Skip to content

Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1981

Nov 03 1981 (HC)

A. Pooornachandrarao Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Nov-03-1981

Reported in : AIR1982AP141

..... ; so were the trust purposes. the aforesaid avadhuta died in the year 1965. on the death of advadhuta the present writ petitioner charitable & hindu religious institutions and endowments act act 17 of 1966) (hereinafter referred to as the 'act') he filed a petition before the deputy commissioner. endowments, kakijada for a declaration to that effect. the petitioner asked for this statutory relief. because a doubt was created about his ..... by the statue in secs. 6, 7, 8, 9, 10, 11, 12, and 13 of the act. the question whether the purpose of trust in the present case falls under the category of a charitable purpose should not therefore be answered by merely looking to the few illustrations mentioned in sec. 2 (5) the act. we have to still ask ourselves whether in common parlance ..... was omitted from the list of 12 trustees mentioned in the last trust deed dated 28-10-1963. the deputy commissioner by his order dated 31-3-75 rejected the claim of the present writ petitioner to be the hereditary trustee. sec. 77 of the above act gives such powers of decision to the deputy commissioner. the above statute provides a remedy against ..... of ordinary prudence would deal with such affairs, funds and properties if they were his own.''1982 andh. pra/10 iv g-16 clearly supports this view. the purposes of the trust in this case being to advance spiritual well-being of a section of the people by providing them with opportunities to practise sadhanas of bhakthi, gnana and yoga, the authorities .....

Tag this Judgment!

Aug 14 1981 (HC)

A.B. Nageswara Rao Vs. the Deputy Commissioner, Endowments Department, ...

Court : Andhra Pradesh

Decided on : Aug-14-1981

Reported in : AIR1982AP110

..... functions of the assistant commissioner under the act or the rules made thereunder in respect of any charitable institution or endowment as specified in sub-sec. (5)of s. 3 'deputy commissioner',, 'joint commissioner' and commissioner' were similarly defined. the expressions 'charitable endowment',, 'charitable institution', 'religious endowment',, 'religious institution',, 'math',, 'temple',, 'trustee' and 'hereditary trustee' are all defined. s.2 (17) defines 'math' as meaning a hindu religious institution presided over by a person, whose principal ..... the government to direct the commissioner and every joint, deputy or assistant commissioner and appointed under sub-sec. (1) to exercise the powers and perform the functions conferred on or entrusted to them by or under the act, in respect of charitable institutions or endowments. s. 4 prescribes the qualifications for appointment as commissioner, joint commissioner, deputy commissioner and assistant commissioner. s. 5 empowers the commissioner ..... . p. no. 3473 of 1977. it was urged on behalf of the appellant that the jurisdiction of the deputy commissioner was defined by section 10 read with s. 6 (b) (ii) of the act and confined to the religious institutions and endowment other than maths whose annual income exceeded rs. 20,000 but did not exceed rupees one lakh, that maths were expressly placed outside the .....

Tag this Judgment!

Jul 08 1981 (HC)

Govind Bhatt Vs. Peddi Gangaram and anr.

Court : Andhra Pradesh

Decided on : Jul-08-1981

Reported in : AIR1982AP22

..... dismissed the appeal agreeing with the sub-collector that, in the absence of rules being made, as contemplated by section 71, the sub-collector was right in rejecting the petitioner's application. hence this revision petition.8. section 71 of the andhra pradesh charitable and hindu religious institutions & endowments act provides for resumption of inam lands. it says that the revenue divisional officer, may suo motu or on ..... application of the trustee or of any persons having interest in the institution or endowment, authorised by the commissioner, by order, resume the whole or any ..... to be affected by such order; and consider the objections, if any, after holding such inquiry as may be prescribed.'10. sub-section (3) says that every order passed under sub-sec. (1) shall be communicated to each of the persons mentioned in sub-section (2) and also be published in the manner prescribed.11. now the objection of the respondents is that no .....

Tag this Judgment!

Jan 22 1981 (HC)

R.V.E. Venkatachala Gounder Vs. the Deputy Commissioner, Hindu Religio ...

Court : Chennai

Decided on : Jan-22-1981

Reported in : (1983)2MLJ434

..... . the deputy commissioner surcharged both these persons with a joint and several liability for rs. 63,764. the petitioner thereupon moved the sub-court under section 90(4) of the hindu religious and charitable endowments act, 1959 for relief against the order of surcharge. but the sub-court dismissed the petition and sustained the order of surcharge against the petitioner.2. ..... learned counsel said that liability for surcharge under the statute does not include vicarious liability. this contention bears examination on a construction of section 90(2) of the tamil nadu hindu religious and charitable endowments act, 1959. the section reads as under:if on a consideration of the audit report and the report of the trustee and after such inquiry as may be ..... , illegal or improper expenditure, or of loss or waste of money or other property thereof caused by failure to recover moneys due or other property belonging to the religious institution or by neglect or misconduct or misappropriation or collusion or fraudulent transactions or breach of trust, the commissioner, deputy commissioner or assistant commissioner, as the case may be ..... a pretended committee. and because its existence is pseudo, the surcharge proceedings against this body were wholly misdirected, when the rules were invoked and followed for the purpose.10. it remains to examine the last contention of mr. venkatarama iyer, which raises the point of vicarious liability. as i earlier mentioned, the petitioner was rendered liable .....

Tag this Judgment!

Dec 28 1981 (HC)

State of Andhra Pradesh and anr. Vs. Bandalam Srinivasulu and ors.

Court : Andhra Pradesh

Decided on : Dec-28-1981

Reported in : AIR1982AP291

..... (1961) 1 andha wr 250) is adverted to wherein it is held that certain properties belong to the temple under s. 87 of the hindu religious and charitable endowments act, as it does not come with in the zone of the bar enacted in the first limb of s. 93 of the said ..... act. his court also observed that the suit should not be normally disposed of on preliminary issues and in view of the specific circulars issued ..... settlement of the other issues until after that issue has been determined, and may deal with the suit in accordance with the decision that issue'. section 11 of the act reads as under.'bar of jurisdiction of civil court:-- no civil court shall have jurisdiction in respect of any matter which the government are, or the ..... the respondents-plaintiffs on the ground that the petitioners have not filed written statements in the suit and orders passed under s. 6 (1) of the act are actuated by mala fides and vitiated by various illegalities and arbitrariness and violation of fundamental principles of procedure and as this a mixed question of fact and ..... the expression ' finality of the decision of the government' particularly when there is no adequate remedy provided under the act. there is no express bar to the jurisdiction of the civil court in this case.10. the principles that emerge from the decisions cited boat are that in the event or civil court, the preliminary .....

Tag this Judgment!

Jan 30 1981 (HC)

V.R. Santhanam Iyer Vs. V.S. Sundra Hammal

Court : Chennai

Decided on : Jan-30-1981

Reported in : AIR1981Mad244

..... this decision in kakinada annadana samajani v. commr. of hindu religious and charitable endowments, hyderabad, : [1971]2scr878 . the question in that case was whether a statute enabling appointment of a board of trustees by the government or its officers in the case of a charitable institution managed by a hereditary trustee offends article 19 or 31 of ..... possession of the temple and its properties. it was not in dispute that the temple is a public temple coming within the jurisdiction of the hindu religious and charitable endowments department. the ancestors of the plaintiff and the defendant's husband originally founded the temple. the office of trusteeship was last held by one v ..... the following lineage:- 'this (dharmakartha) is in truth the legal equivalent lo trustee. the position of dharmakartha is not that of a shebait of a religious institution. or the head of a mutt. these functionaries have a ' much higher right with larger powers of disposal and administral ion, and they have a ..... . dababrata mullick, : [1951]2scr1125 . that was a case of a shebaiti right and it was held that the succession would be averred by hindu law (hindu women's right to property act. 1937, as amended in 1938). the supreme court applied the same principle in chockalinea sethuravar v. arumanavakam. : [1969]1scr874 . in the case ..... and not a brother would be his heir clearly support the view taken by court below. there is no proof of 10. the appeal is accordingly dismissed. no costs. 11. appeal dismissed. .....

Tag this Judgment!

Feb 13 1981 (SC)

Sri Radhakanta Deb and anr. Vs. Commissioner of Hindu Religious Endowm ...

Court : Supreme Court of India

Decided on : Feb-13-1981

Reported in : AIR1981SC798; 51(1981)CLT495(SC); 1981(1)SCALE304; (1981)2SCC226; [1981]2SCR826; 1981(13)LC671(SC)

..... july 31, 1969 of the orissa high court and arises in the following circumstances.the appellants-plaintiffs had instituted a suit under s. 62(2) of the orissa religious endowment act, 1939 (act no. 4 of 1939) (hereinafter referred to as the 'act') (this act applies only to public endowments) to set aside the order dated 4-8-1950 of the respondent defendant by which the temple of ..... have installed the deity. in other words, the beneficiaries in a public trust are the general public or a section of the same and not a determinate body of individuals a s a result of which the remedies for enforcement of charitable trust are somewhat different from those which can be availed of by beneficiaries in a private trust. the members of ..... commissioner state of bombay all the aforesaid cases were summarised and the principles indicated above were gurpur guni venkataraya narashima prabhu &ors. v. b.g. achia, assistant commissioner, hindu endowment, mangalore &anr. krishna iyer, j., reiterated these very principles in the following words:"the law is now well settled that 'the mere fact of the public having been freely admitted ..... and festivals and by preserving and looking after all the debuttor properties, realise the income and yield there from according to convenience... .. ..10. if we or any body amongst us misappropriate any money or property by taking secretly from the tenants or borrowers, we and our successors will be liable for punishment according .....

Tag this Judgment!

Apr 27 1981 (HC)

Commissioner of Wealth-tax Vs. Sardar Surjit Singh

Court : Kolkata

Decided on : Apr-27-1981

Reported in : [1982]138ITR186(Cal)

..... , section 5 of the indian trusts act did not apply to it. in our opinion, the tribunal was right on this aspect. no writing, therefore, was necessary to create such an endowment. the tribunal referred to mulla's hindu law, para. 407, at p. 438, of the said edition, where the learned editor has stated that a hindu who wished to establish a religious or charitable institution, might ..... made to the observation of the judicial committee in the case of sunder singh mallah sanatan dharam high school trust v. managing committee, sunder singh mallah singh rajput high school .10. in the above background of the principles and the facts found by the tribunal, in our opinion, the tribunal was right in holding that, there could be no doubt that ..... any loss unless the same shall happen through their or his own wilful default respectively. 20. it is hereby expressly declared that this trust shall operate for a period of 10 (ten) full calendar years, with effect from the date of the tender and offer and delivery of possession by the truster of the instrument or instruments of transfer of the ..... recall shall hereto be exercised by the truster before the expiry of the last mentioned year of the said period of 10 years by serving full clear 6 months notice expiring with the last day of the said period of 10 years on the trustees as then may be functioning as such and unless it is so done, this trust shall continue .....

Tag this Judgment!

Jul 28 1981 (HC)

Sri Thirupuranthakaswamy Devasthanam Represented by Its Executive Offi ...

Court : Chennai

Decided on : Jul-28-1981

Reported in : (1988)1MLJ26

..... mr. raghavan, would refer extensively to several passages in the law of hindu religious and charitable endowments by v.k. varadachari (iii edition), beginning from pages 91 to 146. at page 96, it is stated:a hindu, who wishes to establish a religious or charitable institution, may according to his law, express his purpose and endow it. a trust is not required for that purpose. all that is ..... ought to have sought for reliefs under section 63 of the act. the main point taken is that the suit properties have been endowed only for performance of certain kattalais in the temple and nothing more. section 6(17) of the act defines the 'religious endowment' or 'endowment' and section 3(19) defines the 'specific endowment'. therefore, when the nature of the endowment is the primary point to be decided ..... it does not provide for determining and deciding., disputes relating to rendition of accounts. it was further held that section 93 of the said act was not a bar to the maintainability of such a suit.10. mr. m.r. narayanaswamy, learned counsel for defendant, would, submit that, this decision was of no relevance in deciding the point raised in sri ..... the suit is barred under section 108 of t.n. act 22 of 1959. plaintiff ought to have resorted to section 63 of the act, and therefore, the civil court has no jurisdiction to go into these question, and hence, the suit is liable to be dismissed.4. second defendant confined his objection only about item no. 10 of a schedule by stating that .....

Tag this Judgment!

Jan 15 1981 (HC)

Controller of Estate Duty, Vidarbha and Marathawada Vs. Smt. Mangala

Court : Mumbai

Decided on : Jan-15-1981

Reported in : [1983]143ITR491(Bom); 1982MhLJ686

..... religious or charitable endowments, only trusts made in favour of deities and the properties dedicated to dilates were contemplated by s. 1. that, however, does not appear to be the correct position. endowment is a word of wide import and according to the chamber's twentieth century dictionary, the word 'endowment' means 'that which is settled on any person or institution ..... revoke the public trust. in this context, shri joshi had relied on the provisions of ss. 77 and 78 of the indian trusts act. section 77 provides for how the trust is extinguished and one of the cases in which a trust is stated to be extinguished is where the ..... dudhadhari math in raipur, mp. the controversy was whether by the award embodying the partition that took place between the members of a joint hindu family an absolute dedication of the village was made in favour of the temple or whether the village was given in full proprietorship to ..... dissolve the trust. this power is conditional by two conditions : firstly, there is absolute prohibition against revocation of the trust for a period of 10 years from october 7, 1951. the second restriction on the power of revocation is that the power of revocation can exercised only if 'this ..... trust funds have been invested in various firms in which the deceased was the partner. he had also taken the view that under cl. 10 of the trust deed, the children of the settlors as well as descendants were also entitled to receive educational scholarships or medical held and marriage .....

Tag this Judgment!

Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //