Court : Andhra Pradesh
Decided on : Apr-27-2000
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... learned brother hon'ble justice g. raghuram, while considering the scope and effect of section 80(1)(c) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 which requires that every sale of any immoveable property belonging to any charitable or religious institution or endowment shall be effected by tender-cum-public auction in the prescribed manner subject to the ..... .1224, dated 14-7-1997 is itself illegal and void being incontravention of rule 3 of the immovable properties (other than agricultural lands) lease rules, 1982, framed under the andhra pradesh charitable and hindu religious institutions and endowments act, which requires all the immovable properties other than the agricultural lands owned by the hindu religious institutions and endowments should be leased out only ..... 1scr989 , wherein the apex court deprecated the sale of land belonging to a charitable endowment by private negotiations instead of by public auction. i have, therefore, no hesitation in holding that g.o. rt. no.1224, dated 14-7-1997 is illegal and void as it is plainly in contravention of rule 3 of the ..... ', regimental bazaar, secunderabad, which is governed by the provisions of the a.p. charitable and hindu religious institutions and endowments act, 1987 (herein referred to as 'the act') and the rules made thereunder. in g.o. rt.no.1224 revenue (endts.ii) department, dated14-7-1997, the government of andhra pradesh took a decision to accept the offer of p. .....Tag this Judgment!
Court : Chennai
Decided on : Nov-15-2000
Reported in : (2001)1MLJ709
..... favour of the temple was vested in the temple's trustees, the benefits of g.o.ms.no.2000 was available. the division bench considered the definition of 'temple' under section 6(20) of the tamil nadu hindu religious and charitable endowments act and came to the conclusion that since there was dedication of the properties to a community which constitutes a considerable ..... the grant of exemption to the buildings belonging to religious institutions is to enable the institutions to get enhanced income by increasing their rents. the buildings were endowed to the public religious and charitable trusts for carrying out certain religious or charitable purposes. with the escalation of prices, the religious and charitable trusts are not in a position to carry out the endowment, if the income of the property is not ..... that, ' the plaintiff-temple is under the administration of the hindu religious and charitable endowment department and the managing trustee is appointed by the said department. in view of the above position, it has to be held that the suit temple is a public religious institution belonging to arya vaisya community and it is a religious trust....'10. in idol of sri kannika parameswari amman v. educational trust .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-07-2000
Reported in : 2000(5)ALD544; 2000(5)ALT366
..... made by the supreme court in pannalal bansilal patil v. state of andhra pradesh, : 1scr603 while upholding the constitutional validity of section 16 of the a.p. charitable and hindu religious institutions and endowments act 30 of 1987. it is further contended that assistant commissioner's order dated 5-6-1997 if at all could be revised by the commissioner in purported exercise of the power under ..... . 11. the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the act') itself is enacted as is evident from the statement of objects and reasons with a view to have a comprehensive law providing the better management of the properties and utilisation of funds of the institutions and endowments, abolishing the hereditary rights of archakas, mirasidars and other servants. the act intends to abolish the hereditary ..... power exercised by the assistant commissioner is not a delegated one. the assistant commissioner is originally vested with the power to register an institution or endowment under section 43 of the act and he is the authority under section 43(10) of the act to issue certificate after making such additions as may be necessary to the original registration.it is contended by the learned government. pleader .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-21-2000
Reported in : 2000(4)ALD440; 2000(4)ALT136
..... provisions of a.p. charitable and hindu religious institutions and endowments act, hereinafter called as the 'act', all the transfers of the servants of the institutions had to be made among the institutions and that power is vested with the commissioner, but there is no power to transfer the departmental officers to post as pa to the executive officer, which is prohibited under section 39 of the act. therefore he submits ..... entitled to transfer the departmental officer and post him as pa to the executive officer.7. under section 39 of the act, the commissioner has power to transfer any office holder or servants attached to a charitable or religious institution or endowment from that institution or endowment to any other institution or endowment in accordance with such rules as may be made by the government in this behalf. by virtue ..... order1. this writ petition is filed seeking writ of mandamus declaring the orders issued by the 1st respondent-commissioner of endowments, dated 6-5-1997 as illegal and contrary to law and for a consequential direction to the respondents to consider the candidature ofthe petitioner for promotion as pa to executive officer in accordance with .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-24-2000
Reported in : 2000(2)ALD581; 2000(3)ALT24
..... respondent). this decision was taken by the state government in g.o.ms.no.526 revenue (endowments-ii) department dated 15-6-1992 in purportedexercise of powers available to it under section 81(c) of the ap charitable and hindu religious institutions and endowments act, 1987 (hereinafter called 'the act' for short).4. subsequent to the said decision of the government, the second respondent issued a ..... the substantive procedural discipline ordained by the legislation. section 80(1) of the act, to the extent necessary is extracted hereunder:'80. alienation of immovable property:--(1)(a) any gift, sale, exchange or mortgage of any immovable property belonging to or given or endowed for the purpose of any charitable or religious institution or endowment shall be null and void unless any such ..... cum-public auction in the prescribed manner subject to the confirmation by the commissioner within a period prescribed :provided that the government may, in the interest of the institution or endowment and for reasons to be recorded therefor in writing, permit thesale of such immovable property, otherwise than by public auction.'7. a true and fair construction of ..... the legislation. in a public law proceeding matters such as the one referred to cannot be glossed over by reference to technical lacunae in the pleadings of the parties.10. the interest and competing claims of the petitioners, may be adversary but the obligation of the court, is to the public interest de hors the adversarial trajectory .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-04-2000
Reported in : AIR2000SC2220; 2000(3)ALLMR(SC)664; 2001(1)BLJR473; JT2000(4)SC157; 2000(3)SCALE61; (2000)3SCC689; 2SCR937
..... when the suit was pending in the trial court the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 [hereinafter referred to as 'the act'] came into force from january 26, 1967 and defendants nos. 4 to 12 filed a petition (o.a. no. 50 of 1969) under section 77 of the act before the third defendant in the suit and that petition ended in ..... no. 15/184 at chilakalapudi, masulipatnam measuring ac. 17-61 cents in which the plaintiffs have a half share is not subject to any public or charitable trust or endowment or provisions of the madras hindu religious and charitable endowments act, 1951 that the order g.o. ms. no. 1501 dated july 12, 1979 is void; and for certain other consequential reliefs. for purposes of ..... declaration made by the deputy commissioner under section 77 of the act the order made by him concluded the issue whether or not the suit property is a charitable or religious endowment. after the act came into force the deputy ..... property is private property and is not an endowment. such a question could have been decided in a proceeding under section 77(1)(d) of the act as to whether any property is an endowment and, if so, whether it is charitable endowment or a religious endowment. a person aggrieved could file a suit under section 78 of the act. since no such suit was filed the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-29-2000
Reported in : 2000(5)ALD661; 2000(5)ALT582
..... such a claim would be ex facie contrary to the provisions of the act.19. the ttd is a statutory organisation governed by chapter xiv of the a.p.charitable and hindu religious institutions and endowments act, 1987 (hereafter called 'act no.30 of 1987'). in exercise of powers conferred under section 97 read with section 153 of act no.30 of 1987, the governor of andhra pradesh made rules in ..... g.o. ms. no.311, revenue (endowments-i) dept, dated 9-4-1990. section 97 of act no.30 of 1987 lays down that ..... on the representation submitted by him. in the absence of such opportunity, the learned counsel urges that the proceedings dated 29-4-1995 cannot be sustained.10. i have perused the proceedings dated 24-6-1997 and 24-8-1999 issued by the ttd under which different persons were allotted shops on licence basis. these two proceedings deal with shopkeepers of moola ..... the trust board shall exercise powers and perform functions as laid down in the rules (hereinafter called 'the rules') in addition to the functions entrusted under the act. as per rule 196 of the rules, 10 1/3 sq.miles area around .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-25-2000
Reported in : 2001(1)ALT402
..... petitioner was transferred to srisailam devasthanam in june 1997. while working at srisailam devasthanam, the petitioner was placed under suspension and disciplinary proceedings were initiated by ..... lakshmi narasimha swamyvari devasthanam, yadagirigutta, dated 25-12-1997 placing the petitioner under suspension and initiating disciplinary proceedings are assailed. it is the case of the petitioner that he was appointed by the executive officer, yadagirigutta temple initially, which is the temple covered under section 6(a) of the a.p. charitable and hindu religious institutions and endowments act. after appointment and after serving for certain period the ..... committed while working at yadagirigutta temple. it is also the case of the petitioner that aggrieved by the said order, he filed a revision petition before the commissioner under section 92 of the act, in r.p.no. 7/98 and the same is still pending.2. learned counsel for the petitioner submits that it is a question of deciding the jurisdiction .....Tag this Judgment!
Court : Chennai
Decided on : Mar-31-2000
Reported in : AIR2000Mad414
..... consideration is whether the suit trust is a private trust or whether it is a religious institution as defined under hindu religious and charitable endowments act, 1959. section 6(18) of hindu religious and charitable endowments act 1959 states that :'religious institution' means a math, temple or specific endowments;section 6(19) of the said act states that :'specific endowment' means any property or money endowed for the performance of any specific service or charity in a math or temple ..... plaint. a perusal of these documents leave no doubt to come to the conclusion that the title deed ex. a. 10 is in the name of deity only and the government of travancore was exercising control over this institution from 1936 for a pretty long period and the suit institution was all along subject to the jurisdiction of the government in controlling the ..... down in swamikeela arasalwar dharmam, shencottah squarely applied to this case and the plaintiff trust is a private trust and this institution cannot come within the mischief of the act. bach case depends upon the facts and circumstances of that case.10. learned government advocate appearing for the respondents submitted that the entire management was done by the government and the temple and .....Tag this Judgment!
Court : Chennai
Decided on : Oct-12-2000
Reported in : 2000(4)CTC665
..... , and that prior proceedings under section 44-b of the madras hindu religious and charitable endowments act (ii of 1927) operated as a statutory bar against the devasthanam from contending that the inams comprised of both the varams. the division bench of this court held that the inams were service inams and therefore the resumption proceedings were properly instituted under section 44-b of act ii of 1927, that ..... only a kist (revenue) and it is not by way of rent from them in exercising the kudivaram right of the appellant-institution......''the appellants have established their rights to claim patta under section 8 (1) of tamil nadu act 30 of 1963. the appeal is allowed and the orders of the assistant settlement officer as well as the tribunal are set aside ..... granted in favour of devasthanam consisting of both the warams and not a personal inam. so holding the settlement officer granted patta in favour of respondent devasthanam under section 8(2) of tamil nadu act 30 of 1963. aggrieved against the order of the settlement officer, the appellants herein preferred an appeal before inam abolition tribunal, sivagangai. the tribunal too, by relying ..... and by putting up a pump sets for which he spent nearly rs.5,000. it was therefore claimed that the applicant was entitled for a patta under section 8(1) of tamil nadu act 30 of 1963.3. on behalf of the respondents, it was contended that by order dated 24.8.1967 in s.t.a.no.21 of 1961 .....Tag this Judgment!