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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1983

Aug 31 1983 (HC)

Bonam Krishnamurthy and anr. Vs. Mirza Nallaparaju Venkata Prabhakara ...

Court : Andhra Pradesh

Decided on : Aug-31-1983

Reported in : AIR1984AP374

..... to charitable institutions and hindu religious institutions and the endowments thereof to which this act applies; and section 8 of the andhra pradesh general clauses act, 1981, shall apply upon such cesser as if those enactments had been repealed by an andhra pradesh act: a) the andhra pradesh (andhra area) endowments and escheats regulation, 1817; b) the religious endowments act, 1863; c) the charitable endowments act, 1890; d) the charitable and religious trusts act, 1920 and e) sections 92 ..... of the suit property. it is also stated that the court has no jurisdiction to entertain the suit and also application as sections 92 and 93 c. p. c. are repealed by section 110 of the a. p. charitable and endowments act, 1966. the application for ..... is filed for the relief with a prayer to grant leave under section 92 c. p. c. for petitioners to file the suit. the defendants 1 to 3 denied that it is a public charitable trust created for public purpose. under the terms of the settlement deed dated 10-5-1929 defendants 1 to 3 are entitled for possession and management ..... is that venkata suryanarayana srihariraju, the father of defendants 1 and 2 and the husband of the 3rd defendant settled the land in favour of his mother subhadramma on 10-5-1929 with a view to have a choultry constructed at sidhantham. the husband of the 4th defendant is said to have collected funds and constructed the choultry in .....

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Jul 28 1983 (HC)

D.V. Raghavacharyulu Vs. Deputy Commissioner Endowments Department, Gu ...

Court : Andhra Pradesh

Decided on : Jul-28-1983

Reported in : AIR1984AP39

..... kodandaramayya, j. 1. the question raised in these proceedings is whether the authorities under s. 26 (1) of the andhra pradesh charitable hindu religious institutions and endowments act (17 of 1966) (hereinafter called the act ) have the power to suspend a hereditary trustee pending disposal of charges framed against him and appoint a fit person to discharge his duties. it involves interpretation of s. 26 ( ..... a fit personto discharge the duties and perform the functions of the trustee'. the definitions of 'hereditary trustee' in sec. 2 (15) and 'trustee' in sec. 2 (28) may also be noticed :-'2 (15) 'hereditary trustee' means the trustee of a charitable or religious institution or endowment, the succession to whose office devolves according to the rule of succession laid down by the founder or according ..... pending a criminal proceeding, which may eventually result in a departmental enquiry against him. this general principle is illustrated by the provision in sec. 16 of the general clauses act 10 of 1897 which lays down that where any central act regulation gives power of appointment that includes the power to suspend or dismiss unless a different intention appears. though this provision does not .....

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Aug 11 1983 (HC)

P. Kondaiah Chetty and anr. Vs. Cheruva Venkata Subrahmanyam and ors.

Court : Andhra Pradesh

Decided on : Aug-11-1983

Reported in : AIR1984AP145

..... charitable and hindu religious institutions and endowments act 17 of 1966 (the act ..... sec. 78 of the act ..... charitable institution, ..... charitable institutions. in the treatise, the hindu law of religious and charitable ..... endowment ..... endowments ..... act ..... endowments ..... institution in ongole and is governed by the provisions of the act ..... endowments : air1979ap173 , wherein, the commissioner, the deputy commissioner or assistant commissioner of endowments, under the provisions of the act, are to administer the charitable institutions, therefore, the officials of the endowment ..... act 17 of 1966 are not used in one sense, throughout the act. the act contains provisions which give rise to different consideration. in the instant case, a decision under section ..... act, should be interpreted, having the same meaning. this contention was raised with reference to what is contained in sec. 80 of the act ..... department are 'combatants' and was held, officials also fall within the sweep of the expression, 'aggrieved person'. in our view, sec. 78 of the act ..... trusts by b. k. mukherjea, at paragraph 2.34 (4th edition), it is recited, 'dharmasala' in north india and choultries in south india are regarded as charitable institutions. in vedic period similar institutions were called, 'propatha'. they were referred, 'pratisrayagriha' in the post-vedic period. like institutions .....

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Dec 01 1983 (HC)

N.E. Murugesa Chettiar Vs. T.S. Dawood and anr.

Court : Chennai

Decided on : Dec-01-1983

Reported in : (1984)2MLJ278

..... defendant and such a compromise can be effected only under the orders of the commissioner of the hindu religious and charitable endowments department as per section 43 of the tamil nadu religious and charitable endowments act. section 43 of the abovesaid act reads as follows:no suit, application or appeal pending before a court to which a religious institution is a party shall be withdrawn or compromised by the trustee of the ..... , j., on 21-4-1971. under the circumstances we will have to consider whether the provisions of section 43 of the tamil nadu hindu religious and charitable endowments act are attracted. the said section is enacted to prevent the trustees from bartering away the rights of the religious institutions by means of compromise or withdrawal of claims pending before the courts. a division bench of this court ..... in view of the above dictum laid down by the supreme court the appellants, the defendants in the suit, are entitled to raise this point in the abovesaid second appeals.10. the main contention raised by the learned counsel for the appellant in both the abovesaid two second appeals (defendant) is that the conduct of the respondents 1 and 2 ..... 1-1972 and was put in possession of the premises on the same date. the trustees also permitted the second defendant to effect necessary repairs and he spent rs. 10,000/-for the repair of the premises. the further contention of the second-defendant is that he is a bona fide lessee in possession without any knowledge of the .....

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Oct 15 1983 (HC)

Commissioner of Income-tax, Gujarat-v Vs. Girdharram Hariram Bhagat

Court : Gujarat

Decided on : Oct-15-1983

Reported in : (1984)43CTR(Guj)255; [1985]154ITR10(Guj)

..... been unequivocally and clearly expressed. 33. the question whether the ceremonies of institution and consecration of idols are essential requisites according to hindu sastra for a temple was considered in the context of the definition 'temple' under s. 6(20) of the madras hindu religious endowments act, 1959, in pichai v. commissioner for hindu religious and charitable endowments : air1971mad405 . the division bench of the madras high court observed that ..... an idol or deity or any object or purpose sub-servient to religion and a charitable endowment is one which has as its object the benefit of public or manking (see hindu code by gaur, section 213 and 214). a religious endowment may be either public or private. a public religious endowment necessarily implies that is a dedication of property for the use or benefit of ..... the result of continuous and organised activity with a set purpose of earning profits and, therefore, amounted to business activity and the income arising therefrom was assessable under s. 10. the supreme court ruled that when the question referred to the high court speaks of 'on the facts and in the circumstances of the case', it means of the ..... at his scared feet evidenced in his portrait out of purely personal regard and esteem for his blessed memory and by way of recognition of his saintly and dedicated life. 10. in the aforesaid trust deed of june 7, 1957, it has been, inter alia, stated that according to the custom prevailing in the family of the assessee, the .....

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Aug 01 1983 (HC)

Jairamdas Guru Paltudas Vs. Swami Satyaramdasji Guru Sdhandasji

Court : Mumbai

Decided on : Aug-01-1983

Reported in : (1983)85BOMLR503

..... the act. sub-section (13) of section 2 of the act is as follows:2(13) 'public trust' means an express or constructive trust for either a public religious or charitable purpose or both and includes a temple, a math, a wakf, church synagogue, agiary or other place of public religious worship, dharmadas or any other religious or charitable endowment and a society formed either for a religious o, charitable purpose ..... of management.7(b) while making the appointment of mahant's successor referred to in clause 7(a) above it will be seen that the proposed successor has requisite qualifications to discharge the duties and responsibilities attached to the office of mahant.25. it was contended by the learned advocate for the plaintiff that the appointment of the defendant ..... of spiritual unity. they coincide mainly with the principles, doctrines and main ideas of hinduism. the word used in section 2(9) of the act, 'math' means an institution for the promotion of the hindu religion 'must be interpreted to mean hindu religion in its widest meaning including its ethics and sublime philosophy of upnishad and main emphasis on self-control and non- ..... that 'satyapurush' according to kabir is all pervading and enveloping the whole entire world, can be compared to certain verses given in upnishads in chapter v part iii at no. 10. kindly see 'the upnishads an anthology' by d.s. sarma, which is as under: [the original in sanskrit language and devnagari script not reproduced here -- ecuxorsj.the purusha .....

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Dec 23 1983 (HC)

Radha Govinda Swamy and ors. Vs. State of Orissa and ors.

Court : Orissa

Decided on : Dec-23-1983

Reported in : 57(1984)CLT188; 1984(I)OLR168

..... the third proviso to section 7 was substituted by the following proviso.''provided also that the restriction regarding the total extent of land in the ownership of an intermediary provided under clause (b) shall not apply in relation to-a trust estate belonging to a deity of a religious institution (not being a math within the meaning of orissa hindu religious endowment act, 1951) which vested ..... other case, including a sebait or a hindu religious trust, not exceeding fifteen percent of the income dedicated exclusively to charitable or religious purposes shall not be deemed to be a reservation of a pecuniary benefit to any individual within the meaning of this clause,'and clause (d), insetted after clause (c) in section 7 of the principal act was as follows :(d) in the ..... were held under trusts dedicated exclusively to charitable or religious purposes of public nature. religion comes from the word 'relegere' which means to unite, to bind. it would indeed be a calamity for the state, for our people, if the sobering and unifying influence of religion on people is destroyed by closure of the religious institutions for lack of funds due to non ..... . math and try to strengthen the doctrines of the particular school or order of which they profess to be adherents-vide b. k- mukherjea's hindu law of religious and charitable trusts, chapters ii and vii.10. if the distinctions are borne in mind, much of the criticism of the counsel for the petitioners loses its force. for a deity's performance .....

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Sep 06 1983 (SC)

Sreenivasa General Traders and ors. Vs. State of Andhra Pradesh and or ...

Court : Supreme Court of India

Decided on : Sep-06-1983

Reported in : AIR1983SC1246; 1983(2)SCALE422; (1983)4SCC353; [1983]3SCR843

..... hindu religious endowments, madras v. sri lakshmindra thirtha swamiar of sri sirur mutt : [1954]1scr1005 .these observations are of some relevance as the bihar act is more or less on similar lines as the act with which we are concerned.16. the contention that the provision contained in sub-section (6) of section 7 of the act ..... . the state of orissa and ors; [1961] 1 s.c.r. 537 h. h. shri swamiji of shri admar mutt etc. v. the commissioner, hindu religious and charitable endowments department and ors. : [1980]1scr368 southern pharmaceuticals and chemicals trichur and ors. etc. v. state of kerala and ors. etc. : [1982]1scr519 and ..... sale or purchase of paddy within such notified market area has suffered the levy of market fee. this is of course subject to the qualification that such sale or purchase has taken place in the notified market area, but outside the market in that area, as enjoined by the ..... nine crores with market committees and each of them was required to make huge donations of rs. 50, 000 and above to many educational institutions. besides, the statement of income and expenditure of the board for the year 1975-76 showed that a sum of rs. 1, 28, ..... or improvement within such-area, undertaken by other bodies or individuals; (ix) propaganda for the improvement of agriculture, livestock and products of livestock and thrift; (x) the expenses of, and incidental to, the conduct of elections; (xi) the promotion of grading services; (xii) measures for the preservation of foodgiains; .....

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Sep 01 1983 (HC)

R. Mayaperuaml and anr. Vs. Azhagappan Nadar (Died) and ors.

Court : Chennai

Decided on : Sep-01-1983

Reported in : (1984)2MLJ422

..... the azhakianayagi amman temple situated in s. no. 14020 in neendakara b village, agasteeswaram taluk, kanyakumari district, is a public temple and whether the provisions of the hindu religious and charitable endowments act, 1959 (for short the act) apply to the said temple. since that is the only question that has been argued before me, it is unnecessary to refer to the detailed facts of the ..... regulations concerning religious endowments then in force, there were many private temples in the state of travancore as it then was and that the state recognised such private ownership of religious institutions.the above decision lays down three guidelines to enable the courts to decide whether a particular religious institution comes within the scope of the meaning of the definition of a temple under section 6, clause ..... 20 of the act viz., that it should be a place of public worship, that there should be acceptable proof of dedication for the benefit of the hindu community or a section thereof and incidentally it should also be ..... has not been produced. in the absence of such evidence, we are unable to accept the veracity of exs.b-2 to b-8. similarly, exs.b-9 and b-10 which are merely news items in 'dinamalar' will not be sufficient to establish that the suit temple is a public temple. exs.b-12 dated 13-1-1938 is a .....

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Sep 13 1983 (HC)

Shri Ram Kishan Mission and anr. Vs. Dogar Singh and ors.

Court : Allahabad

Decided on : Sep-13-1983

Reported in : AIR1984All72

..... . mukherjea's hindu law of religious and charitable trust page 106). it must be proved that the donor intended to divest himself of his ownership in the property dedicated. section 5. trusts act lays down the method for creating a trust of immovable property but it is provided by section 1 of the said act that the act does not apply to public or private religious or charitable endowment. therefore, the ..... attestation arises in relation to an endowment created for religious or charitable purposes.9-10. controversy also does not exist on the point that creation of an endowment in favour of a dharmashala for the stay of pilgrims coming to the holy city of hardwar for taking bath or other religious performances is a pious object recognised as such in the hindu law. the dedication is for ..... ram krishan mission on 17th sept., 1968. the gift was accepted by the donee by a resolution dated 9th nov., 1968.3. the suit giving rise to this appeal was instituted under order 1 rule 8 of the code of civil procedure on feb. 23, 1970 by the plaintiffs representing the hindus of the sanatan faith alleging that smt. parmeshwari devi ..... of this property as a dharmashaladuring the period of 1964-69 vide ex. 3 to 8. a register was maintained also during april 4, 1967 to sept. 23, 1970 (ex. 10) wherein entries were made in the ordinary course of the pilgrims staying at the dharmashala. the rent realised from the various shops pertaining to dharmashala was accounted for and p .....

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