Court : Andhra Pradesh
Decided on : Mar-06-1991
Reported in : AIR1992AP16
..... .o. ms. no. 368 revenue (endowments iii) department, dt. 16-2-1978, in exercise of its powers under section 107 read with sub-section (5) of section 27 of the andhra pradcsh charitable and hindu religious institutions and endowments act, 1966. those rules provide for categorisation of executive officers, the methods of appoint-ment, qualifications as also the appointing authority. rule 5 ..... of those rules provides that the commissioner endowments department shall be the appointing ..... district. he assails an order dt. 11-6-90 issued by the 2nd respondent commissioner of endowments, under section 29(3) of the a. p. charitable and hindu religious institutions and endow-ments act, 1987 (act 30 of 1987) hereinafter referred to as the 'act', appointing 16 temple clerks as executive officers in the proposed iii grade (presently iv and v ..... order of the commissioner.10. counsel for the petitioner invited my attention to the judgment of a division bench of this court in w.a. no. 644/74. the question which the division bench considered related to grouping of institutions under section 27(2)(b) of a. p. charitable and hindu religious institutions and endowments act (17 of 1966). .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-06-1991
Reported in : AIR1992AP260; 1991(2)ALT321
..... petition no. 12488/89 dated 6-7-1990.2. 'executive officer' is defined in s. 2(13) of the a.p. charitable & hindu religious institutions & endowments act, 1987, hereinafter referred to as the 'act' as 'an officer appointed as such under any of the provisions of this act'. section 2(6) defines 'commissioner 'deputy commissioner' and 'assistant commissioner' are defined in s. 2(9) and 2(2) respectively of ..... '. my learned brother has sought to rely upon the difference in terminology of s. 27 the a.p. charitable and hindu religious institutions and endowments act, 1966, which correspond to the present section 29, in that the former entrusted the power of appointment of executive officers of specified classes of institutions to the hierarchy of officers viz., commissioner, deputy commissioner and assistant commissioner. he also pointed out that ..... the act. the powers of the. 'commissioner', 'deputy commissioner' and 'assistant commissioner' are specified in ss. 8, 10 and 11 of the act. according to s. 8 of the act, the administration of all charitable and hindu religious institutions and endowments shall be under the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-16-1991
Reported in : 1991(2)ALT673
..... .o.ms. no. 368, revenue dated 16-2-1978 in exercise of powers under section 107 r/w. sub-section (5) of section 27 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 which are saved by virtue of sub-section (2) of section 155 of the endowments act, 1987. with that view the learned judge (spr, j.,) dissented relying upon an earlier ..... . 1811/91 in which it was held that the power of the commissioner of endowments to make appointments to the posts of executive officers is saved by virtue of the provisions of section 155 (2) of the a.p. charitable & hindu religious institutions & endowments act, 1987. (for short 'the endowments act, 1987') our 'earned brother parvatha rao, j, was also of the view that ..... since no rules were framed under section 29, no appointments cou1d be made because there is a vacuum.2. ..... in the writ petition the legality of an order dated 16-10-1989 passed by the commissioner of endowments in rc .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-18-1991
Reported in : 1991(1)ALT701
..... or incorporated body which is not a company may be local authority for purposes of the act.5. tirumala tirupathi devasthanam is an authority recognised by the statute. chapter xiv of the a.p. charitable & hindu religious institutions & endowments act, 1987 contains the provisions applicable to the devasthanam. section 111 of the act deals with the funds of the t.t.d. the same vests various powers of ..... any land or other immovable property for the purpose of the triumala tirupathi devasthanums, if such acquisition is authorised by the government, etc.6. the most important provision is section 111 (4)(x) viz., acquisition of any land or other immoveable property for the purpose of the t.t.d., if such acquisition is authorised by the government. in the light ..... . petitioner objected to that acquisition. an enquiry was conducted thereafter under section 5a of the land acquisition act. petitioner participated in those proceedings through a representative. overruling the objections, a declaration under section 6 of the act was published on 6-3-87. the 1st respondent issued notice in form no. 10 on 19-3-90 stating that an award was passed in the ..... of this provision, it has to be held that the requirements of section 6(2) proviso of the land acquisition act are satisfied, since substantial amount towards compensation is to be paid .....Tag this Judgment!
Court : Chennai
Decided on : Aug-23-1991
Reported in : (1992)1MLJ109
..... gifts to the archakas, service-holders or other employees of a religious institution. 5. section 6(16) defines 'religious charity' as a public charity associated with a hindu festival or observance of a religious character, whether it be connected with a math or temple or not. 'religious institution' is defined in section 6(18) as a math; temple or specific endowment.6 section 5 of the hindu religious and charitable endowments act declares that sections 92 and 93 ..... of the code of civil procedure shall cease to apply, to hindu religious institutions and-endowments.7. on the averments made in the plaint and on the terms of the documents relied ..... was meritorious.10. reversing the decision of this court, the supreme court has observed that the expression 'being connected with' or 'in relation to' do not import any control by the authorities who manage or administer the festival in the temple. it will be advantageous to extract the relevant following observations, of the supreme court in that connection.a hindu religious festival or .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-26-1991
Reported in : JT1991(5)SC140; 1991(1)SCALE818; 1991Supp(2)SCC228; 2SCR531; 1991(2)LC309(SC)
..... court found that the tank is a 'public trust', the appellants would be hereditary trustees and could be removed only by taking action under section 77 of the a.p. hindu charitable and religious institutions and endowments act, 1966 for short 'the endowments act', it also held that the descendants acquired title by adverse possession. accordingly the suit for possession was decreed relegating to file a separate application ..... panchayat and to have due regard to any objections, if raised, by the gram panchayat and issue notification published in the gazette resuming the water sources or the land etc.10. the word 'vest' clothes varied colours from the context and situation in which the word came to be used in a statute or rule. in chamber's mid-century ..... trustees for over many years for personal use, it must be construed that the trust was for personal benefit of archakas. it was repelled holding that it would be a dangerous proposition to lay down that if the trustees of the religious trusts have for many years being applying the income to their own personal use, the trust-deed must be ..... arrears of rent and the suit was maintainable. in sri vedagiri lakshmi narasimha swami temple v. induru pattabhirami reddy : 1scr280 the contention raised was that section 93 of the madras hindu religious and charitable endowments act, 1951 was a bar to maintain suit for rendition of accounts and recovery thereof against the ex-trustees. this court repelled the contention and held that the suit .....Tag this Judgment!
Court : Chennai
Decided on : Jun-20-1991
Reported in : (1991)2MLJ582
..... of the hindu religious and charitable endowments act, 1959 (act no. 22 of 1959). unless and until the characteristics of the institution is decided, in my view, the respondents 1 and 2 cannot have any jurisdiction over the institution. sub-section (3) of section 1 of the h.r. & c.e. act clearly states that the act applies to all hindu religious and charitable institutions. the characteristics of the institution have to ..... the wishes of the swamigal shown in the will. the learned counsel further contends that the samadhi of the swamigal is not a temple or a religious institution as defined in the hindu religious and charitable endowments act, 1959 and that there are no characteristics of a 'temple' now. the learned counsel vehemently contends that it is only a samadhi and a ..... the writ petition and issued a writ of prohibition, holding that the assumption of the jurisdiction by the hindu religious and charitable endowments department is without authority and without decision as to whether the institution should come within the four corners of the hindu religious and charitable endowments act, 1959. however, in the year 1984, it seems the said kuppusami chettiar who was the then ..... , mr. p.m. bhaskaran, the learned counsel appearing for the respondents 1 and 2 and mr. p.k. sivasubramaniam, the learned counsel for the third respondent.10. the first point to be determined in this writ petition is what relief should be granted to the petitioner and for the relief to be granted, it should be .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-07-1991
Reported in : AIR1991Kant400; ILR1991KAR2456
..... which the plaintiffs-respondents 1 and 2 had sued the appellant as well as state government, the commissioner for religious and charitable endowments, karnataka and 5th respondent sajjada nashin for the reliefs stated in the plaint viz., for declaration that the suit institution is a religious institution being a holy place of worship belonging to hindus and mohammedans alike, that the same is not a wakf ..... cloud on the right, title or interest of persons who are not muslims. if a person who is non-muslim whether he be a christian, a hindu, a sikh, a parsi or of any other religious denomination and if he is in possession of a certain property his right, title and interest cannot be put in jeopardy simply because that properly is ..... . they further prayed for a permanent injunction restraining the appellant from interfering with the rights of the plaintiffs or hindus as aforesaid. that was a representative suit on behalf of hindu community people after observing the necessary formalities required in respect of representative suit. the facts briefly stated are that there exists sri guru dathathreyaswamy peeta in inam dathathreya peeta village ..... conclusion. accordingly, we find that the suit is not barred by time.10. the next point raised is one of notice under sec. 56 of the act. there is averment in the plaint that notice under sec. 80, c.p.c. was issued to the defendants 1 to 4. sec. 56 of the act relating to notice of suits by parties against the board is pari .....Tag this Judgment!