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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 2001 Page 1 of about 2 results (0.065 seconds)

Sep 10 2001 (SC)

S. Pitchai Ganapathy and ors. Vs. Commissioner, Hindu Religious and Ch ...

Court : Supreme Court of India

Decided on : Sep-10-2001

Reported in : 2001VIIAD(SC)416; AIR2001SC2875; JT2001(7)SC544; 2001(6)SCALE218; (2001)8SCC460

..... it as a 'public temple'. the appellants filed an application in o.a. no. 23 of 1971 before the deputy commissioner, hindu religious and charitable endowments (aim) department, madurai under section 63(a) of the tamil nadu hindu religious and charitable endowments act, 1959 [hereinafter referred to as 'the act'] for a declaration that the temple in question is a 'private temple' of the appellants' family. the second respondent was ..... the right of the public. the stand of sri meenakshi sundereswarar temple and that of the commissioner, hindu religious & charitable endowments department, madras are identical.12. the trial court, as noted earlier, held that suit temple is not a 'religious institution' as defined under section 6(20) of the act. the learned single judge on appeal and the division bench of the high court in letters patent appeal ..... with their permission and they had never refused such permission at any time. the public also used to carry the sandal pot from the temple and each individual should pay 10 annas for the same. while the devotees come for such pooja, they used to collect fees from them which would be taken away by them. the tax had not ..... the contrary conclusion that the suit temple is not a 'private temple' which stood affirmed by the division bench of the high court on an independent examination of the matter.10. the gist of the allegations made by the plaintiffs-appellants in the suit is that their ancestors filed a suit in o.s. no. 278 of 1866 on the file .....

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Nov 02 2001 (HC)

Sametha Panduranga Swamy Temple, Amaravathi Village, Guntur District V ...

Court : Andhra Pradesh

Decided on : Nov-02-2001

Reported in : 2002(2)ALD177

..... public.13. the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 was enacted to consolidate and amend the law relating to administration and governance of charitable as well as hindu religious institutions and endowment in the state of andhra pradesh. the said act applies to the whole of the state of andhra pradesh. sub-section (3) of section 1 reads:it applies to-- (a) all public charitable institutions and endowments, whether registered or not ..... charitable institution constituted by them would come within the protective umbrella of article 26 of the constitution of india and in that view of the matter they cannot be deprived of their constitutional rights of managing their own property as is envisaged under clause (d) of article 26 of the constitution of india.10. drawing our attention, to section 29(5)(d) of the act ..... , which reads:(d) where there is no executive officer in respect of any charitable or religious institution or endowment, the trustee or the chairman of the board of trustees or any employee of any .....

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Oct 19 2001 (HC)

Commissioner of Endowments, Andhra Pradesh, Hyd. and anr. Vs. All Indi ...

Court : Andhra Pradesh

Decided on : Oct-19-2001

Reported in : 2001(6)ALD747; 2001(6)ALT539

..... f. it is not in dispute that it was also registered under the andhra pradesh charitable hindu religious institutions and endowments act, 1966 (act 17 of 1966) which act stood repealed and replaced by reason of section 155 of the a.p. charitable and hindu religious institutions & endowments act, 1987 (hereinafter referred to as the 1987 act). a notice dated 24.10.1987 issued by the joint commissioner intending to appoint board of trustees was the subject ..... were dealing with madras hindu religious and charitable endowments act, 1959, section 1(3) whereof reads thus:it applies to ail hindu public religious institutions and endowments including the incorporated devaswonms and unincorporated devaswoms.explanation:- in this sub-section, hindu public religious institutions and endowments do not include jain religious institutions and endowments.29. section 87 of the said act empowers the deputy commissioner to decide a question as to whether an institution or endowment is a charitable institution or endowment or not as also ..... rule 72 of the rules in relation to the present lease is concluded by the earlier decision of this court rendered in prem nath sharma v state of u.p. : [1997]3scr774 . from a bare perusal of the said judgment of this court it would be clear that the question as to whether rule 72 was applicable or not was never .....

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Nov 30 2001 (HC)

Assistant Commissioner, Endowments Department, Chittoor Vs. Arya Vysya ...

Court : Andhra Pradesh

Decided on : Nov-30-2001

Reported in : 2002(2)ALD796

..... prosecuting their higher studies and hence it is a specific charity. it was also pleaded that the said institution is required to be registered under section 30(8) of the hindu religious and charitable endowments act, act 17 of 1966 (hereinafter to referred to in short as act for the purpose of convenience) and the representatives of the said sangham had refused to registered it and ..... point of time in view of the general powers covered by clause 10.20. in fact, the deputy commissioner, endowments, kurnool had clearly observed that the evidence adduced relating to the nature of charities and charitable purposes is highly insufficient and it cannot be held that the institution is a charitable institution which had been in fact confirmed even by the learned district judge, ..... v. inland revenue commissioner (4) 1947 ac 447, said 'that the classification of charity in its legal sense into four principal divisions must always be read subject to the qualifications appearing in the judgment of lindley l.j., in re macduff (5). this classification was adopted in indian central parliament and various state legislatures. in deputy commissioner v. vijayawada ..... journals, periodicals and the like for the attainment of all of any of the objects of the sangham.9. to promote the spiritual and cultural life of the community.10. in general to pursue such other activities as may help the advancement of the community.19. the objects of the 1st respondent as specified above definitely disclose that most .....

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Aug 07 2001 (SC)

Teki Venkata Ratnam and ors. Vs. Dy. Commissioner, Endowment and ors.

Court : Supreme Court of India

Decided on : Aug-07-2001

Reported in : AIR2001SC2436; 2001(6)ALT8(SC); JT2001(6)SC295; (2001)3MLJ196(SC); 2001(5)SCALE81

..... under section 87 of andhra pradesh charitable and hindu religious institutions & endowments act, 1987'?2. in brief, the facts leading to the filing of this appeal are : it appears, a notice was issued by the inspector of endowments on 8-10-1975 to the executive officer of shri panduranga vitthal swami temple, chilakalapudi to register the said temple under sections 38 and 39 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 ..... (for short 'the 1966 act'). challenging the same, w.p. no. 5480 of 1976 was filed. the said ..... the administration and governance of charitable and hindu religious institutions and endowments in the state of andhra pradesh. section 1(3) of the act makes the act applicable to all public charitable institutions and endowments, whether registered or not, other than wakfs and it also applies to all hindu public religious institutions and endowments whether registered or not in accordance with the provisions of the act. section 2(23) of the act defines 'religious institutions' -- means a math, temple or .....

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Aug 21 2001 (HC)

Tirumala Tirupathi Devasthanam Vs. Chief Commissioner of Income-tax an ...

Court : Andhra Pradesh

Decided on : Aug-21-2001

Reported in : (2001)171CTR(AP)638; [2001]251ITR849(AP)

..... section 80g of the income-tax act, 1961 (for short 'the act'), seeking recognition in respect of three schemes mentioned therein.2. according to the petitioner, it is a charitable institution. it maintains ten temples specified in schedule i, 22 educational institutions and sri venkateswara poor home and sri venkateswara bala mandir, specified in schedule ii to the andhra pradesh charitable and hindu religious institutions and endowments act,_1987 (for short 'the endowments act ..... '). the petitioner, apart from the institutions specified in schedule ii to the endowments act, also runs hospitals and three deaf and dumb schools. it is stated that on an average 30,000 piligrims visit tirumala hills every day. a provision ..... institution or fund for any purpose other than a charitable purpose. this condition no. (ii) of sub-section (5) if read with explanation 3 makes it clear that the commissioner can refuse to grant recognition under section 80g of the act only in the event of finding that the claimed charitable purpose includes any purpose the whole or substantially the whole of which is of a religious .....

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Aug 17 2001 (HC)

B. Nagaiah and ors. Vs. Tirumala Tirupati Devasthanams, Tirupathi

Court : Andhra Pradesh

Decided on : Aug-17-2001

Reported in : 2002(2)ALD777

..... expiry of the licence period is wrongful and they are to be treated as encroachers, for evicting them, the devasthanam 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 ..... of the respondents only one witness as dw1 was examined and no documents were marked.6. the trial court by its judgment and decree dismissed the suit on 15-12-1997 holding that after expiry of the period for which the appellants were allowed to stay in the premises, they have to be considered as encroachers and they are not entitled ..... expiration of licence, is not entitled for grant of injunction either temporary or mandatory against the real owner. on this ground alone the second appeal is liable to be dismissed.10. now the question remains for consideration is what is the procedure to be followed by the respondent-devasthanam for ejection of the appellants from the suit schedule premises.11. this ..... purpose also, but the respondents having failed to fulfill their promise in spite of repeated requests made by them, made an attempt to evict them from the rooms at about 10 a.m., on 23-8-1994. the appellants obtained temporary injunction in the said suit against the respondents from evicting them from the premises,4. the respondents in their written .....

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Apr 24 2001 (HC)

Nalli Venkata Reddy Vs. Sri Lakshmi Narasimha Swamy Devasthanam, Anter ...

Court : Andhra Pradesh

Decided on : Apr-24-2001

Reported in : 2001(4)ALD409; 2001(3)ALT748

..... 7 shall not apply to any lease of land belonging to or given or endowed for the purpose of any charitable or religious institution or endowment, falling within the scope of sub-section (1) of section 74 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (act 17 of 1966), but the provisions of other sections of this act, shall apply toevery such lease, subject to the following modifications, namely: - ..... reasonable rent has been fixed under clause (e) of the said sub-section (1) of section 74, the word 'rent' shall be construed as the reasonable rent so fixed; and (ii)in sub-section (3) of section 10 and in sub-section (3) of section 12, for the expression 'subject to the provisions of sections 3 and 6' the expression 'subject to the provisions of clause ..... of the writ appellant, who questioned the jurisdiction of thetenancy tribunal in entertaining atc no.67 of 1996 filed under section 6 of the tenancy act for fixation of fair rent. the said application for fixation of ..... of writ petitions arise out of the andhra pradesh (andhra area) tenancy act, 1956 (hereinafter referred to as ' the tenancy act').2. wa no. 514 of 1997 has been preferred aggrieved by the judgment dated 14-3-1997 of the learned single judge rendered in wp no.4473 of 1997. by the said judgment, the learned single judge has repelled the contention .....

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Dec 19 2001 (HC)

S. Yadaiah and ors. Vs. Commissioner of Endowments, Government of Andh ...

Court : Andhra Pradesh

Decided on : Dec-19-2001

Reported in : 2002(1)ALD754; 2002(1)ALT127

..... publication of this notice in a.p. gazette.'2. this notification was issued under the provisions of clause (b) of sub-section (1)of section 80 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (act 30 of 1987) (hereinafter referred to as 'the act')-3. by this notification, the executive officer of the sree navagraha hanuman temple sought permission to sell the land belonging to ..... a reasonable price as they are already in occupation of the property. it is submitted by the learned counsel for the appellants that the earlier notification dated 8-10-1996 issued by the endowments department to sell the property by private negotiation has not been cancelled and, therefore, the present notification issued by the department is non-est in law and has ..... the property at rs. 2,100/- per square yard. in the objections, there is no reference to the sale of the property by private negotiation. by another objection dated 1-10-2001, the earlier representation has been reiterated. by this representation they requested again to allot the land to the occupants only as they are in occupation of the same for ..... submitted their objections on 14-9-2001 stating that they are the very old tenants of the temple land and that the temple has already issued a notification on 8-10-1996 seeking to sell the land in question by private negotiation. it is further stated that they are ready and willing to purchase the land at the rate of rs .....

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Dec 10 2001 (HC)

Narhar Raj and ors. Vs. Chennammachari (Died) by Lrs.

Court : Andhra Pradesh

Decided on : Dec-10-2001

Reported in : 2002(2)ALD805

..... arise for consideration in this appeal.(a) whether the scheme already framed in the suit continues to survive in the light of the provisions of section 42 of the a.p. charitable and hindu religious institutions and endowments act (act 30 of 1987)?(b) whether in the facts and circumstances, the commissioner-receiver can be any longer permitted to continue the affairs of management of ..... the subject temple?(c) to what relief?9. points (a) and (b) are interconnected and for the purpose of convenience can be discussed together.10. as already stated ..... supra, the factual matrix and the details relating thereto need not be discussed any further for disposing of this appeal. section 42 of the act deals with the overriding effect of the provisions of the chapter over the existing corresponding provisions ..... learned counsel, in fact, had traced the history of the litigation, commencing from the preliminary decree dated 23-10-1961 and also the series of events. learned counsel also had no doubt raised a controversy relating to the founders and archakas of the temple. but, however, contended that questions whether a particular set of persons are the founders of .....

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