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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1996 Page 1 of about 1 results (0.052 seconds)

Oct 04 1996 (HC)

Teki Venkata Ratnam and ors. Vs. Deputy Commissioner of Endowments and ...

Court : Andhra Pradesh

Decided on : Oct-04-1996

Reported in : 1996(4)ALT374

..... (d) of section 77 were as follows:'(a) whether an institution or endowment is a charitable institution or endowment;(b) whether an institution or endowment is a religious institution or endowment;(d) whether any property is an endowment, if so whether it is a charitable endowment or a religious endowment;'the act was successor to the andhra pradesh (andhra area) hindu religious and charitable endowments act, 1951 and was designed to regulate the administration of public religious institutions or endowments. the different ..... in them from time to time. it appears, notice was issued by the inspector of endowments on 8-10-1975 to the executive authority of sri pandurangaswamy temple, chilakalapudi calling upon the temple to be registered under sections 38 and 39 of the 1966 act. w.?.no.5480 of 1976 was filed by the predecessor of the appellants challenging the ..... a.s. no. 238 of 1975 decided on 26-10-1978 in which view had been taken of section 77 of the 1966 act as not clothing the deputy commissioner with the power to decide whether the institution is public or private, of it having been rendered under the 1966 act but that the power was specifically available to the deputy ..... to issue the notice. the basis of the challenge is an earlier order passed by the district judge, krishna, machilipatnam in o.p.no.1/1940 on 24-10-1941 declaring the temple as private. the writ petition having been dismissed on 31-12-1993, the present appeal has been preferred.2. narration of the background of .....

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Jan 17 1996 (SC)

Pannalal Bansilal Patil and Others Etc. Vs. State of Andhra Pradesh an ...

Court : Supreme Court of India

Decided on : Jan-17-1996

Reported in : 1996IAD(SC)684; AIR1996SC1023; 1996(3)ALT1(SC); JT1996(1)SC516; 1996(4)KarLJ252; 1996(1)SCALE405; (1996)2SCC498; [1996]1SCR603; 1996(1)LC265(SC)

..... a view to remedy the same and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act was enacted. instead of management by a single person chapter iii introduced in section 15, 17, 18 and 19 as a composite scheme prescribing disqualifications and qualifications for trusteeship, procedure for appointment of trustees and appointment and constitution of the board of trustees ..... the law relating to the administration and governance of charitable and hindu religious institutions and endowments ..... endowment allotted or allowed to be in possession and enjoyment of any archaka, office holder or servant towards remuneration or otherwise for rendering service and for defraying the 'paditharam' and other expenses connected with the service or management of the temple, shall stand abolished with effect on and from the commencement of this act.10. the object of the act is to consolidate and amend .....

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Mar 19 1996 (SC)

A.S. Narayana Deekshitulu Vs. State of Andhra Pradesh and Others

Court : Supreme Court of India

Decided on : Mar-19-1996

Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; [1996]3SCR543

order1. this and connected writ petitions and transfer cases concerned the constitutionality of sections 34, 35, 37, 39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act (for short, the 'act') abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple in west godavari district. the facts in writ petition no. 638/87 are sufficient ..... , 1989, dr. s.d. sharma stated thus :we in india, however, understand secularism to denote 'sarva dharma samabhava': an approach of tolerance and understanding of the equality of all religions'. x x x x x x x x x x the bhagwad gita indicates this explicitly in the following shlokas :;s ;fkk eka izi|fur rflrfkso xtke;gaeeor;kzuqrrurs euq';k% ukfkz loz'k%aaye yatha main prapadyante temptathaiva bhajamy ..... in learning etc., agama training schools in the respective regions, viz., andhra, telengana and rayalseema were established and training in fact is imparted to the candidates. the recognition of the qualifications by the commissioner is one of the conditions, but we have seen the rules made in this behalf. rules provide elaborate procedure, competent persons having specialised knowledge in the respective .....

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Jan 24 1996 (SC)

Sri Sri Sri Lakshamana Yatendrulu and Others Etc. Etc. Vs. State of An ...

Court : Supreme Court of India

Decided on : Jan-24-1996

Reported in : AIR1996SC1414; JT1996(1)SC535; 1996(4)KarLJ394; 1996(1)SCALE543; (1996)8SCC705; [1996]1SCR929

..... . the petitioners seek to question the vires of sections 2(22), 2(27) and sections 47 to 55 in chapter v of the andhra pradesh charitable & hindu religious institutions & endowments act, 1987 (30 of 1987) (for short, 'the act'). but at the time of hearing shri k. parasaran, their learned senior counsel, restricted his arguments to the validity of sections 50 to 55. the petitioner in the first writ ..... stated and bears no repetition. the mahant may himself nominate his successor. in other words, the predecessor mahant should keep the prohibited grounds enumerated in sub-section (1) of section 51 and qualifications mentioned in section 53(2) before he nominates the successor. he is the best person to adjudge among his disciples or any other persons, the most fitting person eminently ..... is a reasonable period. it would enable the commissioner to consider all relevant aspects and to take a decision of his granting permission for recognition of the math idiopathic .10. section 54(2) governs the case of nomination by previous math idiopathic and when a math idiopathic is not available to nominate his successor, a meeting of the math idiopathic ..... onward march of civilisation from tribal society to modern life would appropriately be dealt with in the connected cases relating to archakas. suffice it to state that it is the duty of mahant to practise and propagate the religious tenets of which he is an adherent and if any provision of law prevents him from propagating his doctrine that would .....

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Jan 12 1996 (SC)

Peddinti Venkata Murali Ranganatha Desika Iyengar and Others Vs. Gover ...

Court : Supreme Court of India

Decided on : Jan-12-1996

Reported in : 1996IAD(SC)576; AIR1996SC966; 1996(1)ALT33(SC); JT1996(1)SC234; 1996(4)KarLJ103; 1996(1)SCALE298; (1996)3SCC75; [1996]1SCR439

..... order1. the petitioners are challenging the constitutionality of explanation ii to section 2(22) and section 76 of the andhra pradesh charitable and hindu religious institution and endowments act, 1987 (30 of 1987) (for short, 'the act') in this writ petition, apart from other provisions of the act challenge to which is decided in other connected matters. in this case we confine our consideration to the validity of the above provisions ..... law inconsistent therewith creating vested rights over the former inam lands which ceased to exist on the grant of ryotwari patta. being a ryotwari land held by a tenant, an archaka, a service holder or other employee after grant of ryotwari patta, holds the land with absolute right to the extent of 1/3 land as an independent and absolute owner ..... -grant of lease of lands taken from tenant under section 9 is governed by section 10. section 10a deals with application of the act to inam land in ryotwan or zamindari villages. section 10b deals with conferment of ryotwari patta on transfers of un enfranchised inams. section 11 makes the provisions of the andhra tenancy act, 1956 or the act amended thereafter, applicable to the lands held by the .....

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Feb 29 1996 (SC)

Pavani Sridhara Rao Vs. Govt. of A.P. and ors.

Court : Supreme Court of India

Decided on : Feb-29-1996

Reported in : 1996IIIAD(SC)397; AIR1996SC1334; JT1996(3)SC4; 1996(2)SCALE705; (1996)8SCC298; 1996(1)LC582(SC)

..... of the temple was not less than rs. 10,000/- and did not exceedrs. 2 lakhs. it is also true that as per sub-section 2(a) of section 27 of 1966. act, it was provided that in case of any charitable or religious institution or endowment, whose annual income was not less than rs. 10,000,-but did not exceedrs. 2 lakhs, the ..... writ appeal and another writ petition moved by the appellant before the high court. the government of andhra pradesh; the commissioner of hindu religious and charitable endowments, hyderabad; the deputy commissioner of endowments, guntur and the assistant commissioner of endowments, ongole, prakasam district, are the common respondents in these appeals. a few relevant facts are required to be noted to highlight ..... memorandum dated 30.12.1978 issued by respondent no. 1, government of andhra pradesh, represented by its secretary, revenue (endowments) department by which the order dated 30.05.1978 passed by respondent no. 2, commissioner of hindu religious and charitable endowments, was confirmed. that writ petition came to be dismissed by the learned single judge. the appellant carried the matter ..... in the impugned judgment took the view that the earlier order of 1978 continued to operate despite the repeal of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (in short '1966 act') by the latter 1987 act bearing the very same caption. the high court did not consider the main grievance of the appellant against the order of 1978, .....

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Dec 27 1996 (HC)

Sri Sangameshwara Swamy Temple, Rep. by Its Chairman and ors. Vs. the ...

Court : Andhra Pradesh

Decided on : Dec-27-1996

Reported in : 1997(1)ALT779

..... possession was not material in this case and has failed to notice that the lease can be granted only under the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 and/or 1987 (for short, endowments act') and not otherwise. both the courts below have failed to comply the principles of law correctly and have committed a material irregularity and illegality in the ..... in clause (d) or clause (e) in section 74(1) or section 75 abrogating and nullifying by their ..... date of the commencement of the inams abolition act, is entitled to permanent occupancy rights as he is entitled to the benefit of section 10(2) of the andhra tenancy act and, therefore, he has a right to continue in possession and cannot be treated as an encroacher for the purposes of chapter 9 of the endowments act of 1966 because there are no words either ..... is held that a tenant found to be in possession of the land and lease subsisting by the time the amended act 39 of 1974 came into force, his tenancy is protected under the amended section 10(1) of the a.p. tenancy act of 1956 and the lease would be deemed to be in perpetuity and he is entitled to be in possession .....

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Apr 05 1996 (HC)

Babulal Yadav Bhoriwala and ors. Vs. the Assistant Commissioner of End ...

Court : Andhra Pradesh

Decided on : Apr-05-1996

Reported in : 1997(4)ALT344

..... passed by the chief judge, city civil court, hyderabad in o.s. no. 212 of 1982, dated 10-3-1986 filed under section 78 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966, where by the learned chief judge confirmed the order passed by the deputy commissioner of endowments i.e., the 2nd respondent herein, in o.a. no. 68 of 1981, dated 3-2 ..... religious institution, or given or endowed for the performance of any service or charity of a public 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.'in the explanation to section 2, sub-section (21) of the act ..... , it has been explained as follows:-'explanation:- property which belonged to or was given or endowed for the support of a religious institution, or which was given or endowed for the performance of any service or charity of .....

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Dec 17 1996 (HC)

Tallapakam Kuppu Raghavan Vs. State of A.P. Rep. by Its Secretary, Dep ...

Court : Andhra Pradesh

Decided on : Dec-17-1996

Reported in : 1997(2)ALT17

..... above.4. the legislature of the state of andhra pradesh has enacted the a.p. charitable and hindu religious institutions and endowments act generally for all charitable and hindu religious institutions and has made an exception by introducing separate provisions in chapter xiv therein for tirumala tirupathi devasthanams. section 95 in the said chapter of the act states that the provisions of the chapter shall apply only to the tirumala tirupathi devasthanams ..... meeting of the trust board of tirumala tirupati devastanams on 27/28-11-1996. he is also informed that it should be ensured that the film shooting is allowed between 10-00 a.m. to 5 p.m. and shooting should not be permitted in the main area of the temple while taking care to avoid any breach of ..... .m.c. productions, hyderabad should not take film shooting in the institutions which are celebrating fairs and festivals,8. the serene and bioaesthetic atmosphere of the institutions shall not be spoiled.9. any violation of the conditions will entitle the ttd management to claim exemplary damages and other legal reliefs.10. the shooting is permissible from tuesday to friday only in week in .....

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Dec 20 1996 (HC)

Nalli Sanyasi Naidu and anr. Vs. Maharaja Alka Narayana Society of Art ...

Court : Andhra Pradesh

Decided on : Dec-20-1996

Reported in : 1997(1)ALT755

..... to mention that section 82 of the endowments act of 1987 has been declared unconstitutional and has ..... , particularly when the provisions of sections 3, 4, 5, 6 and 7 are not applicable to the lease of lands belonging to the institutions endowed for the purposes of charitable and religious institutions under the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act of 1966 (old) and the andhra pradesh charitable and hindu religious institutions and endowments act of 1987 - vide section 18(2) of the andhra pradesh tenancy act of 1956. it is apposite ..... as a matter of right by virtue of section 10 of the andhra pradesh tenancy act of 1956 did not fall for consideration and, therefore, he cannot be treated as an encroacher within the meaning of section 75 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 as also whether the provisions of section 75(1) of the said act overrides the provisions of the andhra pradesh tenancy .....

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