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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 1999

Jun 21 1999 (HC)

Parsi Zoroastrian Anjuman of Secunderabad and Hyderabad and Others Vs. ...

Court : Andhra Pradesh

Decided on : Jun-21-1999

Reported in : 2000(1)ALD482; 2000(1)ALT256

..... of 1987 is applicable only to hindu religious institutions/ endowments and is not applicable to non-hindu religious institutions/ endowments;(2) that a.p. act 30 of 1987 is applicable to all the charitable institutions regardless of any religion.(3) the petitioners in both the writ petitions have to work out the remedies by invoking the provision contained under section 87 of a.p. act 30 of 1987.(4) a time of two ..... clauses (6), (7) and (8). mode and manner of conducting meetings etc., is provided in clauses (9) and (10). other clauses may not be necessary for discussion. suffice it to say that the trust deed of 1941 makes a provision for both religious and charitable purposes and unless an enquiry is conducted into the same and a fact finding is arrived at, it ..... and then the cheque was issued on 18-12-1968 and after realisation of the amount, the receipt dated 10-1-1969 was issued. there was no demand made by the authorities for payment of any endowment fees either under 1966 act or 1987 act. from the facts, it is clear that no power was exercised by the respondents 1 and 2 relating to ..... judgment of a division bench ofthis court in pabun v. state o/a.p., 1997 (l)ald 171.9. the respondents 3 and 4 and respondent-party-in-person have also made their submissions to similar effect. a contention is also raised that 'parsi' is not a religion.10. apart from the contentions raised, we were adverted to the several material papers .....

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Apr 28 1999 (HC)

Executive Officer, Group Temples, Guntur Vs. Dasaratha Rama Rao and Ot ...

Court : Andhra Pradesh

Decided on : Apr-28-1999

Reported in : 1999(4)ALD164; 1999(3)ALT466

..... ald 1187. that was a case where appointment was made under section 27(2)(b) of the repealed a.p. charitable and hindu religious institutions and endowments act, 1966 (hereafter referred to as the 'repealed 1966 act'). the said action was under section 27 of the repealed 1966 act. at that point of time the office of hereditary trustee was ..... in the instantcase was by the commissioner and was obviously under section 8 of the act. this court has held in g.r. murthy v. government of andhra pradesh, 1997 (5) ald 285, that appointment of executive officer under section 8 of the act is valid. this view was confirmed by us while dealing ..... petitions bearing numbers 10277 of 1991, 13210 of 1991, 6025 of 1992, 11390 of 1992, 12518 of 1994,20938 of 1994, 18179 of 1997, 30426 of 1997 and 2375 of 1998 are dismissed.17. wa no. 1940 of 1998 is dismissed. wa no.461 of 1999 is allowed and the writ ..... rejecting the petition for review which was made by the appellant before the learned single judge for reviewing the orders in wp no.] 1037 of 1997 disposed of on 24-6-1998. the review petition was rejected on 4-8-1998. in the writ petition filed by the appellant, ..... qualification of trusteeship while section 19 sets out the disqualifications for the trusteeship. the hereditary trustees has no right in our opinion, except of being appointed as trustees in the board of trustees when constituted, subject to they being qualified under the provisions of the act. presently we are not concerned about this aspect.10 .....

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Dec 23 1999 (HC)

N.B. Gangadarayya Vs. Executive Officer, Sri Bramarambha Mallikarjuna ...

Court : Andhra Pradesh

Decided on : Dec-23-1999

Reported in : 2000(1)ALD375; 2000(1)ALT103

..... dealt with by section 35 of a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the act'). the said provision envisages that every vacancy, whether permanent or temporary, amongst the office holders or servants of a charitable or religious institution or endowment shall be filled by the trustee. it is, however, provided that in the case of a charitable or religious institution or endowment whose annual income exceeds rs.10 lakhs, the executive ..... the office holders and servants of the charitable or religious institution or endowment, shall be such as may be prescribed. evidently, the expression 'as may be prescribed' means, prescribed by the rules. section 36 of the act prescribes qualifications for being appointed as or for being an archaka of a religious institution, with which we are not concerned for the present. section 37 of the act deals with the punishment of office ..... holders and servants. section 37(1) of the act confers jurisdiction upon the trustee to initiate disciplinary proceedings against all office holders and servants attached to a charitable or religious institution. it .....

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Sep 16 1999 (SC)

Sri Kanyaka Parameswari Anna Satram Committee and ors. Vs. the Commiss ...

Court : Supreme Court of India

Decided on : Sep-16-1999

Reported in : AIR1999SC3567; JT1999(7)SC1; 1999(5)SCALE598; (1999)7SCC666

..... appellant initially challenged the constitutionality of section 27 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (hereinafter referred to as the 'act').4. this court in kakinada annadana samajam, etc. v. commissioner of hindu religious & charitable endowments, hyderabad and ors. : [1971]2scr878 , while upholding the validity of section 27 of the act, directed that the issue whether the appellant-institution and similarly established institutions are religious denominations within the meaning of article ..... secular authorities in accordance with law. this is to ensure that the institution and its endowment are preserved and not destroyed in the guise of autonomy in matters of religion. it is not for the purpose of enabling the taking over of the administration from the denomination by any secular authority.10. the law must leave the right of administration to the denomination ..... itself subject to such restrictions and regulations as may be provided by law. but such law if it takes away the right of administration from the hands of the religious denominations altogether and vests it in any other authority, it .....

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Feb 26 1999 (HC)

President, Trust Board, Amba Bhavani Temple and Hanuman Temple, Mahabo ...

Court : Andhra Pradesh

Decided on : Feb-26-1999

Reported in : 1999(3)ALD27; 1999(2)ALT636

..... writ appeal no.1193 of 1998 inter alia contending : the scope of proceedings under section 71 of the a.p. charitable & hindu religious institutions and endowments act (a.p. act xv11 of 1966) (for short 'the act') were not properly placed before the learned judge and authorities below. the proceedings under section 7! of the act were instituted with the revenue divisional officer (r.d.o) at the instance of the assistant ..... commissioner, endowments, for resumption of lands owned by the endowment. sections 71 and 72 of the act are para materia ..... with sections 77 and 78 of a.p. act xxx of 1987. the genesis of the provisions lies in section 35 of the madras hindu religious & charitable endowments act, 1951. the .....

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Apr 30 1999 (HC)

K. Venkata Raju Vs. Govt. of A.P. Revenue (Endts.-i) Dept., Hyderabad ...

Court : Andhra Pradesh

Decided on : Apr-30-1999

Reported in : 1999(4)ALD291; 1999(4)ALT297

..... were no rules governing the conduct of executive officers. the rules have been framed by the government under the powers vested in the government under section 107 of the a.p. charitable and hindu religious institutions and endowments act, 1966 (for short 'the act, 1966'). an employee will be governed in respect of his service conditions, by such rules as may be framed from time to time unless ..... vallidevasenasametha subrahmanyeswara swamy temple, singarayapalem, krishna district. it is stated in the affidavit of the petitioner filed in support of (wp no.31388/1997) that while he was working as executive officer as above mentioned, the commissioner of endowments by his order in rc.v2/31390/ 96-1, dated 23-11-1996 has suspended him pending enquiry into the charges. questioning the ..... was suspended by the tribunal, whether it was open lo the government to pass the impugned orders dated 8-7-1997 suspending the petitioner. this contention is based on the prohibition enjoined in subsection (4) of section 19 of the administrative tribunals act, 1985, which reads as follows :'19(4). where an application has been admitted by a tribunal under subsection (3), ..... the government in memo no.33758/endts.l/a2/97-l dated 8-7-1997 contains a reference to the letter from the commissioner of endowment dated 22-5-1997, which he appears to havewritten after the order passed by the commissioner was suspended by the tribunal on 10-4-1997 in oa no.7979 of 1996. this clearly shows that the impugned orders were .....

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Jun 28 1999 (HC)

Bhimeswara Swami Temple, Bheemavaram, W.G. Dist. Vs. M. Chalapathi Rao ...

Court : Andhra Pradesh

Decided on : Jun-28-1999

Reported in : 1999(4)ALD201

..... unauthorised structures. (e) consequent on a petition made by the appellant to the 2nd respondent under section 83(2) of the a.p. act 30 of 1987 (a.p. charitable and hindu religious institutions and endowments act), registered as oa 373 of 1997, the 2nd respondent issued a notice dated 16-12-1997 to the 1st respondent calling upon him to remove the encroachment. the alleged action of the 1st ..... any such structures hereinafter, failing which appropriate action would be taken. (d) the 1st respondent got issued reply notice through his counsel dated 14-5-1997. thereupon on 19-8-1997, atc no. 19 of 1997 was instituted by the appellant against the 1st respondent in the court of the tenancy special officer-cum-district munsif, bhimavaram, seeking relief of eviction of the 1st ..... 2) for the same relief is not permissible, particularly since the 1st respondent cannot be deemed to be an encroacher which fact alone would entitle recourse to action under section 83 of the act. this submission having commended itself to the learned single judge, the writ petition was allowed by the judgment under appeal. (g) the learned single judge held that since ..... as an encroachment and the 1st respondent an encroachcr, thus falling within the scope of action available under section 83(2) of the act. (f) assailing the same, the 1st respondent filed wp 10119 of 1998 seeking invalidation of the notice dated 16-12-1997. in the hearing of the said writ petition the short ground urged by the 1st respondent was that .....

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Oct 13 1999 (HC)

N. Rama Raju Vs. Tirumala Tirupathi Devasthanams and Others

Court : Andhra Pradesh

Decided on : Oct-13-1999

Reported in : 2000(1)ALD73; 1999(6)ALT304

..... of the licence period is wrongful and they are to be treated as encroachers, for evicting them, the devasthanams has to follow the procedure prescribed under section 83 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 and until such time they are evicted by following the due procedure prescribed by law, the appellants are entitled to continue in possession and such ..... suits are the licensees to run janatha canteens at different places on tirumala hills. they were granted the licence by the tirumala tirupathi devasthanams for one year from 5-10-1997 to 4-10-1998. before the expiry of the licence period i.e., on 27-8-1998, the plaintiffs made a representation to the devasthanams seeking renewat/extention of the licence ..... temporary injunction. the lower court further held that the plaintiffs obtained the orders of status quo on 9-11-1998 suppressing the fact that they received the proceedings dated 28-10-1998 of the devasthanams rejecting their request for renewal of the licence and they are, therefore, disentitled for the equitable relief of injunction.3. according to the respondents after ..... the plaintiffs calling upon them to clear all the dues, if any, towards the licence fee and hand over possession of the janatha canteens on the afternoon of 4-10-1998 positively. the plaintiffs thereupon made a further representation dated 22-9-1998 stating that they incurred heavy loss in the business and requesting the devasthanams to renew the licences .....

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Sep 30 1999 (HC)

Govt. of A.P. Vs. G. Rajendranath Gound and Others

Court : Andhra Pradesh

Decided on : Sep-30-1999

Reported in : 1999(6)ALD147; 1999(5)ALT761

..... that rajandernath goud was not the hereditary trustee of the temple as per section 43 register of the a.p. charitable and hindu religious institutions and endowments act, 1987 (hereinafter referred to as 'the endowments act, 1987') (which is equal to section 38 register of the a.p. charitable and hindu religious institutions and endowments act, 1966 and hereinafter referred to as 'the endowments act, 1966'), in which entries are made regarding the nature of the temple ..... v. state of a.p. 's case (supra), also declared the same law regarding the archakas, mirasidars and the servants of the institution, by holding that all the hereditary rights stood abolished, by virtue of section 34 of the endowments act, 1987, except whatever is saved by the act. the learned counsel appearing for the respondent no.1 contended that in a subsequent judgment reported ..... disposing of both of them, since they involve common questions of facts and law.2. crp no.2037 of 1998 is filed challenging the judgment and order dated 16-12-1997 passed by the chief judge, city civil court, hyderabad on his file in cma no.261 of 1994. by this order, the appeal filed by the government of ..... of the matter, we find that the impugned orders of the deputy commissioner and the appellate authority are not sustainable and accordingly they are liable to be set aside.10. wp no.26985 of 1988 is filed by respondent no.1 for implementing the orders that are liable to be set aside. since the impugned orders are liable to .....

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Jul 27 1999 (HC)

Hitakarini Samaj, Rajahmundry Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Decided on : Jul-27-1999

Reported in : 1999(5)ALD324; 1999(4)ALT668

..... the writ petition is not maintainable as on the date of its nstitution it is governed by the hindu religious and charitable endowments act andunder the management of an executive officer appointed under the provisions of the said act, who alone is authorised to institute proceedings on behalf of the institution.(b) that the private management in the year 1968 has leased out an extent of 2029 sq ..... management, the state government in g.o. ms. no.ssl, dated 21-9-1976 accorded exemption under sections 15 and ..... , are as follows in brief:(a) the i litakrini samaj, rajahmiindry, was notified as a charitable institution by a publication, dated 14-10-1968 issued under the provisions of a.p.act 17 of 1966 (for short '1966 act') it was also registered as a charitable institution under section 38 of the 1966 act in a proceedings dated 4-5-1972.(b) on an application made by the private ..... by, dated 10-12-1981 again issued orders exempting the samaj from the purview of sections 15 and 27 of the 1966 act, for a period of 3 years. after issue of the above orders, there was a public outcry alleging mismanagement by the private management and that the purposes for which the institutions were brought into existence by the .....

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