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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1993

Sep 10 1993 (HC)

K.N. Venkatarama Chetty and Another Vs. V. Lakshmiram Chetty and Other ...

Court : Andhra Pradesh

Decided on : Sep-10-1993

Reported in : AIR1994AP47

..... arises for consideration in this revision petition is, whether a suit insituted under the provisions of section 77 of the a.p. charitable and hindu religious institutions and endowments act, 1966 ('old act', for short) can be continued after the said act was repealed by the a.p. charitable and hindu religious institutions and endowments act, 1987 ('new act', for short) or, whether it should be treated as an appeal and continued under the ..... act to continue the suit by necessary implication.9. the court below was in error in holding that the suit instituted by the respondent under the old act would continue. the suit should be treated as an appeal, as provided under sections 87 and 155 (2)(d) of the new act, and should be heard as such the revision petition is accordingly allowed. no costs.10 ..... the other part and in positive terms, the said provision may wellbe taken to be self-contained and indicative of the intention to exclude the application of section 6 of the general clauses act. section 6 of the general clauses act, 1897 (central act x of 1897) as considered by the supreme court and it was held that when the provision of the new ..... act is self-contained, it is indicative of the intention to exclude the application of section 6 of the general clauses act. similar view was expressed in m/s. munshi lal .....

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Mar 16 1993 (HC)

Employees Association, Rep. by Its President K. Venkateswara Rao Vs. S ...

Court : Andhra Pradesh

Decided on : Mar-16-1993

Reported in : 1993(2)ALT48

..... the principal questions raised in this appeal is that the civil court has no jurisdiction to entertain the suit in view of the express bar contained in section 105 of the a.p. charitable and hindu religious institutions and endowments act, the instant case, the suit is for setting aside a sale conducted pursuant to the sanction given by the commissioner and the government under ..... , the land was in possession of the archakas and they had expressed their willingness for the sale of the land. the respondent no. 9 who was the manager (executive officer) of the temple at that time also proposed for the sale of the land. the assistant commissioner recommended to the commissioner of endowments (respondent no. 10) for the sale of the land. the ..... in any court of law.10 relevant rules:-26(i) rule under section 74 read with section 107 of the actrules relating to notice of sale, exchange, mortgage of immovable property of the institution or endowment.1. (1) notice of any sale, exchange or mortgage of any immovable property belonging to, or given or endowed for the purposes of any charitable or religious institution or endowment shall contain the following .....

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Dec 22 1993 (HC)

Sri-la-sri Shanmuga Desiga Gnanasambanda Pandarasannadhi Avargal and H ...

Court : Chennai

Decided on : Dec-22-1993

Reported in : (1994)2MLJ313

..... order of any court and notwithstanding anything contained in the madras hindu religious endowments act, 1926 (madras act ii of 1927 or in the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1961) or in this act, but subject to the provisions of section 75-c all notifications issued under chapter vi-a of the madras hindu religious endowments act, 1926, (madras act ii of 1927) and in force immediately before the 30th september ..... year 1817 kattalai administration was taken over by the british government along with administration of all temples. in 1847, when the government withdrew themselves from the management of religious institutions of the hindus, the institution, including the several kattalais, seems to have been handed over to the kattalaidars or managers of the respective kattalais, muchilikas or agreements having been taken from every one ..... pandara sannadhi, sole and hereditary trustee of rajan kattalai attached to thiyagarajaswami devasthanam at tiruvarur, residing at dharmapuram mutt, mayuram taluk and munsif. during the pendency of the suits, on 10.11.1971 the said subramania desika gnanasambanda pandara sannadhi avergal attained paripoornam. then sri-la-sri shanmuga desika gnanasambands pandara sannadhi was installed as the adheenakarthar and pandara sannadhi of .....

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Feb 23 1993 (HC)

Pavani Sreedhara Rao Vs. the Government of A.P., Revenue (Endowments) ...

Court : Andhra Pradesh

Decided on : Feb-23-1993

Reported in : 1993(3)ALT620

..... government pleader supported the order of the learned single judge.10. the question therefore is whether the executive officer appointed under the old act will cease to function automatically after the commencement of the new act.11. the a.p. charitable and hindu religious institutions and endowments act, 1987, repealed the a.p. charitable and hindu religious institutions and endowments act, 1966. section 29 of the new act provides for appointment and duties of executive officer. the ..... per rules prescribed under the 1966 act. the rules have to be framed in exercise of the power under section 29(3) read with section 153 of the 1987 act.13. under section 33(2) of the act the government may by notification regulate the classification, methods of recruitment, qualifications, conditions of service, pay and allowances and discipline and conduct of every endowment service thereby constituted under sub ..... -section (1). we are of the opinion that till such .....

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Aug 20 1993 (HC)

Mokkapati Harihara Prasad Vs. Nelakuditi Nageswara Rao and anr.

Court : Andhra Pradesh

Decided on : Aug-20-1993

Reported in : 1994(3)ALT608

..... chettiar v. n. lakshmanan chettiar, : air1991sc221 .5. the second contention is that section 92 of civil procedure code cannot be invoked in view of section 156 (e) of a.p. charitable and hindu religious institutions and endowments act, 1987 (hereinafter referred to as 'act') which says that section 92 of civil procedure code does not apply to charitable and hindu religious institutions and endowments to which the act applies. it has been held in charan singh v. darshan singh, : [1975 ..... of civil procedure code. the respondents opposed this plea contending that if section 92 is not applicable, the suit can always be instituted under section 9 of civil procedure code without any restrictions laid down in section 92 of civil procedure code. we need not go into this academic question in view of our conclusion that section 92 of civil procedure code applies.10. thus, all the three contentions are rejected and the civil ..... revision petition is dismissed with costs and interim order granted on 14-10-1992 suspending both .....

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Jun 30 1993 (HC)

P. Seshachalam Vs. the Executive Officer, Sri Varadaraja Swamy Temple ...

Court : Andhra Pradesh

Decided on : Jun-30-1993

Reported in : 1993(3)ALT450

..... learned counsel for the petitioner is totally misconceived. it is a true that under the a.p. charitable & hindu religious institutions & endowments act, 1987 (in short act no. 30 of 1987), no rules were issued under sub-section (1) of section 85, though with regard to office holders, covered by section 35 sub-section (3), rules have been issued under 1171 dated 16th december, 1987. one glance ..... at the corresponding provisions in the old act (i.e., act no. 17 of 1966) and new act (act no. 30 of 1987) and the rules clearly shows that sub-section (1) of section 35 of the new act corresponds to sub-section (5) of section 31 of the old act. the state of andhra pradesh issued rules under section 31 (5) of the act of 1966 in ..... as the present writ petitioner is concerned, who is not a hereditary office holder and who was earlier governed by section 31 (5) of act no. 17 of 1966 and who is now governed by sub-section (1) of section 35 of the new act, he is certainly bound to lay down office on completing the age of 58 years. he is bound by rules ..... issued under 1478, revenue (endowments vi) department, dated 17-11-1986. the claim of the petitioner is misconceived and he is bound .....

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Apr 01 1993 (HC)

S. Govindasamy Naidu and ors. Vs. Poorna Valli and ors.

Court : Chennai

Decided on : Apr-01-1993

Reported in : (1993)2MLJ390

..... is manifest that the temples are public temples or public religious institutions, and hence there is no question of going to the hindu religious and charitable endowments board for decision ..... use the two temples as of right as a place of public religious worship. therefore clearly the suit temples come under the definition of 'temple' in section 6(20) of the hindu religious and charitable endowments act, hereinafter referred to as the act, and therefore it is a religious institution within the meaning of section 6( 18).therefore, even from the pleadings of both sides it ..... by name alagappa konar. alagappa konar had a son by name arumugha konar who died unmarried in 1979. palaniandi konar and alagappa konar had endowed properties under registered trust deeds dated 7,10.1905,1.2.1908 and 21.6.1911 for the purpose of pooja services in the said two temples. the trust deeds specifically enjoins ..... by the defendants that the temples were public temples and in view of the provisions of the hindu religious and charitable endowments act the suit was not maintainable. it was in these premises the trial court held that the two temples were public temples.10. but the present case does not relate to the administration of the temples. it purely concerns .....

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Dec 23 1993 (HC)

V. Srinivasa Chettiar and ors. Vs. G. Selvanambi and ors.

Court : Chennai

Decided on : Dec-23-1993

Reported in : 1994(1)MPLJ550

..... file of subordinate judge's court, tiruchirapalli, setting aside the order dated 16.10.1976 of the 1st defendant 2nd respondent herein, viz., the commissioner, hindu religious and charitable endowments, madras and declaring that the suit trust is not a religious institution' under the tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter referred to as 'the act'), but that it is only a private trust of the plaintiff-1st respondent's ..... relevant pleadings, and the evidence recorded, i may set out the definition of the term 'religious institution' as found in section 6(18) of the act. according to the said definition, 'religious institution' means 'a math, temple or specific endowment'. in turn, the term 'temple' is defined under section 6(20) of the act. according to the said definition, 'temple' means a place by whatever designation known, used as ..... for continued performance of poojas not only to the abovesaid navalarsamigal, but also to sri kannabiran. it is also pointed out that the archakas are paid and the public also contributed for the endowment. the relevant pleadings and evidence were also relied on. it is also pointed out that the only witness examined on the side of the plaintiff is not the .....

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Dec 09 1993 (HC)

Sri Arulmighu Sundara Mahalingaswamy Temple, Represented by Its Heredi ...

Court : Chennai

Decided on : Dec-09-1993

Reported in : (1994)1MLJ520

..... . no. 763, dated 3.6.1976, commercial taxes and hindu religious and charitable endowments department, dated 3.6.1976 by which a fit person was appointed for the petitioner institution. in april, 1976, an executive officer was appointed under the hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959) (hereinafter referred to as the 'act 22 of 1959'). the petitioner challenge the order of appointment of ..... cannot assume jurisdictional fact and that if this was a religious institution or samadhi or denominational institution and proceeds to appoint executive officer.4. a counter-affidavit has been filed by the respondents in which it is stated that the petitioner has not obtained a declaration either section 63(b) of the act or under the earlier enactments. it is also claimed that ..... no. 763, commercial taxes and religious endowments department, dated 3.6.1976. one of such institution is the petitioner institution. this act xxiv of 1976 expired due to efflux of time in the year 1981. subsequently, an act was passed in tamil nadu act (xlvi of 1991) and under section 61 of the act xlvi of 1991, non-hereditary trustee ceased to hold ..... and also on the ground that the petitioner has not proved himself as hereditary trustee, a direction is to issue to the respondents to take action according to section 61 of act 46 of 1991 and try to fill up the vacancies of the trusteeship. in my view, the third respondent herein cannot continue for ever, for managing the .....

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Nov 17 1993 (SC)

Committee of Management of Pachaiyappa's Trust Vs. Official Trustee of ...

Court : Supreme Court of India

Decided on : Nov-17-1993

Reported in : JT1993(6)SC389; 1993(4)SCALE465; (1994)1SCC475; [1993]Supp3SCR710

..... a.p. and ors. : [1986]1scr989 , while dealing with sale of property of a religious endowment governed by the andhra pradesh charitable and hindu religious institutions and endowments act, 1966, this court has held that what is true of public property is equally true about the property belonging to the religious institutions and endowments and has further pointed out:.the trustees or persons authorised to sell by private negotiations, can ..... opportunity to make an offer. public auction is the means for enabling such persons to make their offers. in the matter of exercise of its supervisory jurisdiction under section 25 of the act the high court has to be guided by the same consideration which governs the administration of trust property by the official trustee, namely, 'to make the trust get ..... the termination of the tenancy on the failure of the lessee to pay the rent continuously for one year instead of 3 months; (iv) deleting the provisions of clause 10 with reference to the surrender of superstructure and other construction put up by the lessee at the time when the lessee vacate without claiming compensation; and(v) deleting the ..... year but it would be refunded without interest if the project as envisaged in the applications is completed in full.(5) the applicants may be required to deposit rs. 10,000 as advance repayable without interest when the applicant vacates the property.(6) the tenancy would stand terminated in the event of the applicants failing to pay rent continuously for .....

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