Skip to content


Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1998 Page 1 of about 1 results (0.032 seconds)

Jul 23 1998 (HC)

Kolluri Suryanarayana Murthy Choultry Vs. Kolluri Lakshmana Rao and or ...

Court : Andhra Pradesh

Decided on : Jul-23-1998

Reported in : 1998(5)ALD507; 1998(5)ALT606

..... attached to the choultry. it is also the case of the plaintiff that the defendants registered the choultry as a charitable institution under section 38 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (hereinafter referred to as 'the act') in the office of the assistant commissioner, endowments department at rajahmundry vide his proceedings in r. dis no. b2, 9587/74 and a copy of the same ..... provethe contentions raised by them. next questionthat falls for consideration of the court wouldbe whether the respondents can be permittedto attack the findings of the trial court withoutfiling cross appeal. 10. it is useful to extract order 41, rule 22(1) of the code of civil procedure, which is as follows:'order xli rule 22 (1) any respondent, though he may ..... the department has no right to appoint a fit person to the choultry. on other aspects these defendants adopted the writ statement filed by defendants 4 to 6, 9 and 10.6. the first defendant by memo dated 1-7-1978 adopted the written statement filed by the 2nd defendant.7. after completion of the pleadings the learned subordinate judge, amalapuram ..... as the testator has no power to bequeath the properties for a charitable purpose. it is also his case that the high court in wp no.1479 of 1971 by an order dated 12-10-1972 declared that the suit schedule properties were always treated as private properties belonging to the joint family of late suryanarayana murthy and his sons. as the .....

Tag this Judgment!

Jan 23 1998 (HC)

A.B. Srinivasan Vs. State of A.P. and ors.

Court : Andhra Pradesh

Decided on : Jan-23-1998

Reported in : 1998(2)ALD640; 1998(3)ALT156

..... .r. subrahmanyam. v commissioner, endowments, 1997 (6) ald 57 rejected the above contention.2. section 39 of the a. p.charitable and hindu religious institutions and endowments act, 1987 lays down as follows:'section 39: transfer of office holders and servants :--(1) the commissioner shall have power to transfer any office holder or servant attached to a charitable or religious institution or endowment from that institution or endowment to any other institution or endowment in accordance with such ..... . 12775 of 1997 questioning the order dated 10-6-1997 passed by the third respondent consequent to the order of the second respondent dated 7-6-1997 directing transfer of the petitioner from sri swamy hathiramji mutt, tirupathi to sri veeranjaneya swamy temple, gandi, cuddapah district. the petitioner was working as senior assistant in sri swamy hathiramji mutt, which is an institution governed by the ..... provisions of a. p. charitable and hindureligions institutions & endowments act .....

Tag this Judgment!

Nov 16 1998 (HC)

Talla Bal Reddy Vs. Ram Raj Sudarshan Rao and Another

Court : Andhra Pradesh

Decided on : Nov-16-1998

Reported in : 1999(1)ALD206; 1999(1)ALT132

..... that the proper forum to decide any dispute as to the question whether any property is an endowment, if so, whether it is a charitable endowment or a religious endowment is the deputy commissioner of endowments as per clause (c) sub-section (1) of section 87 of the a.p. charitable and hindu religious institutions and endowments act 30 of 1987 and any person aggrieved by the decision of the deputy commissioner has a ..... arises out of an application filed by the petitioner under section 45(3) read with section 78(1) of the a.p. charitable and hindu religious institutions and endowments act 30 of 1987 before the deputy commissioner of endowments for deletion of the subject lands from the list of properties registered as endowed to sri ramalingeswara swamy temple in the endowments register of 1981 and to direct the second respondent i ..... is based on his claim that he is the protected tenant in respect of the schedule lands. a division bench of this court in islamia arabic college v. balaram singh, : 1997(4)alt90 , to which i am a party held that the question whether a person is a protected tenant or not, is a matter to be decided exclusively by the .....

Tag this Judgment!

Oct 13 1998 (HC)

Arulmigu Ramanathaswamy Devasthanam Represented by Its Executive Offic ...

Court : Chennai

Decided on : Oct-13-1998

Reported in : (1999)1MLJ145

..... and invoke its blessings.11. under tamil nadu hindu religious and charitable endowments act, temple is defined as, '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 thereof as a public religious worship.'12. under the hindu law, there is no distinction between religion and ..... consideration.10. what is the temple mean under the hindu law? it means 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 thereof as a public religious worship. the honourable supreme court in p.f. sadawarthy v. commissioner, hindu religious and charitable endowments : air1963sc510 , held,a religious institution ..... the orders of assessment made by deputy commercial tax officer, ramanathapuram whereby the petitioner is assessed to pay taxes under the tamil nadu tax on luxurious hotels and lodging houses act, 1981.2. ramanathapuram arulmigu ramanathasamy temple is running its cottages for occupation of the worshippers and pilgrims and used to collect rental charges from the occupants by issuing receipts. it .....

Tag this Judgment!

Sep 10 1998 (HC)

Tirumala Merchants Welfare Association and Others Vs. State of Andhra ...

Court : Andhra Pradesh

Decided on : Sep-10-1998

Reported in : 1998(6)ALD304

..... hills and 29 others for issue of a writ of mandamus or any other appropriate writ or direction declaring sub-section 3(a) (iii) of section 114 of ap. charitable and hindu religious institutions and endowments act, 1987 (act 30 of 1987) insofar as it prohibit possession, use or consumption of cigarettes including beedies and chuttas as ..... imposed by the provision is a reasonable restriction which is aimed at not only preserving the sanctity of the place and respecting the religious sentiments of the hindu community but it is also aimed at safeguarding and promoting the general health and welfare of the pilgrims who visit the tirumala hills ..... other petitioners are not represented.3. the learned counsel for the first petitioner sought to challenge the constitutionality of sub-section 3(a)(iii) of section 114 of the said act mainly on the ground that it is violation of the fundamental rights guaranteed by articles 14 and 19(1)(g) ..... question of legislative competence of the state legislature to pass the said enactment. the general presumption is in favour of the constitutionality of the act. the petitioners have not made any serious attempt to rebut the said presumption. the petitioners have also not disputed the claim of the respondents ..... which are considered to be very holy and sacred for the entire hindu community not only in india but all over the world. it is also stated that such a provision is not introduced in the act for the first time as stated by the petitioners and a similar .....

Tag this Judgment!

Jun 24 1998 (HC)

Alhari Narayana Swamy Vs. Commissioner, Endowments Department, Tilak R ...

Court : Andhra Pradesh

Decided on : Jun-24-1998

Reported in : 1998(4)ALD370; 1998(4)ALT286

..... by the petitioner and himself.2. the relevant provisions of subsection (5) of section 29 of a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the act') are extracted here below:'(5)(a) the executive officer appointed under this section shall be under the administrative control of, the trustee of the institution or endowment and shall be responsible for carrying out all lawful directions issued by such ..... bansilal patil v. state of a.p. & others, : [1996]1scr603 and the judgment of the division bench of this court dated 4-3-1997 in alhari narayana swamy v. the commissioner, endowments department & others, (writ petition no. 3140 of 1997), it should be held that the hereditary trustee has the power to maintain and operate the bank accounts of the temple along with ..... the effect that the trustee is entitled to have 'freedom of management' or the observation of the division bench of this court in writ petition no. 3140 of 1997 decided on 4-3-1997 are in no way helpful to the petitioner to contend that he is entitled to maintain and operate bank accounts on behalf of the temple jointly with the .....

Tag this Judgment!

Aug 17 1998 (HC)

Y. Venkateswarlu Vs. V. Narayana and ors.

Court : Andhra Pradesh

Decided on : Aug-17-1998

Reported in : 1998(6)ALT520

..... act and the act came into force with effect from 23-05-1987. section 34 reads as under:'34. abolition of hereditary rights in mirasidars, archakas and other office-holders and servants:-(1) (a ..... mirasi or hereditary right, it may be stated that hereditary rights have been abolished by the a.p. charitable and hindu religious institutions and endowments act, 1987. t.t.d. also in its written statement pleaded that right to tonsure is not a hereditary right. section 34 of a.p. charitable and hindu religious institutions and endowments act, 1987 has abolished all hereditary posts with effect from the date of commencement of the ..... d-1 to d-4/respondents 1 to 4 (iii) to what relief ?the learned first appellatte judge disposed of both the appeals by a common judgment dt. 22-7-1997. on reappraisal of the evidence on record, the first appellate court held both the points in a.s.no. 95/96 against the plaintiff in o.s.no. 123/92 ..... i.e., long after the expiry of the period of limitation. as such the suit filed by the appellant-plaintiff in o.s.no. 123/92 is barred by time.10. even if the right for tonsure is immovable property as contended by the counsel for the appellant, as such right has been transferred by his natural guardian-mother under ex .....

Tag this Judgment!

Jul 01 1998 (HC)

M. Ramesh Vs. Executive Officer, Sri Durga Malleswara Swamy Vari Devas ...

Court : Andhra Pradesh

Decided on : Jul-01-1998

Reported in : 1998(6)ALT465

..... on 24-10-1994. on 26-9-1997, he was acquitted in the criminal case. aggrieved by the punishment of stoppage of three increments with cumulative effect, the present writ petition is filed.3. the main argument of the learned counsel for the petitioner is that under section 37 of the andhra pradesh charitable and hindu religious institutions & endowments act, 1987, the servants attached to a charitable or religious institution or endowment, shall ..... breach of trust, misappropriation, incapacity, disobedience of orders, misconduct, violation of the code of conduct laid down or neglect of duty assigned by or under this act or other sufficient cause. under sub-section (2) of section 37, the power can be exercised by the executive officer. by exercising the rule making power, the government issued g.o. no. 830 prescribing the nature ..... orders.v. maruthi, j.1. this writ petition is filed challenging the order of the executive officer dated 24-10-1994 imposing a punishment of stoppage of three increments with cumulative effect.2. the petitioner was appointed as attender in sri durga malleswara swamy vari devasthanam, indrakhiladri, vijayawada. there was .....

Tag this Judgment!

Dec 29 1998 (HC)

Madepalli Venkata Durga Prasada Rao Vs. Sri Rameswara Swamy Vari Templ ...

Court : Andhra Pradesh

Decided on : Dec-29-1998

Reported in : 1999(1)ALD703; 1999(1)ALT684

..... terms and conditions of the lease relating to the said reasonable rent, under clause (e) of sub-section (1) of section 74 of the andhra i'radesh charitable and hindu religious institutions and endowments act, 1966 (act 17 of 1966). (2) against any order passed by the special officer under this act an appeal shall lie to the district judge having jurisdiction, within thirty days of he passing of the ..... thread of the proceedings from the stage where it wasleft by his predecessor and continue to function as an appellate authority under section 18 of the act and decides the appeal on merits. 10. on an analysis of the provisions of the act, it becomes obvious that the ratio of the decision in mukri gopalan's case (supra) squarely applies to the facts of ..... section 5 being one of them is, therefore, get attracted. 14. accordingly, in the instant case, the delay in filing appeal before the appellate authority deserves to be condoned, as the affidavit filed in support of the application for condonation of delay discloses sufficient cause for condonation of delay. the order under revision is, therefore, set aside. ia no.434 of 1997 ..... 'the act') for eviction of the petitioner herein from the schedule land on the ground of wilful default in payment of maktha and also on the ground that the petitioner herein converted the schedule land into a fish tank. the special officer-cum-prl. district munsif, kaikalur, allowed the said petition - a.t.c. no. 17 of 1993 on17-3-1997 and .....

Tag this Judgment!

Oct 16 1998 (HC)

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Oct-16-1998

Reported in : AIR1999Ker93

..... s. narayana deekshitulu v. stale of a.p., (1996) 9 scc 548: (air 1997 sc 3702) (archakas' case). in the above case, the constitutionality of sections 34,35,37,39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple in ..... arbitrary and violative of articles 14, 15, 19 and 21 of the constitution of india. petitioners have further contended that section 10 of the act insofar as it incorporates the word 'incestuous' before the word 'adultery' thereby making an aggravated form of adultery alone as aground for divorce for christian women ..... opposition from the community itself. as regards the scope of judicial intervention by court, it was submitted that it has been held by all courts that section 10 of the divorce act specifically sets forth the grounds on which the marriage can be dissolved and no additional grounds can be included by judicial construction of similar provisions in ..... adultery is also alleged and proved by her. it is, in the circumstances, that the petitioners have challenged the constitutional validity of section 10 of indian divorce act. both the petitioners have thus contended that section 10 of the divorce act, insofar as it makes 'adultery' also necessary to be established along with cruelty and desertion as a ground for divorce, is .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //