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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1987

Aug 03 1987 (SC)

Mahant Bal Dass Vs. State of Himachal Pradesh and anr.

Court : Supreme Court of India

Decided on : Aug-03-1987

Reported in : 1987Supp(1)SCC701

..... high court challenging the constitutional validity of the himachal pradesh hindu public religious institutions and charitable endowments act, 1984 insofar as it purports to include at serial no. 10 of schedule i of the act, the religious denomination or asthal known as mandir damtal at damtal, district kangra as being one of the hindu public religious institutions and charitable endowments specified therein governed by the act on the ground that the said temple is not ..... contends that the appellant was entitled to challenge the constitutional validity of the act as also the inclusion of the said temple as being one of the hindu public religious institutions and charitable endowments governed by the act on the basis that it was not a charitable endowment within the meaning of section 2(7) of the act. he drew our attention to an earlier decision rendered by district judge, hoshiarpur ..... and kangra districts dated january 31, 1940 on an application under section 4 of the charitable and religious trusts act, 1920 holding that the thakardwara .....

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Jul 13 1987 (HC)

The Assistant Commissioner, the Hindu Religious and Charitable Endowme ...

Court : Chennai

Decided on : Jul-13-1987

Reported in : (1988)2MLJ344

..... , the members of the brahmin community of the village are contributing liberally. the plaintiffs learnt that the first defendant has been appointed as the fit person under the hindu religious and charitable endowments act of 1959 in respect of sri venkateswara perumal temple and sri viswanathaswamy and rudrapa-theeswarar temples of naranammalpuram after the removal of the trustees. the above said suit temples ..... are canvassed before me and which arise for consideration in this appeal are:1. whether sri karpaga vinayagar temple of naranammalpuram is a denominational institution?2. whether the suit is bad for want of notice under section 80, c.p.c. to the second defendant?8. the case of the plaintiffs who have filed this action on behalf of themselves ..... the second plaintiff is the only witness. he is just 31 years old and he cannot have any personal knowledge about the origin of the temple or about its administration 10 or 15 years ago. no elderly member of the brahmin community has been examined. no accounts are produced to show that the brahmin community has been administering the temple ..... charitable endowments, who was subsequently impleaded at the instance of the first defendant has filed a separate written statement. he contended that sri karpaga vinayagar temple is only a sub-temple of sri viswanathaswamy and a rudrapatheeswarar and venkatesa perumal temples. there is only one archaka and single madappalli. the archakar is paid jointly on behalf of these temples. the trustees .....

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Apr 08 1987 (HC)

Ratnakar B. Kailaje Vs. Ramrao Narasingrao Divigi

Court : Karnataka

Decided on : Apr-08-1987

Reported in : ILR1987KAR1486

..... to manage the math's affairs in the matter of religion and constitutional validity of certain provisions of madras hindu religious and charitable endowments act (19 of 1951). the madras high court had held that the matadhipathi had certain well defined rights in the institution and its endowments, which could be regarded as rights to property within the meaning of article 19(1)(f) of ..... propagation of dharma and spiritual instructions to be imparted to the laity of the math, and (b) all religious affairs including secular administration and performance of poojas etc., at temples belonging to the math:5. qualification of the matadhipathi:-1. the religious head of the community shall be a celibate sanyasi initiated by the guru swamiji - peetha holder of the math ..... privileges of matadhipathi.the scheme provides for four functionaries, viz., matadhipathi, mahasabha, standing committee and board of trustees. the scheme mentions the objects and functions of these functionaries and qualifications to hold these offices. as per clauses 8, 9, 13 and 19 of the scheme, property of the math vests with the board of trustees and policy decisions in ..... was caused in consequence of a breach of trust, or misapplication or any other misconduct on the part of the trustees, or any other person - vide sub-section (2) of section 34 of the act.10. where the trust property consists of money and cannot be applied immediately, the trustee shall be bound to invest the money in public securities - the trustee .....

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Feb 18 1987 (HC)

The Commissioner for Hindu Religious and Charitable Endowments Vs. G. ...

Court : Chennai

Decided on : Feb-18-1987

Reported in : (1987)2MLJ403

..... is not a temple as defined in section 6(20) of the madras hindu religious and charitable endowments act (xxii of 1959). 'temple' is defined in section 6(20) of the madras hindu religious and charitable endowments act as a place of public religious worship and dedicated to or for the benefit of or used as of right by the hindu community. consequently, the suit institution cannot be said to be a> public ..... is entitled to the injunction prayed for. in the result, the lower court decreed the suit as prayed for with costs.10. aggrieved by the above decision of the lower court, the sixth defendant - the commissioner for hindu religious and charitable endowments, madras, has come forward with this appeal, inter alia, contending that the lower court is wrong in not giving a ..... 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; explanation (1) - any inam granted to an archaka, service-holder or other employee of a religious institution for the performance of any service or ..... r. and c.e.board. there was an idol of ganesa in front of the samadhi of guiuswami. he pleaded ignorance as to whether there was a platform of 20 'x 20' on which the idol of lord ganesa was installed. p.w. 1 admitted that there were two or three serpent statues (naga silaikal) installed, adjacent to the .....

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Sep 14 1987 (HC)

Sri Ananteshwara and Chandra-mouldeshwara Temple Vs. the Dy. Commissio ...

Court : Karnataka

Decided on : Sep-14-1987

Reported in : AIR1989Kant57

..... , will not such a right come under the power of general superintendence and control vested in the commissioner under s. 20 of the act:14. the act was enacted for the better administration and governance of hindu religious and charitable institution s and endowments. this object has not been, so far held to be violative of any of the fundamental rights. in fact, a regulatory provision of ..... power upon the concerned authorities to appoint a fit person to discharge temporarily the functions of a trustee during the period of suspension of the trustee. section 45 empowers suspension, removal or ..... available to hindus in general, since, hindu religion itself is a religious denomination of a large magnitude. therefore, provisions of ss. 39, 41, 42 and 44 which were struck down in mukundaraya shenoy's case are unenforceable against any hindu temple. sections 39, 41, 42 of the act provide for appointment of trustees by the authorities under the act. '10. section 45(3) was specifically upheld, which conferred .....

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Jan 30 1987 (HC)

The Assistant Commissioner, Hindu Religiousand Charitable Endowment, S ...

Court : Chennai

Decided on : Jan-30-1987

Reported in : AIR1987Mad187; (1988)IMLJ3

..... that the suit was instituted by the plaintiff in his individual capacity and not in a representative capacity. that case arose out of a suit filed under s. 70 of the tamil nadu hindu religious and charitable endowments act for setting aside an order passed by the deputy commissioner, hindu religious and charitable endowments department, tirtmelveli ii and confirmed by the, commissioner, hindu religious and charitable endowments, madras declaring that ..... that such temples are denominational temples.24. it is needless to point out that the tamil nadu hindu religious and charitable endowments act, 1959, or any of its predecessors did not use or define the term 'denominational temple' as such. section 6(20) of the act of 1959 defines a 'temple' as a place by whatever designation known used as a place of ..... inviting application for appointment of nonhereditary trustees for the temple, the first plaintiff filed a revision petition before the commissioner and the same was allowed by order dt. 10-5-1975 on the ground that the temple is a denominational temple. the first defendant ordered to instal a hundial in the year 1978 without giving notice to ..... year 182627. that shows that the head of the kashi mutt settled the disputes among the archakas, and that they agree to do the puja tinder his orders. the uncontradicted evidence of p.w. 1 also shows that during certain religious ceremonies, persons other than gowda saraswath brahmins have been wholly excluded. this evidence leads irresistibly to .....

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Jan 30 1987 (HC)

The Assistant Commissioner, Hindu Religious and Charitable Endowment a ...

Court : Chennai

Decided on : Jan-30-1987

Reported in : (1988)1MLJ8

..... the ground that the suit was instituted by the plaintiff in his individual capacity and not in a representative capacity. that case arose out of a suit filed under section 70 of the tamil nadu hindu religious and charitable endowments act for setting aside an order passed by the deputy commissioner, hindu religious and charitable endowments department, tirunelveli ii and confirmed by the commissioner, hindu religious and charitable endowments, madras declaring that chembake koothan kandan ..... that community. the trial court also upheld the plea of the bar of suit by virtue of the provisions of section 108 of the hindu religious and charitable endowments act. based on those findings, the trial court dismissed the suit.5. plaintiffs 1 and 3 to 10 preferred an appeal to the district judge, salem. when the appeal was pending, the plaintiffs filed i.a. no. 277 ..... of the year 1826-27. that shows that the head of the kashi mutt settled the disputes among the archakas, and that they agreed to do the puja under his orders. the uncontradicted evidence of p.w. 1 also shows that during certain religious ceremonies, persons other than gowda saraswath brahmins have been wholly excluded. this evidence leads irresistibly to the conclusion .....

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Mar 27 1987 (HC)

The State of Madras Rep. by the Collector of Dharmapuri and anr. Vs. M ...

Court : Chennai

Decided on : Mar-27-1987

Reported in : (1988)1MLJ128

..... of 1962, on the file of the district munsif at krishnagiri, for a declaration that the suit properties do not constitute a public charitable endowment within the meaning of sections 3 and 6, clause (5) of the madras hindu religious and charitable endowments act, act 22 of 1959 and for a consequential injunction restraining the second appellant from making an enquiry in respect of the suit properties and for ..... of respondents 1 and 2, but it is a public charitable endowment. the trial court also found that the grant was only of the maintenance of the choultry and not a personal grant to arunachala iyer or samayyar. the trial court also found that in view of the alleged mismanagement of the institution, appellants 1 and 2 are entitled to enquire into the ..... a hindu charitable endowment. exs. b1 to b3 are true extracts from the inam fair register in respect of the dharmadhayam grants made in support of the choultry. the grants are classified dharmadhayam and tax free indicating that the grants are of both the warams. in column 10 of the inam fair register it is mentioned as 'so long as the choultry is repaired ..... ' and in column 21, it is stated 'to be confirmed tax free for the support of choultry mistakenly mentioned as tank'. identical entries are found in all the three fair inam registers. the entries clearly indicated that the dharmadhayam grant is to the institution .....

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Sep 21 1987 (HC)

Ferro Concrete Construction (India) (P) Ltd. Vs. Rajasthan State Elect ...

Court : Rajasthan

Decided on : Sep-21-1987

Reported in : 1988(2)WLN419

..... the court as earnest money. it was held by his lordship thakkar, j. that the authorities exercising the powers under the addhra pradesh charitable and hindu religious institutions and endowments act (17 of 1966) must not only be most alert and vigilant in such matters but also show awareness of the ways of the present ..... is given not with a view to earn revenue but for the purpose of carrying out a welfare scheme for the benefit of a section of the people deserving it or that the person who has offered a higher consideration is not otherwise fit to be given a contract of ..... (see: observations of bhagwati, j., in ramana dayaram shetty v. international airport authority of india and ors. : (1979)iillj217sc of the reported judgment)10. the government, its instrumentalities and public bodies select the recipients for their largesse by different well-known methods. in some cases, the matter is governed or ..... the petitioner-company sent its construction programme along with statement of machineries/equipments proposed to be deployed on the job on june 7 and june 10, 1987 by annexures 7 and 8 and the appendices enclosed to these annexures. the petitioner-company mentioned about excavation work in the appendix at ..... the tenderer-contractors to arrive at a decision. after receipt of the final offer from the petitioner-company and respondent no. 4 on june 10, 1987, offers were examined in detail at the level of the executive engineer, the deputy chief engineer and finally by the chief engineer and .....

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Nov 06 1987 (HC)

Arcot N. Veeraswami Vs. M.G. Ramachandran and ors.

Court : Chennai

Decided on : Nov-06-1987

Reported in : AIR1988Mad192

..... limits.33. the learned counsel for the committee of management referred, to the provisions of s. 118 of the tamil nadu hindu religious and charitable endowments act (act22of 1959) and the decision of a division bench in krishn;draju chetty v. com-missioner of hindu 'religious and charitable endowments (1977) 2 m u 188 : air 1977 noc 195 and a single judge judgment which followed that reported in n ..... locality and opposition on the part of persons living in the locality against the appellants' possession of the lands which led to breach of the peace and instituting of criminal cases.' whenever, then, a section of the people in a locality, in assertion of an adverse claim, disturb a person in the quiet enjoyment of his property, the bihar government would seem ..... as the scheme or the scheme framed by the high court). the scheme provided for the consitution of a board of trustees in whom the properties shall vest, and their qualifications. the relevant provision relating to the board of trustees is contained in clause 11 of the scheme which reads as follows : 11. 'the board of trustees : (1 ..... the fourth year, the committee was functioning under the ordinance 17 of 1983 from 21-12-1983 to 24-3-1984. the legislative, assembly was in session between 8-10-1984 and 15- 10-1984 both days inclusive and it was prorogued only on 2-11-1984. the letter to the government of india seeking permission under art. 2130) of the constituted .....

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