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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 2003

Feb 27 2003 (HC)

Pushpagiri Mutt Vs. C. Indiramma

Court : Andhra Pradesh

Decided on : Feb-27-2003

Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348

..... arise for consideration in this second appeal:(a) whether the approval of the commissioner, endowments under rule 31(10) of the alienation of immovable property rules (gift, sale, exchange or mortgage of property) under sections 74, 86(3), 90(3)(a) read with section 107 of the a.p. charitable and hindu religious institutions and endowments act, is mandatory or directory?(b) whether the ground of deemed permission is sustainable ..... 1987 framed in exercise of the powers conferred by section 80 read with section 153 of a.p. charitable and hindu religious institutions and endowments act, 1987, act no. 30 of 1987. the learned counsel submitted that in view of the date of auction, the old rules alone are applicable to the present case. but however, the language of rule 31(10) of the old rules and rule 25(14 ..... in the facts and circumstances of the present case?(c) whether the commissioner, endowments also is .....

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Aug 20 2003 (HC)

V. Ramakrishna and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Aug-20-2003

Reported in : 2003(5)KarLJ417

..... records reveals that admittedly the karnataka hindu religious institutions and charitable endowments act, 1997 came into force from 1-5-2003 and section 78 thereof is the repeal and savings clause. by the said section three acts were saved and seven other acts including the mysore religious and charitable institutions act, 1927 (mysore act vii of 1927) were repealed with a proviso that section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899) shall be ..... charitable endowments act shall come into force with effect from 1-5-2003. he also submits that in absence of any repeal and saving clause the appellants have no vested right to interfere. more so, the 10 persons have accepted the order and only two have challenged this appeal.5. learned counsel for caveator-respondent 8, a. nagarajappa submits that the appellants cannot take ..... be applicable as if the said enactments are repealed and re-enacted by this act.10. section 6 of the karnataka general clauses act, 1899 reads as follows:'6. effect of repeal.--where this act or any mysore act or karnataka act made after the commencement of this act, repeals any enactment hitherto made or thereafter to be made, then, unless a different intention appears, the repeal shall .....

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Oct 15 2003 (HC)

Secretary to Government, Revenue (Endowments) Department and ors. Vs. ...

Court : Andhra Pradesh

Decided on : Oct-15-2003

Reported in : 2003(6)ALD225

..... amend the law relating to the administration and governance of charitable and hindu religious institutions and endowments in the state of andhra pradesh. the said act came into force in the whole of the state of andhra pradesh with effect from 26-1-1967. 34. clause (a) of sub-section (3) of section 1 of the act 17 of 1966 in clear and categorical terms declares that ..... regard to the purpose for which the gurukul ghatkeshwar has been established, it is a charitable institution as defined in the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (act 17 of 1966) and as well as the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (act 30 of 1987) and its properties are charitable endowments. the combined effect of these provisions is that an alienation made by the trust ..... accordingly recommended to its president - b.kishan lal to proceed further in the matter for the sale of the lands in his capacity as the president of the gurukul committee.10. that by another resolution passed on 164-1982, b.kishan lal, president of the gurukul ghatkeshwar trust, was further authorised to effect the sales of lands at khanamet and ..... disputed by the state as well as fit person about which we do not propose to make any further enquiry. 47. in mannalal khetan v. kedar nath khetan, (1997) 2 scc 424, the apex court stated the principle succinctly: 'it is well established that a contract which involves in its fulfilment the doing of an .....

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Apr 04 2003 (HC)

G. Subramanyam Naidu Vs. Commissioner of Endowments and ors.

Court : Andhra Pradesh

Decided on : Apr-04-2003

Reported in : 2003(4)ALD578; 2003(5)ALT157

..... a.p. charitable and hindu religious institutions and endowments alienation of immovable property rules, 1987 ('alienation rules'). rule 14 thereof requires the confirmation by the commissioner after the land is sold by tender-cum-public auction. in an un-reported judgment marked as chinta ramaiah v. govt. of a.r. wp nos.27286 of 1995 and 7014 of 1997 while considering section 80 of the endowment act as well ..... as the alienation rules, i have held that even while confirming the sale, it is competent for the commissioner to reject the same if he comes to a conclusion that the sale does not fulfil the objectives contained in section 80(1)(b). 10. in chenchu rami reddy v ..... . govt.of a.p., : [1986]1scr989 , the supremecourt considered section 80 ..... temple having failed in the attempt to evict the petitioner, it is alleged, colluded with the endowment department. the first respondent issued a public notice dated 6-9-1993 under section 80(1)(b) of the endowment act. the same was published in andhra jyothi daily newspapers on 12-10-1993 and also a.p. gazette on 11-11-1993. the first respondent invited objections .....

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Feb 13 2003 (HC)

Chinta Ramaiah and anr. Vs. the Govt. of A.P. Rep. by Its Principal Se ...

Court : Andhra Pradesh

Decided on : Feb-13-2003

Reported in : 2003(2)ALD723; 2003(3)ALT59

..... they are filed by the same petitioners with reference to the same cause of action. the writ petitions raise an important question as to interpretation of section 80 of the a.p. charitable and hindu religious institutions & endowments act, 1987 ('the act' for brevity) in relation to the power of the commissioner to accept or refuse sanction for effecting gift, sale, exchange and mortgage of any immovable property ..... sale of land belonging to the third respondent by his proceedings dated 22-11-1995. challenging the same, the petitioners filed another writ petition being w.p. no. 7014 of 1997 praying for a writ of mandamus declaring the proceedings of the second respondent dated 22-11-1995 as arbitrary and illegal.4. the second respondent has filed a counter affidavit ..... consideration while according sanction for selling the temple property by public auction. while confirming or refusing the sale, whether the commissioner is required to keep these factors in mind? 10. section 80 of the act does not, however, specifically require the confirmation of sale of immovable property by a temple after tender-cum-public auction is conducted. but, having regard to the language .....

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Nov 25 2003 (HC)

Gundala Krishna Reddy Vs. Tirumala Tirupati Devasthanams and anr.

Court : Andhra Pradesh

Decided on : Nov-25-2003

Reported in : 2004(1)ALD45; 2004(1)ALT631

..... was conducted on 22.10.2003 and was knocked down in favour of second respondent. the petitioner filed the present writ petition challenging the action of the first respondent in conducting public auction to sell away immovable property without prior sanction of the commissioner of endowments under section 80 of the andhra pradesh charitable and hindu religious institutions and endowments act (hereafter referred to as 'the act'), as illegal and ..... has no application to the ttd and therefore the auction conducted by ttd is valid.5. ttd was brought under charitable and hindu religious institution and endowments act, 1951, which was passed by madras legislature. thereafter when law was consolidated by andhra pradesh charitable and hindu religious institutions and endowments act, 1966, sections 85 to 91 provided a special regulatory regime for the organisation, administration and management of ttd. subsequently these provisions were ..... repealed and a.p. tirumala tirupati devasthanams act, 1979 was enacted exclusively providing for administration, management and organisation of ttd. again by act .....

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Dec 02 2003 (HC)

M. Sarojini Vs. Joint Commissioner, Endowments M.Z. Iii and ors.

Court : Andhra Pradesh

Decided on : Dec-02-2003

Reported in : 2004(1)ALD128; 2004(2)ALT90

..... orderv.v.s. rao, j.1. this writ petition arises under andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (act 30 of 1987) (hereafter called as 'the act'). the petitioner's husband was the tenant of premises bearing no. 1-3-1039 (part), belonging to sri mudigonda shankararadhya mutt, kavadiguda, hyderabad. after the death of petitioner's husband ..... either city civil court or district court or a court having jurisdiction in relation to a charitable religious institution or a specific endowment. the deputy commissioner acting under section 83 or 87 is not a 'court' and therefore section 89 has no application in relation to an application or legal proceedings under section 83.7. i have perused the judgment in w.a. no. 1769 of 2001 and ..... society and other persons who purchased the land. the government of a.p. also issued g.o. ms. no. 703 dated 30.9.2000 declaring the sale transactions up to 1997 effected by the then managing trustee as null and void and the commissioner and inspector general of registration and stamps, hyderabad was directed to take necessary action in the matter ..... batch dated 5.10.2003 relied upon by the learned counsel for petitioner. in the said case, the .....

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Nov 13 2003 (HC)

V. Narsing Raj Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Nov-13-2003

Reported in : 2004(1)ALD67; 2004(1)ALT484

..... whether the civil court is entitled to pass an order of injunction in a suit filed under sub-section (2) of section 84 of the a.p. charitable and hindu religious institutions and endowments act, 1987 ('the act') against the order of the deputy commissioner of endowments passed under section 83(1) of the act is the question. this question arises in the following background facts.2. the petitioner claims to be ..... before the third respondent, the in-charge executive officer gave evidence besides marking necessary documents. the petitioner herein opposed the application under section 83(1) of the act being o.a. no. 36 of 1998. by an order dated 10-4-2003, the third respondent declared the petitioner as an encroacher and directed him to vacate and handover the premises to the executive ..... and enforce the performance of his duties by attaching and selling his property;(e) make such other interlocutory orders as may appear to the court to be just and convenient. 10. in order to prevent the ends of justice from being defeated, every civil court shall have inter alia power to grant temporary injunction and in the case of disobedience commit ..... of the deputy commissioner in o.a. no. 36 of 1998, dated 10-4-2003. in that view of the matter, the regional joint commissioner ought not to have entertained any revision under section 92 of the act. further, when the act provides for a suit, a revision petition under section 92 is not maintainable. when revision petition itself is not maintainable, i am .....

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Mar 21 2003 (HC)

S.V.B.N.R. English Medium High School Vs. Commissioner of Endowments a ...

Court : Andhra Pradesh

Decided on : Mar-21-2003

Reported in : 2003(4)ALD173; 2003(4)ALT802

..... 227 of constitution of india is not maintainable inasmuch as, the applicant has an effective and alternative remedy of filing a revision before the government under section 121 of a.p. charitable and hindu religious institutions and endowments act, 1987 of the act. having not availed the said revisional remedy, it is not open for the petitioner to approach this court under article 227 of constitution of india ..... interference by the high court under article 227 of constitution of india, suffice it referring to the decision of the supreme court reported in achtananda baidya v. prafulla kumar gayen, : [1997]3scr709 , wherein the supreme court observed thus:'the power of superintendence of the high court under article 227 of the constitution is not confined to administrative superintendence only but such ..... under order 6 rule 17 seeking amendment.9. the question that calls for consideration is whether the petitioner has effective and alternative remedy by way of revision before the government?10. admittedly, this is an interlocutory application filed by the t.t.d. after a lapse of nearly 14 years. more over, any order passed by the authorities including an interlocutory .....

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Nov 05 2003 (HC)

P. Raja Lingam Vs. Commissioner of Endowments and anr.

Court : Andhra Pradesh

Decided on : Nov-05-2003

Reported in : 2003(6)ALD681; 2004(1)ALT460

..... . rao, j.1. the petitioner herein filed an application before the deputy commissioner of endowments under section 77 of the a.p. charitable and hindu religious institutions and endowments act, 1966 (hereinafter called 'the 1966 act') (the same provision is ipsiss ima verba as section 87 in the a.p. charitable and hindu religious institutions and endowments act, 1987 (hereinafter called 'the 1987 act') for a declaration that the property bearing municipal no. 742/12 (door no ..... . 5-3-742) does not belong to tulja bhavani temple and that the same is verified from the register of endowments ..... . the said application, being o.a. no. l of 1996, was allowed by the deputy commissioner of endowments on 26 .....

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