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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1979

Apr 23 1979 (HC)

Sri Bramaramba Chennamalleswara Swami Temple, Isukapdili Vs. theta Nar ...

Court : Andhra Pradesh

Decided on : Apr-23-1979

Reported in : AIR1979AP297

..... pradesh charitable and hindu religious institution and endowments act (act no. xvii) of 1966 (hereinafter called 'the act') stating that one kesana narasimhulu and forty other persons had encroached upon survey nos. 58/1 and 38/2 of isukapalli village belonging to sri bramaraml chennamalleswaraswamy temple isukapalli and constructed houses there and hence they should be evicted. it a stated that in a compromise between the archakas ..... that this provision resolves practical difficulties and prescribes a workable scheme for the administration of religions institutions, they further observed that when a ..... any other religious institution having more than one trustee, the trustees of such institution shall elect one of their members to be the chairman and that a chairman elected under sub-sec. (1) or sub-sec. (2) shall hold office for such period as may be prescribed' then, the teamed judges referred to r. 10 of the rules framed under the act and observed ..... we will presently refer) are not correct. 10. first, we take up the question whether the order of the deputy commissioner dated 30th sept. 1970 under s. 15 (4) of the act that possession of the lands of the temple should be delivered to the managing trustees is valid or not section 75 of the act reads as follows:- '75. (1) where .....

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Dec 29 1979 (HC)

E. Sreeramulu Vs. K. Chengal Rayan and ors.

Court : Andhra Pradesh

Decided on : Dec-29-1979

Reported in : (1980)IILLJ413AP

..... to be promoted unless there is penalty of withholding of promotion.15. adverting to the second contention of the learned counsel for the appellant that under section 83 of the andhra pradesh charitable and hindu religious institutions and endowments act, there is an alternative remedy of revision to the government which is efficacious and, therefore, the respondents-petitioners should not be allowed to invoke the ..... though categorised as a non-selection post, but apart from seniority, efficiency and merit also will have to be taken into consideration; and (2) under section 83 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966, an alternative remedy by way of revision has been provided for and, therefore, without invoking the said jurisdiction, it is not competent for the ..... constitution of india.5. the relevant portion of rule 6 of the recruitment rules, which deals with appointment and method of recruitment, reads:the method of recruitment for appointment, qualifications and the age prescribed for the various posts shall be as specified in columns (3), (4) and (5) against each post in annexure ii to these rules.as ..... guide. it does not follow that the employee longest in service in a particular grade is best suited for promotion to a higher grade; the very opposite maybe true.10. now, the crucial question, is whether there is any provision enacted in the t.t.d. recruitment rules determining the criteria for promotion to the category of senior .....

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Mar 02 1979 (HC)

The Executive Officer of Sri Ranganathaswami Devasthanam, Sri Rangam A ...

Court : Chennai

Decided on : Mar-02-1979

Reported in : (1979)2MLJ280

..... , therefore, cannot how in these proceedings challenge the jurisdiction of the hindu religious and charitable endowments board to initiate proceedings for the framing of a scheme in view of section 108 of act xxii of 1959, which says that no suit or other legal proceeding in respect of the administration or management of a religious institution or any other matter or dispute for determining or deciding which provision ..... it is a specific endowment, a scheme can be framed by the deputy commissioner, hindu religious and charitable endowments under section 64(1) read with the explanation thereto which refers to a specific endowment attached to a temple.10. the learned counsel for the appellant also contends that in any event in o.a. no. 229 of 1944 the board of commissioners for hindu religious endowments, madras acting under the provisions of ..... madras act ii of 1927, as amended in .....

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Jul 10 1979 (HC)

The Honorary Secretary, Sourashtra Sabha Vs. the Presiding Officer of ...

Court : Chennai

Decided on : Jul-10-1979

Reported in : (1979)2MLJ506

..... to be the same individual and the same institution, namely the sabha.7. the learned counsel is perfectly right in his submission. section 6(17) of the tamil nadu hindu religious and charitable endowments act, 1959 defines a religious endowment or endowment as:'religious endowment' or 'endowment' means all property belonging to or given or endowed for the support of maths or temples, or given or endowed for the performance of any charity of a ..... public nature connected therewith or of any other religious charity; and includes the institution concerned and also the premises thereof; but does not include gifts of property made as personal gifts to the archaka, service-holder or other employee of a religious institution. section 6(19) defines a specific endowment as:any property or money endowed for the performance of any specific service or charity in ..... the word is used;(ii) .... 11. considering sections 5 and 2(10), the person in whose hands the urban land can be charged to urban land tax is the owner. the owner in the case of a religious or charitable institution must necessarily be a trustee thereof. but, when the same person is a trustee for different religious or charitable endowments, it cannot be said that he will .....

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Jan 31 1979 (HC)

Vaiyapuri Paradesi Annadhana Chatram and Dharmasthapanam by Fit Person ...

Court : Chennai

Decided on : Jan-31-1979

Reported in : (1979)1MLJ376

..... application of the provisions of the hindu religious and charitable endowments act, the institution should be deemed to be a specific endowment. it is for that reason the learned judge has proceeded to treat the petitioner-institution as a religious institution. here we are not considering the applicability of the provisions of the hindu religious and charitable endowments act to the institution. we are concerned with he ..... religious institution as defined in the said act. but having regard to the fact that a charitable endowment has to be treated as a specific endowment only for the purposes of the application of that act but not for all purposes, i am of the view that the character of the institution can-not be said to have been changed by the issue of the notification under section ..... in support of his stand that though the trust as originally created was only of a charitable nature, it became a religious institution as a result of the notification issued by the government, under section 3 of the tamil nadu act xix of 1961. the question, is how far this contention of the learned counsel could ..... ., while quashing the said order appointing the trustees observed that on the notification of the government, under section 3, the institution has become a religious institution, and that the area committee had no jurisdiction to appoint trustees to such religious institutions and, therefore, the order appointing trustees by the area committee cannot be sustained in law. the said .....

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Aug 21 1979 (HC)

His Holiness Sri-la-sri Ambalavana Pandara Sannathi Avergal, Adheenaka ...

Court : Chennai

Decided on : Aug-21-1979

Reported in : (1980)1MLJ375

..... the facts leading to the filing of this writ petition are as follows: the devasthanam is a religious institution coming within the purview of the tamil nadu hindu religious and charitable endowments act (for short, the act). the act provides for the payment of contribution by devasthanam to the tamil nadu hindu religious and charitable endowments board (for short, the board) at the rate of 7% of the total income of ..... . before considering the question raised by mr. kumar it will be useful to extract the relevant provisions of the act and the rules. section 92 of the act reads as follows:92 : (1) every religious institution shall, from the income derived by it, pay to the commissioner annually such contributions not exceeding seven percentum of its income as may be prescribed in ..... annual income of the religious institution exceeds rs. 2,00,000 at the rate of 7%. under rule 2(2)(g) 'income ..... and the rate at which it shall be levied.(xvii) to (xxvii) omitted.9. as per section 116 of the act rules have been framed under sections 92 and 94 of the act for the assessment, levy and recovery of contribution.10. under rule 2(1) every religious institution shall, from the income derived by it, pay to the commissioner, annually a contribution. if the .....

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Jan 15 1979 (HC)

Rajkishore Baral Vs. Commissioner of Endowment and ors.

Court : Orissa

Decided on : Jan-15-1979

Reported in : AIR1979Ori169; 47(1979)CLT341

..... regard to these two aspects, the necessity of an inquiry cannot be spelt out from the provision of section 27 of the act.the supreme court dealing with the corresponding provision of the andhra pradesh charitable and hindu religious institutions and endowments act of 1966 has laid down that in the matter of appointment of non-hereditary trustees of temples the authority ..... do not perform a quasi-judicial function. strictly speaking, therefore, the appointment is an administrative act. therefore, there could be no warrant for the ..... been in accordance with law.4. section 27 (1) of the act provides for appointment of non-hereditary trustees and the provision runs thus :--'the assistant commissioner shall, in cases where there is no hereditary trustee, appoint non-hereditary trustee in respect of each religious institution other than maths and specific endowments attached thereto and in making such appointments ..... a board of non-hereditary trustees and the order of the commissioner refusing to revise the same on an application under section 9 of the orissa hindu religious endowments act of 1951 (hereinafter referred to as the 'act') in respect of two separate deities. the first writ application is in relation to sri swapneswar dev while the other one .....

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Mar 05 1979 (HC)

M. Dakshinamurthi Gurukkal Vs. the State of Tamil Nadu Represented by ...

Court : Chennai

Decided on : Mar-05-1979

Reported in : (1979)2MLJ406

..... and that the order to remove the petitioner from service in pursuance of that resolution is by the executive officer. section 56 of the tamil nadu hindu religious and charitable endowments act, 1959 lays down that 'all office-holders and servants attached to a religious institution or in receipt of any emoluments or perquisite therefrom shall be controlled by the trustee and the trustee may, after ..... for his absence in the enquiry said to have been held on 11th january, 1972, was not acceptable. the appeal preferred by the petitioner before the deputy commissioner, hindu religious and charitable endowments against the order of the executive officer removing him from service was dismissed on 1st august, 1973. the revision petition filed by the petitioner before the commissioner ..... district as confirmed by the orders of respondents 2 and 3 and for quashing the same as illegal, incompetent and without jurisdiction.2. the petitioner is a hereditary miras archaka in sri subramaniaswami temple, vallimalai in north arcot district for over thirty years. according to the practice and custom in the temple in regard to emoluments and perquisites of ..... the archaka, the petitioner should be paid 50 per cent. of archana fees collected by the temple authorities by issue of archana tickets for the service rendered by him. he .....

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Aug 27 1979 (SC)

H.H. Shri Swamiji of Shri Amar Mutt and ors. Vs. Commissioner, Hindu R ...

Court : Supreme Court of India

Decided on : Aug-27-1979

Reported in : AIR1980SC1; (1979)4SCC642; [1980]1SCR368

..... of mysore, now the state? of karnataka. 3. the madras legislature passed an act. called the madras hindu religious and charitable endowments act, 19 of 1951 ('the madras act of 1951'), to provide for the better administration and governance of hindu religious and charitable institutions and endowments in the state of madras section 76(1) of the act, as it stood originally, provided that in respect of the services rendered by ..... the madras act of 1951 prescribed a fee varying from 3 to 5 per cent of the annual income of the institutions. the figures furnished by the commissioner in the third statement dated august 10, 1967 which was filed in pursuance of the directive issued by the high court show that the total demand made on all the religious institutions for fees ..... services rendered to the appellants.10. on december 20, 1966 an application was filed in the high court on behalf of the appellants asking that the respondents be directed to furnish the necessary particulars regarding, inter alia, (i) the date when the religious endowments fund was constituted ; (ii) the demands made in respect of the major institutions in south kanara; (iii) ..... could not be permitted to assume permanency without a rational basis to support it as years go by, a mere plea of differential treatment is by itself not sufficient 10 attract the application of article 14. the following further observation in that case clearly bears on the point under consideration :-it cannot be said that because a certain, .....

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Apr 03 1979 (HC)

A. Palaniandi Pallai Vs. Commissioner, Hindu Religious and Charitable ...

Court : Chennai

Decided on : Apr-03-1979

Reported in : AIR1980Mad166

..... defendant - commissioner, h. r. and c. e. department and for a declaration that the suit institution is not a temple as defined in the tamil nadu hindu religious and chair table endowments act 1959,(tamil nadu act 22of 1959). at this appellate stage, the appellant had filed c. il p.1796of 1979, praying that ..... samudayam, the charities, etc. thus it is clear that as per ex. a. 17, the samudayam was managing the temple along with the other charitable endowments and there is a specific mention that the temple belongs to the samudayam. ex. a. 18 is also an agreement entered into between the members ..... it observed that the evidence of record "may at the worst indicate that the suit temple might be a denominational temple belonging to a section of the hindu community p. from the documents which we have referred already, it is clear that the claim of the plaintiff that it is a ..... two time poojas daily by a paid archaka, periodical festivals like adi neral, vinayaga chathurthi etc. offering of the general hindu public being freely accepted, and participation of the general hindu public and their worship in the temple, clearly point to the temple as a public religious institution. the orders of the deputy commissioner ..... likewise ex. a. 8 shows the receipt of money. for vrichika chirappu. ex. a. 10 is the receipt for payment of theeruvai for temple land which establishes that the plaintiff, as trustee paid such theeruvai.10. apart from the above said document, we have ex. a. 1, by which the .....

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