalan. it was contended by him that under section 93 of the criminal procedure code, 1973 a magistrate can issue a search warrant only in connection with any ..... by the procedure contemplated in section 107 of the act. it is open to the magistrate to issue a search warrant in an appropriate case if he finds that there is necessity and justification for issuing such a warrant and any delay in the issue of such warrant will defeat the interests of the cooperative institution.5. on behalf of .....Tag this Judgment!
Court : Orissa
Decided on : Jul-01-1976
Reported in : AIR1977Ori40; 42(1976)CLT989
..... after him his successors-in-interest constituted hereditary trustees of the said institution.3. one of the co-sharers of the petitioner. nilakantha acharya, commenced a proceeding under section 41 of the orissa hindu religious endowments act (hereinafter referred to as the 'act') numbered as o. a. no. 104 of 1972 -before the assistant commissioner of endowments for a declaration that the deity shri dadhibaman jew is a ..... , started a proceeding under section 130 of the orissa estates abolition act for a declaration that the properties dedicated to the deity, shri dadhibaman jew, was a trust estate the tribunal by its order dated 20-12-1966 (annexure-a/1) declared the endowed lands of the deity to be trust estate as its income was spent for charitable and other public beneficial purposes ..... the petitioner, therefore, succeed.10. in result, annexures-2 and 3 cannot be upheld and are hereby quashed by issuing a writ of certiorari. the entire matter is remitted back to the assistant commissioner of endowments who is to start an enquiry under section 41 of the act suo motu, if a proceeding thereunder has not, in the meantime, been instituted, and determine the two .....Tag this Judgment!
Court : Chennai
Decided on : Mar-24-1976
Reported in : AIR1977Mad79
..... consideration. while the indian limitation act, 1908, under article 134(c) had stated that the starting point of ..... is to be noted that article 96 of the limitation act, 1963 has made a significant change in the period of limitation in respect of suit which are to be instituted by the manager of a hindu, muslim or buddhist religious or charitable endowment to recover possession of movable or immovable property comprised in the endowment which had been transferred by a previous manager for a valuable ..... to be a manager. i am unable to accept this argument, from one point of view. neither section 42 nor section 43-a of the wakf act on which reliance has been placed uses the word, "manager". the word "manager" in relation to a religious or charitable endowment is not a term of art. the said word denotes the person who is in charge of the ..... ex. a-2. if so, the question of the said ibrahim bivi conferring absolute powers on her son sheik dawood, who executed the sale deeds in question, cannot possibly arise.10. no other point was urged before me.11. under these circumstances, the second appeals succeeded and they are allowed and the judgments and decrees of the courts below are set .....Tag this Judgment!
Court : Chennai
Decided on : Mar-24-1976
Reported in : (1976)2MLJ263
..... consideration while the indian limitation act, 1908 under article 134(c) had stated that the starting point of ..... is to be noted that article 96 of the limitation act, 1963 has made a significant change in the period of limitation in respect of suits which are to be instituted by the manager of a hindu, muslim or buddhist religious or' charitable endowment to recover possession of movable or immovable property comprised in the endowment which had been transferred by a previous manager for a valuable ..... to be a manager. i am unable to accept this argument, from one point of view. neither section 42 nor section 43-a of the wakf act on which reliance has been placed uses the word, 'manager'. the word 'manager' in relation to a religious or charitable endowment is not a term of article the said word denotes the person who is in charge of the ..... exhibit a-2. if so, the question of the said ibrahim bivi conferring absolute powers on her son sheik dawood, who executed the sale deeds in question, cannot possibly arise.10. no other point was urged before me.11. under these circumstances, the second appeals succeed and they are allowed and the judgments and decrees of the courts below are set .....Tag this Judgment!