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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1982

Jan 22 1982 (HC)

Jeevakaruna Annadana Samajam, Chittoor Vs. Assistant Commissioner, End ...

Court : Andhra Pradesh

Decided on : Jan-22-1982

Reported in : AIR1982AP214

..... managed over all these sixty long years, has new been forced to come to this court seeking redresal of grievances. acting under s.15 cl. (3) of the a. p. charitable an hindu religious institutions and endowments act, 1986 thereinafter called as 'the endowments act), the assistant commissioner of endowments department, chittoor, appointed five outsiders as trustees of the society, clearly they are so appointed to manage the properties hitherto ..... find an instance of such statutory power in our country. in my opinion the language of s.15 of the endowments act also should be read similarly. that section says that the authorities shall constitute a board of trustees in the case of an endowment for charitable institution with non-hereditary trustee. notwithstanding that mandatory nature of the languages in s.15 cl.(3) of the ..... be effective only if it is held to include within it the right to continue the association with its composition as voluntarily agreed upon by the persons forming the association'.10. the emphasis of the judgment throughout has been on the offending portions of the impugned statute altering the composition of the existing association by adding to it, and subtracting from .....

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Apr 19 1982 (HC)

The Commissioner, Hindu Religious and Charitable Endowments (Admn.) De ...

Court : Chennai

Decided on : Apr-19-1982

Reported in : AIR1982Mad417

..... out that in para 4 of the written statement, it is specifically contended that the court, in which the suit has been instituted, has no jurisdiction to entertain the same in view of the express provisions of the hindu religious and charitable endowments act and the ordinary provisions relating to jurisdiction provided for in the civil procedure code will not be applicable to suit under s. 70 of ..... courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred.' section 6 of civil p. c. reads as follows -'pecuniary jurisdiction.- save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any court jurisdiction over ..... note that the suit had been filed for declaring that the orders of the defendant - the commissioner. hindu religious and charitable endowments, (administration). madras-34. in a. p. no, 200/76, dated 18-3-1976 setting aside the orders of the deputy commissioner, hindu religious and charitable endowments, madras dated 10-5-1971 in 0.a. no. 25/70 are null and void and without jurisdiction and have violated .....

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Apr 28 1982 (HC)

His Holiness Sri-la-sri Ambalavana Pandara Sannathi Avergal Vs. State ...

Court : Chennai

Decided on : Apr-28-1982

Reported in : (1982)2MLJ221

..... this controversy, it is necessary to note the definition of the 'math' as defined in section 6(13) of the hindu religious and charitable endowment act, xxii of 1959, hereinafter referred to as the 'act' for the sake of brevity. section 6, sub-section (13) reads as follows:6(13). 'math' means a hindu religious institution with properties attached thereto and presided over by a person, the succession to whose office devolves ..... agitation and litigation and therefore, they had to intervene.15. it was strenuously argued on behalf of the appellant that the commissioner has predetermined the matter in issue regarding the qualification of the junior and that the respondents had jumped to the conclusion with a bias and without any material or enquiry whatsoever. be that as it may, it is clear ..... , it is clear that the choice of a successor is a religious function of the head of the mutt and it can never be construed as a purely administrative function. so far as ..... down by the founder himself who created the endowment. thus, the mahant-ship descends from guru to chela, i.e., the existing mahant alone appoints his successor, and the general rule is that the mahants having a common origin acknowledge one of the members as a head, who is for some reason pre-eminent.10. from these decided cases on this subject .....

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Jul 09 1982 (HC)

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

Court : Chennai

Decided on : Jul-09-1982

Reported in : (1983)2MLJ274

..... suit under section 70 of the tamil nadu hindu religious and charitable endowments act, xxii of 1959, hereinafter referred to as the act, for setting aside the order of the second defendant dated 31st december, 1974, and for a declaration that the plaintiff trust and the properties belonging to it do not constitute a religious institution as defined in the act and for ..... madras-34, in o.a. no. 41 of 1968 (madurai) for a declaration) that the plaintiff trust and its temple, navaneetha krishnan mandir would not constitute a religious institution as defined in the act. the said deputy commissioner, by order ..... a consequential injunction restraining the defendants, their agents and subordinates from enforcing the provisions of the act in pursuance of the order of the second defendant, referred to above. the plaintiffs initially resorted to the process under section 63 (a) of the act before the deputy commissioner for hindu religious and charitable endowments, ..... that the plaintiff trust cannot come within the definition of 'temple' found in section 6(20) of the act.6. the evidence placed on behalf of the defendants is of cursory nature. they were content to examine an inspector of the hindu religious and charitable endowments department, as d.w. 1. it is true, in chief examination d.w .....

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Mar 02 1982 (HC)

Amjadulla Siddiqui and anr. Vs. Mirza NizamuddIn Baig and ors.

Court : Andhra Pradesh

Decided on : Mar-02-1982

Reported in : AIR1982AP342

..... the cost of the party instituting suit or proceeding. section 69 provides for repeal of certain enactments and also contains a savings clause. sub-sec. (1) repeals as many as five acts, namely (1) the bengal charitable endowments, public buildings and escheats regulation, 1810, (2) the religious endowments act, 1863, (3) the charitable endowments act, 18890, (4). the charitable and religious trusts act, 1920 and (5) the mussalman wakf act, 1923. sub-sec. (2) is the savings ..... the learned judge. state of madras v. sri mahalingaswamy devasthanam, ilr (1957) mad 752 was a case arising under the madras hindu religious and charitable endowments act, 1951. in respect of the endowment concerned therein, a scheme was framed earlier to the coming into force of that act and it was in operation. the question that arose was whether after the coming into force of the ..... maternal nephew. he shall have the right to nominate any of his children. if for some reason no nomination then person under shariath near relation to be the successor.' 10. the above recitals make it clear that the nomination of mohiuddin ali khan is not by abdul gafoor, who had admittedly come into office of muttavalliship on the death of ..... the 1st respondent and the wakf board was the 2nd respondent. while this petition was pending, mir shah zahoor came forward with i. a. 4431/80 under o. i. r. 10(2), c. p. c. to impleaded him as 5th petitioner in i. a. 3517/80. another i. a. 4432/80 was filed by mir shah zahoor to appoint him .....

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Jun 21 1982 (HC)

M. Sivarama Naicher and Etc. Vs. Government of Andhra Pradesh and anr.

Court : Andhra Pradesh

Decided on : Jun-21-1982

Reported in : AIR1983AP7

..... as the trustee and after him, his wife functioned as trustee, during the petitioner's minority. after the petitioner attained majority he was recognised as a trustee under section 20 of the endowments act 17 of 1966.3. the other trustees in the office were those belonging to the families of lakkaraju, durisetti and pyda. it is complained before me that during ..... .o. ms. 1606 revenue (endowments v-1) department dated 24-10-1981 appointing these persons to the board of trustees as non-hereditary trustees and sri pyda chalamaiah under ..... 1978 under section 77 (c) of the act before the deputy commissioner endowments, kakinada seeking a declaration from the deputy commissioner that the members of lakkaraju, durisetti and pyda families were not and could not be hereditary trustees of m.s. n charities. that dispute is still pending.4. now the government exercising its powers under section 15 (1) of the endowments act passed g ..... the tenure of sri k. vasudeva rao as commissioner of endowments members of these families were recognised as hereditary trustees for reasons not lawful. one voleti sambamurthy appears to have .....

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Mar 16 1982 (HC)

Tamil Nadu Wakf Board Vs. S. Syed Inam Saheb and anr.

Court : Chennai

Decided on : Mar-16-1982

Reported in : AIR1983Mad297

..... of trustees of the said dargah contended that the suit land is not being used as a burial ground. the suit property is not a wakf. it is a charitable endowment granted by a hindu king by name sevappa naicker for the purpose of fakirs resorting to the dargah and therefore, it will not come under the definition of the 'wakf'. the administration ..... the done as valid. the present endowment was publicly made by the zamindar and publicly recognised by government in the inam proceedings and i should ..... the validity of the lease, has to be considered.10. a wakf property has been defined in sec. 3 (1) of the wakf act 1954, as follows-"1. "wakf" means the permanent dedication by a person professing islam, of any movable or immovable property for any purposes recognised by the muslim law as pious, religious or charitable and includes -- (i) a wakf by user; ( ..... recognised by the government. the question arose, whether the said endowment was valid. wallage j. has expressed his view in the following words:-"it is not uncommon for person of zamindars, mittadars, etc., in whose estates that are mohammedan as well as hindu inhabitants, to make endowments of property for mahomedan institutions and such endowments, so far as i know, have always been accepted by .....

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Sep 22 1982 (HC)

Mahadev Acharya Vs. Ch. Gagan Ch. Das and ors.

Court : Orissa

Decided on : Sep-22-1982

Reported in : AIR1983Ori197; 54(1982)CLT447

..... . 1. this is an appeal under section 44 of the orissa hindu religious endowments act. 1951 (hereinafter referred to as the 'act'), challenging the modification of the scheme in respect of the institution of shri nilamadhab jew by the deputy commissioner, confirmed in appeal by the commissioner of endowments.2. the institution of shri nila madhab jew is a public religious endowment. a scheme had been framed in respect ..... to serve social ends, has got to provide for their regulation and control, in order that the object of the donor might be achieved. this is how religious and charitable trust came into existence in almost all systems of civilized law .........' this is how justice b. k. mukherjea prefaced his tagore law lectures while publishing them as ..... 'hindu law of religious and charitable trusts.' a 'shebait' etymologically means a person who renders service to the deity for his spiritual benefit. he does not seek any quid pro quo. he expects no ..... allowed maintenance under section 28 (6) and section 35 (4) of the act no illegality was committed by the deputy commissioner in making provisions for funds in the scheme for the personal expenses of the hereditary trustee.5. 'so long as feelings of piety and benevolence have an abiding place in human heart, they must find expression in religious and charitable gifts: and .....

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Dec 03 1982 (HC)

Bhaskar Shripal Deobhajta Vs. Shankar Ganesh Modak and anr.

Court : Mumbai

Decided on : Dec-03-1982

Reported in : AIR1983Bom104; 1983(1)BomCR196

..... of public religious worship and dedicated to or for the benefit of or used as of right by the hindu community ..... temple, a math, a wakf, church synagogue, apiary or other place of public religious worship a dharmada or any other religious or charitable endowment and a society formed either for a religious or charitable purpose or for both and registered under the societies registration act, 1860'.under section 2 (17) of the act:' 'temple' means a place by whatever designation known and used as a place ..... 1954 nag 212:'the status of an idol or a `math'' as a juristic entity has been sanctified by hindu religious usage and has received judicial recognition. the question of religious institutions also depends upon the status that has been given to them by religious usage, and if the conditions which have transformed on idol or a `math' into a juridical personality are ..... circumstances belie the case of the appellant and completely militate against the contention that the properties constitute a private trust.10. on the question whether a samadhi can evolve into a temple or can be a matter of public religious worship so as to become a public trust, suffice it to note that there have been in this country several .....

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Jun 29 1982 (HC)

Papanna and Etc. Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Jun-29-1982

Reported in : AIR1983Kant94; 1983(1)KarLJ332

..... union and the states have legislative competence and set out in list no.iii of the 7th sch. to the constitution entry no.28 is as follows : 'charities and charitable institutions, charitable and religious endowments and religious institutions.'it is difficult in the face of these provisions to accede to the contention that our constitution has adopted the american view that the state should have nothing to ..... the provisions of the act enabling acquisition for a public purpose i find no reason to invalidate the same.10. the second limb or argument is that the public revenue cannot be utilised for the purpose of acquisition of property for construction of a temple. sustenance is derived from the observation of justice b.k. mukherjee in the commr. hindu religious endowments, madras v sri ..... view that temples, mosques and churches were founded by kings and by men of piety with the object of enabling the public or sections thereof to carry on worship and properties were endowed for the upkeep and maintenance of those institutions so that the services might be carried on in perpetuity. this is the origin of public temples in this country as distinguished ..... shall be credited to public accounts of the union or the state as the case may be. in the absence of a provision similar to proviso to section 6 of the old act in new act, there is no obligation either to pay whole or part of the compensation from the consolidated fund. as the income of the state is credited to different .....

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