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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1997 Page 1 of about 12 results (0.106 seconds)

Aug 14 1997 (HC)

Javvadi Sriranganayakulu and anr. Vs. Sabbella Pulla Reddy and ors.

Court : Andhra Pradesh

Decided on : Aug-14-1997

Reported in : 1998(1)ALD78; 1997(6)ALT173

..... 1. the plaintiffs are theappellants. their suits instituted under section 78 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (for short, 'the endowment act') for setting aside the order passed by the 2nd defendant under section 77(1)(a) of the endowment act, whereby the suit house, suit ramalayam and the suit lands have been declared as public charitable endowments and recovery of the suit house has been ..... in result, the trial court found that the suit house was a public charitable institution within the meaning of section 2(4) of the endowment act as it was used as dharmasala or choultry for the benefit of public and the suit land was also a public and religious endowment and the income from it should be utilised for the maintenance and up keep ..... 3. the 1st defendant had filed a petition in oa 140/74 under section 77(l)(a) of the endowment act for taking possession of the suit house as also the temple called ramalayam together with the properties endowed to them as, according to him, these properties were public charitable endowments. the petition wasresisted by the plaintiffs and j. laxmayya naidu, who ..... of the temple and choultry. holding so, the trial court dismissed the suit.10. feeling .....

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Jan 17 1997 (HC)

H.H. Jagadguru Channa Basava, Mahaswamy, Matadhipathi Vs. Comissioner ...

Court : Andhra Pradesh

Decided on : Jan-17-1997

Reported in : AIR1997AP213; 1997(1)ALT451

..... devotees with offerings in the shape of lands, money, foodgrains etc., the mathadhipathi is held in great veneration by his devotees and disciples. this institution was registered under section 38 of the old hindu religious and charitable endowments act in 1939.4. according to the custom and usage of the math the successor to the peetham is by way of nomination by prdecessor mathadhipathi. ..... nomination of the matadhipathi. the matadhipathi may himself nominate his successor. the predecessor matadhipathi should keep in mind the prohibited grounds enumerated in sub-section (1) of section 5! and qualifications mentioned in section 53(2) of the act before he nominates the successor. the predecessor matadhipathi is the best person to adjudge among his disciples or any other persons, the most fitting ..... death of sri karibasava swamy, the predecessor matadhipathi the vacancy in the office of matadhipathi arose. on the other hand, even according to the endowment commissioner, as could be seen from the impugned order dt. 10-8-1992, the third respondent was nominated on 12-3-1984 as uttaradhikari by sri karibasava swamy. if that is so, there is ..... absolutely no scope for invoking the power granted to the endowment commissioner under section 52 of the act. under section 52 of the act, the endowment commissioner has the power to make an .....

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May 09 1997 (SC)

Sri Divi Kodandarama Saram and ors. Vs. State of A.P. and ors.

Court : Supreme Court of India

Decided on : May-09-1997

Reported in : JT1997(5)SC513; (1997)IILLJ788SC; (1997)6SCC189; [1997]Supp1SCR341

..... in as. narayana deekshitulu v. state of a.p. and ors. : [1996]3scr543 . therein, while upholding the constitutionality of various provisions, in particular, sections 34 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (30 of 1987) (for short, the 'act'), in paragraph 132 of the judgment, this court mentioned about total number of temples and of the temples which are assessable ..... which they render service on these special occasions. as and when the existing religious staff retires from service, in the order of seniority on age basis, the casual archakas whose names appears in the list maintained by the institution/temple, may be appointed on regular basis subject to their fulfilling the qualifications prescribed for the respective posts etc. necessary sanction for the payment of ..... .a. 35.75%hra 20% in hyderabad, secunderabad, visakhapatnam, kakinada, rajahmundry, eluru, vijawada, guntur, nellore, tirupathi, kurnool, warrangal and nizamabad. 12.5% in the towns where population crossed 50,000. 10% in all other places.cca. __________________________________________________________________ pay range (basic pay) hyderabad & visakhapatnam secunderabad & vijawada __________________________________________________________________ below rs. 1745 50 30 __________________________________________________________________ rs. 1745 and above but 75 30 below rs .....

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Sep 19 1997 (HC)

Jsn Chowdhury Vs. Government of A.P.

Court : Andhra Pradesh

Decided on : Sep-19-1997

Reported in : 1998(4)ALD473

..... goddessmatha kanyakaparameswari are not a denominational section for the purpose of article 26(b) and 26(d) of the constitution. at any rate, state's power to legislate on the property held by either a religious denomination or a religious institution is beyond dispute.10. a.p. charitable and hindu religious institutions and endowments act, 1987 (act no.30 of 1987) (for short 'the act') was enacted by the legislative ..... the right of a religious denominations or a section thereof; but its applicability to religious institutions like t.t.d. is rather limited in the light of the decisions of the supreme court in sri adi visheshwara of kashi viswanath temple v. state of u.p., : [1997]2scr1086 and sri kanyaka parameswari anna satram committee v. commissioner, hindu religious charitable and endowments, : [1997]3scr402 . in the ..... former one, it has been held that the temple of lord sri viswanath at varanasi is not a denomination temple. in the latter one it has been held that the hindu sections of the arya vysya community who worship ..... rs.25.00 crores on loan basis as per the earlier commitment. the government was accordingly addressed and the government in g.o.ms.no.45 dated 20-1-1997 agreed to the above proposal of the t.t.d. board, limiting the liability of t.t.d. to rs.25.00 crores, pending decision on other issues .....

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Dec 05 1997 (HC)

Gusidi Sankar Rao, Chinagadili Mandal, Visakhapatnam District Vs. Comm ...

Court : Andhra Pradesh

Decided on : Dec-05-1997

Reported in : 1998(4)ALD710

..... dismissed.7. however, coming to the second question, the learned counsel for the respondents submitted that in view of section 83 of the a.p. charitable & hindu religious institutions & endowments act, the petitioner is now a tresspasser. section 83 of the act gives power to the assistant commissioner to make a report to the deputy commissioner with respect to encroachers and the ..... the canteen. he further states that he has settled his dispute with the 3rd respondent who was the highest bidder an on 22-7-1997 the petitioner had paid rs. 10,000/- to him. these factors will not be of any use to the petitioner for getting a favourable decision in these proceedings because this ..... been able to deposit 6 months rent in advance, but that does not mean that the shop will not fetch more than rs. 6,422/-per month.10. for all the above said reasons, i do not find any merit in this writ petition and it is dismissed. however, the dismissal of this ..... . maheswar rao failed to pay the 6 months rent in advance and therefore the allotment was cancelled on 23-7-1996, and the initial deposit of rs.10,000/- was forfeited. he, the highest bidder approached the high court by way of writ petition no.18675/96 and obtained status quo orders on 6-9 ..... hills with effect from 31st august, 1980 at rs. 950/- per month. the lease was for three years. from 1983 the lease amount was enhanced by 10% for 1983-86, which was again enhanced by 15% from 1986-89 and from 1989-92 it was enhanced by 20%. for 1992-95 the lease .....

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Sep 24 1997 (HC)

M. Ramana Kumari and ors. Vs. Deputy Commissioner of Endowments, Guntu ...

Court : Andhra Pradesh

Decided on : Sep-24-1997

Reported in : 1998(2)ALD110; 1998(2)ALT439

..... the case may be, alone is competent to make appointments in the temples under the provisions of section 35 of the a.p. charitable hindu religious institutions and endowments act, 1987. therefore, it is stated that the appointments of these petitioners made by the then deputy commissioner, endowments, guntur are without authority and are liable to be set aside. it is also contended on behalf ..... the same.4. it is contended by sri. m. ramchandra reddy, learned counsel for the petitioners that all these petitioners were initially appointed by the then deputy commissioner, endowments department, guntur by following necessary procedure in the year 1993 in various categories and since then they have been discharging their duties. later, when there is a change ..... so, these petitioners allege that the present incumbent in the first respondent-office sought to terminate their services through the impugned proceedings on the instructions of the commissioner, endowments department which action according to the petitioners is illegal inasmuch as the first respondent has no authority to terminate their services without giving notice to them and seek ..... by the proceedings in rc.no. b3/8454/93 e.o.'s estt. dated 21-10-1993 issued by the first respondent, the present writ petition is filed.2. all these petitioners claim that they have been appointed by the deputy commissioner of endowments, guntur through various proceedings in various postssomewhere in the year 1993 and they have been discharging .....

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May 09 1997 (SC)

M.G. Chary and ors. Vs. Govt. of A.P. and ors.

Court : Supreme Court of India

Decided on : May-09-1997

Reported in : JT1997(5)SC498; 1997(4)SCALE238; (1997)5SCC388; [1997]Supp1SCR362

..... duties of archaka. they are not permitted even to enter the temple. the scheme may be framed with similar directions with regard to the mirasidars or pedda jeeyangar or chinna jeeyangar, as the case may be, which would be applicable to ttd.2. by operation of sections 34(2) and 144 of the andhra pradesh charitable and hindu religious institutions & endowments act, 1987 (for short, the 'act'), all the ..... hereditary rights stand abolished. the constitutionality of the said provisions has since been upheld; the mirasidars of shri padmavathi ammavari temple. tiruchanur have lost their hereditary rights. under section 142 of the act, the abolition shall not effect any honour ..... to which any former hereditary holder of office of shri padmavathi ammavari temple is entitled by custom. the performance of the religious ceremonies, poojas and worship in religious institutions according to the samparadayams and agamas followed therein is protected. it has .....

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May 02 1997 (HC)

T. Lakshmikumar Thathachariar Vs. the Commissioner, Hindu Religious an ...

Court : Chennai

Decided on : May-02-1997

Reported in : AIR1997Mad346; 1997(1)CTC744; (1997)IIMLJ642

..... to the administration and governance of hindu religious and charitable institutions and endowments in the stale of madras.22. section 5 of the said act, so far it is relevant for the purpose of this case, reads:--'5. (1) the madras hindu religious endowments act, 1926, is hereby repealed. (2) ..... (3) the following enactments shall cease to apply to hindu religious institutions and endowments, namely :-- (a) to (d) ..... (e) sections 92 and 93 of the code ..... arrayed in the writ petitions. the writ appeal no. 122/87 is filed challenging the order dated 29-10-1986 passed by the learned single judge in writ petition no. 5121/82. in writ appeal no. 141/97 the order dated 17-2-1997 made by the learned single judge in writ petitions no. 2082/97 is challenged.3. in writ petition ..... of the discussion made and reasons given by us above. hence the writ appeal no. 141 of 1997 is liable to be dismissed.45. the writ petition no. 5121 of 1982 was dismissed fay the learned single judge by his order dated 29-10-1986 rejecting all the contentions of the appellant. the contention that the impugned order came to be passed ..... appeal no. 121 of 1987 filed against the common order dated 29-10-1986 in w.p. no. 6722 of 1986, was already dismissed on 5-3-97 on the submission that it was not pressed.7. as already noiiced above, the petitioner filed w.p. no. 2082 of 1997 to issue a writ of declaration or any other appropriate writ, order .....

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Sep 02 1997 (HC)

P.S.R. Subrahmanyam and ors. Vs. Commissioner of Endowments and ors.

Court : Andhra Pradesh

Decided on : Sep-02-1997

Reported in : 1997(6)ALT346

..... preparation of list of charitable and religious institutions and endowments on the basis of income. section 8 speaks about the powers and functions of commissioner and additional commissioner. sub-section (1) of section 8 reads as follows:'sec. 8. powers and functions of commissioner and additional commissioner:-(1) subject to the other provisions of this act, the administration of all charitable and hindu religious institutions and endowments shall be under ..... the purposes for which they were founded or exist.'section 9 speaks about powers and functions of regional joint commissioner. section 10 speaks about powers and functions of deputy commissioner. section 11 speaks about powers and functions of assistant commissioner. section 12 speaks about powers of commissioner etc., to enter and inspect institutions and endowments. section 13 speaks about commissioner etc., to observe appropriate form ..... be dismissed.14. the writ petitions are accordingly dismissed.15. before parting with the matter, we would like to make it clear that in writ petition no. 11835 of 1997, the case of the petitioner who has been transferred from sri durga malleswara swamy varla devasthanam, vijayawada, to sri varahalakshmi narasimha swamy temple, simhachalam, stands on a different ..... -106 ,dt. 7-6-97.9. w.p.no. 13668/97 v. surya- ' rc.no. al/narayana 24393/97-109 24393/97-109 ,murthy dt. 7-6-97.10. w.p.no. 13696/97 ch. malli- ' annavaram rc.no. al/karjuna rao 24393/97-74,dt. 7-6-97.11. w.p.no.14544/97 b. gopi- .....

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Feb 06 1997 (HC)

Gram Panchayat of Teluguraopalem, Rep. by Its Sarpanch Vs. Srikakulesw ...

Court : Andhra Pradesh

Decided on : Feb-06-1997

Reported in : 1997(3)ALT229

..... hindu community or any section thereof, as a place of religious worship.'the temple and the pushkarini or the tank attached to the temple were the places of religious worship as we have already indicated above. in order to avoid any ambiguity the inclusive definition has been provided in subsequent andhra pradesh charitable & hindu religious institutions and endowments act (act 17 of 1966) and the andhra pradesh charitable & hindu religious institutions and endowments act (act ..... 30 of 1987). we are extracting the definition of temple given in both these acts as under:'temple means a place by whatever designation known, used as a place of public religious worship and dedicated to, or for the benefit of, or used as of right by, the hindu community or any section ..... government. he invited our attention to the definition of temple found under a.p. charitable and hindu religious institutions and endowments act, 1966 and a.p. charitable and hindu religious institutions and endowments act, 1987. under both the acts the definition of temple has been made an inclusive definition including subshrines, utsavamantapas, tanks ..... bath by the devotees and this fact has not been denied by the defendents. p.w.2 who is an archaka of the temple deposed that the tank water is used for teertham and for cooking naivedyam of the deity of the .....

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