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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1978

Mar 30 1978 (HC)

Kanyakaparameswari Varthaka Sangham Vs. Commissioner of Endowments, An ...

Court : Andhra Pradesh

Decided on : Mar-30-1978

Reported in : AIR1979AP173

..... commissioner to prepare separately end publish in the prescribed manner a list of all mutts charitable institutions and endowments, religious institutions and endowments with reference to their income. section 8 of the act vests in the commissioner the general superintendent and control over the administration of all charitable and hindu religious institutions and endowments. he is empowered to pass any order which may be deemed necessary to ensure the ..... from those on which the district judge had rested his judgment. jeevan reddy j., held that the sangham it self was a charitable institution and that all properties owned by it including the sachram were necessary charitable endowments. the sangham has ..... the choultry and there could therefore be no difficulty in concluding that the building was a charitable endowment he,therefore, decreed the suit 5. the sangham preferred an appeal to the high court. jeevan reddy, j.. by his judgment dated 27-10-1976 confirmed the decree of the trial court, but he rested his decision on grounds different ..... on behalf of the members. finally it is expressly provided, 'the objects of this association may be altered or new provisions made in accordance with section 12 of the societies act' 10. it is patent from the memorandum of the association and the bylaws that the varthalea sangham is primarily meant to serve the needs to the merchant .....

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Aug 21 1978 (HC)

Sri Kanyakaparameswari Anna Satram Committee, Vijayawada and ors. Vs. ...

Court : Andhra Pradesh

Decided on : Aug-21-1978

Reported in : AIR1979AP121

..... sri vasavi kanyaka parameswari a special and unique religious denomination, is entitled to manage the first plaintiff-institution. it is different from the other religious institutions which are governed by the andhra pradesh charitable and hindu religious institution and endowments act, 1966 (act 17 of 1966) hereinafter referred to as 'the act'. the first plaintiff is governed by the societies registration act of 1860 and is an association of ..... directed to take charge of the records etc. from the executive authority of the said institution. sub-section 4 (a) of s. 27 of the clearly provides that the executive officer appointed shall be under the administrative control of the trustee the institution or endowment and shall responsible for carrying out all lawful directions issued by such trustee from time ..... see no subspace of the contention that the central government does not even possess the power to collect facts in regard to allegations of corruption made by a section of the state legislature against sitting ministers of the state government. that power must undoubtedly be exercised sparingly and with restraint because under the guise of directing an ..... on receiving that explanation from the plaintiffs, the second defendant passed an order on 17-8-1972 suspending plaintiffs 2 to 9 under section 26 of the act as if they were trustees appointed under the act. by the same order, the third defendant was appointed as a fit person to take charge of the first plaintiff-association. the .....

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Oct 04 1978 (HC)

Koduru Sriganga Reddy and ors. Vs. the Commissioner, Endownments Depar ...

Court : Andhra Pradesh

Decided on : Oct-04-1978

Reported in : AIR1979AP73

..... of law is raised in this writ petition. it is whether the term of 'non-hereditary trustee' appointed by the deputy commissioner under sec. 15 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (hereinafter referred to as 'the act') is to be reckoned from the date of their appointment or from the date when they take the oath of office and secrecy. ..... the deputy commissioner may constitute a board of trustees consisting of not less than five and not more than seven persons appointed by him sub-sec. (5) of sec 15 provides that every trustee appointed under the act shall hold office for term of three gears unless in the meanwhile he is removed, dismissed, or has resigned or otherwise ceases to be ..... a trustee. section 16 (2) provides, that before a trustee enters upon his office, the commissioner or any other person authorised by him in this behalf, shall administer to ..... 2. the petitioners along with two others were appointed as 'non-hereditary trustees' of sri udayakaleswaraswami, venugopala and lakshminarasimhaswamy temples of gondavaram village in kovur taluk, nellore district by the deputy commissioner endowments department, kurnool .....

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Feb 17 1978 (HC)

Sengoda Gounder Vs. Shanmugham

Court : Chennai

Decided on : Feb-17-1978

Reported in : 1979CriLJ430

..... he has been appointed as a fit person for the aruimigu mariamman and karuppannasami temples of akkiampatty village by the assistant commissioner of the hindu religious and charitable endowments department, filed the petition under section 101 of the tamil nadu hindu religious and charitable endowments act. the petition herein who was managing the temple for some time filed o.a. no. 61 of 1974 before the deputy commisioner ..... held that the magistrate's court as an executing court could only order delivery of possession of the religious institution to the fit person mentioned in the order passed by the h. r. & c. e., department under section 101 of the said act and it cannot examine the validity or correctness of the order appointing the respondent as a fit person ..... of the religious institution and it directed the petitioner to deliver possession of the temples, its connected records, accounts and relevant papers ..... the receiver and other expenses incurred by him shall be paid out of the income of the religious institution concerned.the contention of the learned counsel that because of these special provisions made in the tamil nadu act 24 of 1976, section 101 of the principal act is in effect abrogated or is practically kept in abeyance during the tenure of the tamil .....

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Mar 06 1978 (HC)

Sri Pushpagiri Mutt, by Its Peedathipathi Sri Vidya Nrusimha Bharathy ...

Court : Chennai

Decided on : Mar-06-1978

Reported in : (1979)1MLJ54

..... memorandum. the provocation for this move was found in certain events, which occurred subsequent to the filing of the suit. it was stated that according to the andhra pradesh charitable and hindu religious institutions and endowments act, 1966, the scheme framed earlier, became inoperative, and the person to represent the plaintiff-mutt became the peedathipathy himself even before the filing of the said appeal. as noted ..... perusal of the records in the court below, certain -essential features of the case do emerge out. an executive officer was appointed for the plaintiff-mutt by the commissioner of hindu religious and charitable endowments (administration), andhra pradesh, in pursuance of a scheme framed therefor. the plaintiff-mutt sled the suit for a declaration of title regarding the property at no. 20, ekambareswarar agraharam ..... , rule 1 of the code of civil procedure. order 3, rule 4, sub-rule (2) of the code of civil procedure, as it stood prior to the amendments introduced by act civ of 1976, states that every appointment of pleader filed in court shall be deemed to be in force...until all proceedings in the suit are ended so far as ..... mere misdescription of such a party can always be corrected provided the mistake was bona fide. vide order 1, rule 10, g.p. code. such an amendment does not involve the addition of a party so as to attract section 22(1), limitation act.6. applying the above principles, i allow this revision and to meet the ends of justice, i direct the .....

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Nov 09 1978 (HC)

Thirumullapulli Devaswom Vs. Commissioner for Workmen's Compensation

Court : Kerala

Decided on : Nov-09-1978

Reported in : (1979)ILLJ398Ker

..... from service on 2-5-1973. the second respondent filed an appeal challenging that order before the competent authority in accordance with the provisions of section 49(2) of the madras hindu religious and charitable endowments act, 19 of 1951, (briefly the act). the appeal was dismissed. the second respondent challenged that order by o.p. no. 316 of 1975. this court set aside the orders of ..... d.p. namboodiripad, j.1. the petitioner in this case is a hindu religious institution by name 'thirumullapulli devaswom' represented, in these proceedings, by its manager. the first respondent is the commissioner for workmen's compensation and shop appellate authority, kozhikode and the second respondent ..... in which the persons employed are mainly engaged in office work' would necessarily indicate that the definition can apply only if certain facts are established. the purpose for which an institution is established, the normal function it has to discharge, etc., are points to be taken into consideration to decide whether the persons employed by that ..... institution are mainly engaged in office work. 'devaswom' is a compendious expression taking in a temple, its property, its management, etc. certain employees of a temple will have to discharge duties .....

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Dec 07 1978 (HC)

M. Madhavan Pillai Vs. K.A. Balan and ors.

Court : Kerala

Decided on : Dec-07-1978

Reported in : AIR1979Ker120; [1978(37)FLR59]

..... secretary of the transport department who heard the objectors in air 1959 sc. 308 and that of the deputy commissioner under section 57 of the madras hindu religious and charitable endowments act, 1951, are entirely different. sub-section (2) of section 68d of the motor vehicles act, 1939, under which the hearing was given only says that 'the state government may, after considering the objections and after ..... . trichur a private college run and administered by the cochin devaswom board, vested with authority over the college under section 62 of the hindu religious institutions act, 1950, which is as follows: '62. (1) the administration of incorporated and unincorporated devaswoms and hindu religious institutions which were under the management of the ruler of cochin immediately prior to the first day of july 1949 either ..... of courts of justice and other judicial tribunals, but in the case of authorities which, though in no sense to be called courts, have to act as judges of the rights of others. x x x x x x from the above rule it necessarily follows that a member of such a body as i have described cannot be both a party and a judge ..... high court on the ground that the appellate tribunal has either decided erroneously, or failed to decide, any question of law. (10) the provisions of section 5 of the limitation act, 1963, shall be applicable to any proceedings under sub-section (9). (11) the high court shall, after giving the parties an opportunity of being heard, pass such order on the .....

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Jul 14 1978 (HC)

Smt. Sarjoo and ors. Vs. Pandit Ayodhya Prasad and ors.

Court : Allahabad

Decided on : Jul-14-1978

Reported in : AIR1979All74

..... india ltd. v. p.s. rajagopalan : (1963)iillj89sc , before dealing with the question of construction of section 33c of the industrial disputes act, the supreme court considered it material to refer to the legislative history of the enactment. in s.t. swamiar v. commr. for hindu religious and charitable endowments : air1963sc966 , the supreme court held that in interpreting an enactment, the court should refer not merely ..... , therefore, of the opinion that the provisions of section 14 of the religious endowments act were not applicable to the facts of the present case and the suit as framed was not maintainable. if it be assumed that section 92 of the civil p. c. applied to the present case, then also since the suit had been instituted without the consent in writing of the advocate ..... ji installed in the temple in dispute situate on the western side of the tank known as 'paniwali dharamshala' in the city of jhansi, instituted a suit under section 14 of the religious endowments act, 1863 (hereinafter referred to as the act) with the allegations that it was a very ancient temple in which they had made various improvements, that the defendants who claimed to be ..... they provide for the management and maintenance etc. of the temple by themselves and thereafter by their own descendants, it retains the character of a private endowment.10. one of the important factors to be taken into account is as to whether the founders of the temple ever held it out to be a public temple. if they .....

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Aug 11 1978 (HC)

Ram Bhadur Thakur and Co. and anr. Vs. State of Karnataka

Court : Karnataka

Decided on : Aug-11-1978

Reported in : AIR1979Kant119; ILR1979KAR394

..... in support of his contention, the learned advocate-general relied on the following observations of the supreme court in sudhindra thirtha swamiar v. commr. for hindu religious and charitable endowments, mysore : air1963sc966 : 'a levy in the nature of a fee does not cease to be of that character merely because there is an ..... said to have been validity presented and the suit cannot be said to be instituted and that the learned civil judge could not make a reference when the suit itself had not been instituted in the eye of law. 10. we do not consider it necessary to deal with the above preliminary objection, ..... prescription of ad valorem court-fee as laid down in art. 1 of sch. i of schedule i to the karnataka court-fees and suits valuation act, 1958, without prescribing a maximum limit and without the slab system, does not violate the fundamental rights guaranteed by article 19(1)(f) and ( ..... receipt from court-fees and the total cost of administration of civil justice during the years subsequent to the coming into force of the present act, have shown that such increase of court-fees was justified to meet the ever rising cost of administration of civil justice. 27. the more ..... v. salvation army : [1975]3scr475 , the supreme court, while considering the question whether the contribution levied on public trusts under the bombay public trusts act, is a tax or a fee, held that the expenditure on construction of buildings for locating the head office and the regional offices of the organisation .....

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Apr 27 1978 (SC)

Nagu Reddiar and ors. Etc. Vs. Banu Reddiar and ors. Etc.

Court : Supreme Court of India

Decided on : Apr-27-1978

Reported in : AIR1978SC1174a; (1978)2SCC591a; [1978]3SCR770; 1978(10)LC387(SC)

..... case, a bench of the madras high court in sri ramanasramam by its secretary g. sambasiva rao and ors. v. the commissioner for hindu religious and charitable endowments, madras, : air1961mad265 observed that as samadhi over one who comes to be regarded as of the illuminati or even the tombs of heroes ..... recipients of the bounty or blessings of a divine presence, which they believed to exist at the place. samadhis of saints are recognised as religious institutions in the south. it is well-known that the samadhi of saint 'pattinathar' is considered as a place of worship in tiruvottiyar near madras ..... out of a suit filed by the plaintiffs in the court of the subordinate judge, tiruchirapalli in o.s. no. 152 of 1955 under section 92 of the cpc for removing one nagu reddiar, the first defendant, from the trusteeship of the suit charities and for framing a scheme ..... addition, under the head of advancement of religion, there are other charitable objects in hindu law which will not be charitable according to english law for that law forbids bequests for what are termed superstitious uses. under the mussalman wakf validing act, 1913, act vi of 1913, a wakf for the maintenance and support, ..... as the document explicitly states that the properties are given absolutely for the charities.10. this unequivocal statement is followed by the recital that the settlors will have no right whatsoever in the properties endowed. again to place the matter beyond all doubt, it is specifically recited that .....

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