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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1990

Dec 06 1990 (HC)

The Deputy Commissioner of Endowments, Hyderabad and 2 Others Vs. Saib ...

Court : Andhra Pradesh

Decided on : Dec-06-1990

Reported in : AIR1991AP253; 1991(1)ALT164

..... provisions of the act. the act is called the a.p. charitable and hindu religious institutions and endowments act, 1987. sec.1(3)(a) states that it applied to all public, charitable institutions and endowments whether registered or not other than wakfs governed by the provisions of the wakf act, 1954. there is an explanation to this clause which says that the expression 'public charitable institution and endowments' shall include every charitable institution or endowment the administration of ..... of ram; he is my guru. he is my pir.'10. a re'sume' of shirdi sai baba's birth, life and philosophy, will therefore, affirm, as noted by the madras high court in the decisions earlier mentioned that any temple and mandir of his, cannot be treated as an 'exclusive' hindu institution or endowment. in fact, kailasam, j. (as he then was) ..... (code of conduct), hadith (traditions), fakah (dharmasastra), shariat, the larikat etc. and works of sufi shaiks of orders like kadaria, chistia, suhrawardiya and nakshbandietc. (sai leela, feb. 1990, pp.10-11). baba also honoured bade baba whose real name was peer mohommed.7. there is a strange parallel between what happened at baba's demise and kabir's whose incarnation ..... after this that young baba was brought to gopal rao by the fakir's wife(life of sai baba vol.1,) by h.h.b.v. narasimha swamiji (pp. 10 to 18). once when baba was examined on commission as a witness, he described himself as belonging to the creed or religion of 'kabir'. it is also stated in .....

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Mar 02 1990 (HC)

B.i. Tarali Vs. Kenya Ravindranathshetty and Others

Court : Karnataka

Decided on : Mar-02-1990

Reported in : AIR1991Kant19; ILR1990KAR1114; 1990(1)KarLJ367

..... adm 8 cr 172/89-90 passed by the commissioner for religious and charitable endowments, appointing the appellant as an administrator of sri kukke subramanya-swamy temple in question under section 20 of the madras hindu religious and charitable endowments act, 1951 (hereinafter referred to as the 'act'). by the interim order dated 31-1-1990, the operation of ..... the term of the board of trustees has expired and the board of trustees cannot be permitted to continue keeping in view the interest of the religious institution until the new board of trustees is constituted. point no. 1 is accordingly answered in the affirmative. point no. 218, in the instant ..... trustees and an interim order passed in that writ petition on 21-12-1989 staying the further proceedings pursuant to the publication dated 27-10-1989 has given rise to another situation. as a result thereof election to constitute a new board of trustees cannot take place until either ..... to be in overall charge of the temple and the petitioner cannot further be directed to work under him as per the order dated 10-1-1986 passed by the commissioner. it is not possible to accept the contention of the petitioner'.11. as already pointed out, the ..... this context, the power of the commissioner to appoint anadministrator came up for consideration in that case. one of us (kasj) held as follows : '10. the grievance of the petitioner in this writ petition is that the inspector, h. r. & c. e. udupi, cannot be appointed by the commissioner .....

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Jun 14 1990 (HC)

Commissioner Vs. Committee Management of the Jeeva Samadhi of Sri Yerr ...

Court : Karnataka

Decided on : Jun-14-1990

Reported in : ILR1990KAR2521; 1990(2)KarLJ201

..... against the judgment and decree of district judge, bellary, in o.s.1 of 1975. respondents-plaintiffs filed a suit under section 62 of the madras hindu religious and charitable endowments act of 1951, (hereinafter called act of 1951), in respect of an institution called 'yerriswami samadhl' situated in village chellagurki, bellary district. plaintiffs styled themselves as a committee of management; admittedly it is not ..... duty it is to engage himself in imparting religious instruction or rendering spiritual service to a body of disciples or who ..... is an extract of minute book. in these proceedings the institution is described as 'math'. so also in exhibit p-9 dated 1-7-1957. it is clear that plaintiffs have treated the institution as a 'math'. the word 'math' is defined thus in 1951 act:'(10) 'math' means a hindu religious institution with properties attached thereto and presided over by a person whose ..... jeeva samadhi premises of yerriswami at chellagurki is not a temple within the meaning of section 9(12) of 1927 act or a religious institution under the provisions of section 6(17) madras act 1951.thus holding the district judge set aside the order of the commissioner dated 8-10-1974, and decreed the suit.14. in this appeal mr. umakanth, learned h .....

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Feb 08 1990 (HC)

The Idol of Sri Kannika Parameswari Amman and Others Vs. the Education ...

Court : Chennai

Decided on : Feb-08-1990

Reported in : AIR1990Mad337

..... . r. & c. e., mad : air1966mad99 , which was a case arising under the madras hindu religious and charitable endowments act, a division bench was considering the tests with regard to public and private temples and it has recognised the proposition that even a temple dedicated for the purpose of a particular section of the hindu community could also be a public temple if the community constitutes a considerable ..... , : [1982]3scr491 (supra), the meaningful construction must be that the exemption would apply for a period of 10 years and will continue to be available until suit is disposed of or adjudicated. such suit or proceeding must be instituted within the stipulated period of 10 years. once rights crystallise the adjudication must be in accordance with law.'in para 8, their lordships observed ..... within 10 years and even then within that time it may not be disposed of. that will make the 10 years holiday from the rent act illusory and provide no incentive to the landlords to build new houses to ..... . therefore, having regard to the time normally consumed for adjudication, the '10 years exemption or holiday from the application of the rent act would become illusory, if the suit has to be filed within that time and be disposed of finally. it is common knowledge that unless a suit is instituted soon after the date of letting it would never be disposed of .....

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Apr 04 1990 (HC)

R. Narayanaswami and ors. Vs. Sri Siddha Raja Manicha Prabhu Temple

Court : Chennai

Decided on : Apr-04-1990

Reported in : (1991)67MLJ1

..... learned counsel drew the attention of this court to various provisions of the hindu religious and charitable endowments act. as per section 1(3) the said act, the said act applies to all hindu public religious institutions and endowments including the incorporated devaswoms and unincorporated devaswoms. as per section 6(11), hereditary trustee means the trustee of a religious institution, the succession to whose office devolves by hereditary right or is regulated ..... noon and from 4 p.m. to 9.30 p.m. for performing archanas, worshipper has to obtain chit from devasthanam, and after the amount is collected, the archakas are paid half and the devasthanam was taking the remaining half. there is a hundial. kumbabhishekams are performed. collections are made for festivals as well as for functions of ..... thuvasthambam. besides, there are praharam, artha mandapam and maha mandapam. daily poojas were performed five times and monthly utsavams were done according to agamam. brahmotsavam was conducted for 10 days every year. there are vaganams for deities and the deities are taken in procession in street. no permission is required to enter the temple. people belonging to ..... no. 15 of 1964 was filed before the commissioner, and he too confirmed the order of dismissal passed by the deputy commissioner. thereafter the suit was filed on 10.2.1965 to set aside the order. according to the learned counsel, though the principle of res judicata is not strictly applicable, yet the suit is not maintainable .....

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Aug 31 1990 (HC)

State of Tamil Nadu and anr. Vs. Vilampatti Nadar Uravinmuraikku Pathi ...

Court : Chennai

Decided on : Aug-31-1990

Reported in : (1990)2MLJ395

..... by a religious denomination or any section thereof. therefore, the main question which arises for consideration in this second appeal is, whether the hindu nadar community of vilampatti to which the first plaintiff-institution belongs, is a religious denomination within the meaning of article 26 of the consideration of india. there is no definition of the term 'religious denomination' either in the tamil nadu hindu religious and charitable endowments act, 1959 ..... rules framed thereunder; and (c) for further declaration that the vilampatti nadar uravinmurai, the fourth plaintiff in the suit, is a religious denomination entitled to run and manage institutions of its own accord under the rights ..... property belonging to the institutions including the stoppage of the grants in pursuance of the act 29 of 1974 by enforcing sections, 8, 11 to 18, 21 to 26, 31 to 33, 39, 41 to 47 and 56 and rules 5, 7, 9, 10 to 14, 15 to 18 and 21 to 24 of the tamil nadu recognised private schools (regulation) act, 1973 and the ..... the stoppage of the grants in pursuance of the act 29/74, by enforcing sections 8, 11 to 18, 21 to 26, 31 to 33, 39, 41 to 47 and 56 and rules 5, 7, 9, 10 to 14, 15 to 18 and 21 to 24 of the tamil nadu recognised private schools regulation act, 1973 and the rules framed thereunder.3. the defendants .....

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Aug 31 1990 (HC)

State of Tamil Nadu and Another Vs. Vilampatti Nadar Uravinmuraikku Pa ...

Court : Chennai

Decided on : Aug-31-1990

Reported in : AIR1991Mad233

..... and maintained by areligious denomination or any section thereof. therefore, the main question which arisesfor consideration in this second appeal iswhether the hindu nadar community ofvilampatti to which the first plaintiff-institution belongs is a religious denominationwithin the meaning of article 26 of theconstitution of india. there is no definitionof the term 'religious denomination' either inthe tamil nadu hindu religious and charitable endowments act, 1959 or in the constitution of ..... 56 and rules 5, 7, 9, 10 to 14, 15 to 18 and 21 to 24 of the tamil nadu recognised private schools (regulation) act, 1973 and the rules framed thereunder; and (c) for further declaration that the vilampalli nadar uravinmurai, the fourth plaintiff in the suit, is a religious denomination entitled to run and manage institutions of its own accord under the rights ..... . varkey v. state). (7) : [1971]1scr734 (state of kerala v. mother provincial). (8) : air1964ap277 (chinnamma v. the regional deputy dpi). (9) : [1955]1scr568 (state of bombay v. bombay education society). (10) : air1976delhi207 (a. s. e. trust v. director, education, delhi adm). (11) air 1958 sc 956 (in re kerala education bill). (12) : air1962sc853 (saifuddin saheb v. state of bombay). 9. let .....

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Feb 02 1990 (HC)

V. Pechianna thevar and Etc. Vs. the Kulalar Pillaiyar Temple, Tiruppu ...

Court : Chennai

Decided on : Feb-02-1990

Reported in : AIR1991Mad241

..... proceeds in his argument that r. kandasamy has no right to institute the suits against the defendants.7. as against this mr. v. radhakrishnan, learned counsel for the respondent-plaintiff would contend that under ex. a1 dt. 5-5-1977 itself, under s. 49 of the hindu religious and charitable endowments act, i.e., after act 24 of 1976 came into effect on 1.6.1976 theassistant ..... commissioner has appointed five persons including r. kandasamy as trustees and therefore that order is valid under the act and unfortunately this order has not been brought to the notice of the commissioner ..... -6-1977 the board of trustees have passed a resolution electing him (r. kandasamy) as managing trustee, but in a revision petition filed by the defendants before the commissioner, hindu religious and charitable endowments, against an order passed by r. kandasamy as chairman of board of trustees on 31-12-1976 directing the defendants to vacate the premises the commissioner has passed an order ..... any compelling reason to differ from that finding. therefore the second point also has to fail.9. in the result all the four second appeals are dismissed but without costs.10. appeal dismissed. .....

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Sep 10 1990 (HC)

Gurunatha Pandithan Vs. the Commissioner, Hindu Religious and Charitab ...

Court : Chennai

Decided on : Sep-10-1990

Reported in : (1991)2MLJ409

..... . 536 of 1977 on the file of sub court, madurai, the plaintiff has preferred this appeal. this suit is under section 70 of the tamil nadu hindu religious and charitable endowments act, 1959 for setting aside the order of the commissioner under the said act dated 10.2.1977 in the plaintiffs own appeal in a.p. no. 153 of 1975. the said order of the commissioner confirmed ..... trustee' defined under section 6(11) of the act, which runs as follows:'hereditary trustee' means the trustee of a religious institution, the succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided for by the founder, so long as such scheme of succession is in force.(according to section 6(18); religious institution' includes specific endowment)so according to him ..... , where the succession to office of religious institution is specifically provided for by the founder, the trustee of such a religious institution shall be hereditary trustee. ex. a-1 specifically provides for devolution of trusteeship by saying that if .....

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Sep 07 1990 (HC)

Cicilia D

Court : Karnataka

Decided on : Sep-07-1990

Reported in : ILR1991KAR2848

..... court of andhra pradesh in chunduru chenchuramaiah sett v. deputy commissioner, hindu religious and charitable endowments, wherein it has been held that section 80 cpc does not apply to a suit under section 62 of the hindu religious and charitable endowments act as the order passed by the deputy commissioner under section 68 and by the commissioner under section 61 of the act are judicial orders and the right of suit is provided under ..... finding of the courts below that the state government is a necessary party to the suit is set aside. it is open to the plaintiff to institute a fresh suit after complying with the provisions of section 80 c.p.c. 15. sri umakanth, learned government pleader; is permitted to file his memo of appearance on behalf of the respondent in six ..... of the act. in other words, the plaintiff wants to avoid the proceedings taken by the respondent-defendant in his official capacity. therefore, it was necessary for the plaintiff to issue a notice to the defendant under section 80 c.p.c. 10. however, it is contended on behalf of the appellant-plaintiff by sri udaya holla that the rent controller is neither ..... a government nor a government servant, because he is a statutory authority. therefore, it is not necessary to issue notice as required by section 80 of the c.p. code .....

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