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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 2009 Page 1 of about 1 results (0.034 seconds)

Feb 10 2009 (HC)

Sri Vasantha Venugopala Swamy Vari Temple Rep. by Its Chairman Nuvvula ...

Court : Andhra Pradesh

Decided on : Feb-10-2009

Reported in : 2009(5)ALT743

..... the face of the averments made in the pleadings, without going into further details, the suits are clearly barred by virtue of section 151 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (hereinafter in short referred to as 'the act' for the purpose of convenience). the learned counsel also placed strong reliance on the decision in sri rama sri kanyakaparameswari srinagareswara swamy ..... paras 7 to 10 observed as hereunder.the uncertainty as to the applicability of the provisions of the a.p. (andhra area) tenancy act to the lands held by religious institutions was put at rest by a recent judgment of the supreme court. it was held that the provisions of the said act do not apply to the lands held by the religious institutions. section 82 of ..... remedies normally associated with actions in civil courts are prescribed by the said statute or not.(3) x x x x x. (4) x x x x x. (5) where the particular act contains no machinery for refund of tax collected in excess of constitutional limits or illegality collected a suit lies.(6) x x x x x (7) an exclusion of the jurisdiction of the civil court is not readily to be inferred unless ..... be set aside or to be confirmed or to be modified in the facts and circumstances of the case?(2) if so, to what relief the parties would be entitled?10. point no. 1:as specified supra, these civil miscellaneous appeals are filed by the temple aggrieved by the ex parte orders of interim injunctions made in the respective applications .....

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Mar 24 2009 (HC)

Sri M. Sanjeev Gowda S/O Sri Annaiah Gowda Vs. the Commissioner, Hindu ...

Court : Karnataka

Decided on : Mar-24-2009

Reported in : ILR2009KAR2254

..... in this behalf with regard to the age, qualification, db-qualification, antecedents, etc., and the committee of management may be constituted, as per the provisions of the act.(b)(i) sri ral submits that the impugned order is passed without jurisdiction. he submits that under section 25(1) of the karnataka hindu religious institutions and charitable endowments act, 1997, (for short 'the said act') the prescribed authority alone has the competence to ..... does not fall within the 2nd or 3rd schedule of the rules. therefore, the hon'ble minister for revenue was competent to decide the matter.10. he also brings to my notice the provisions contained in section 22(3) of the said rules, which provides for verification either by the prescribed authority or by an officer authorised by it.11. smt. ..... v. krishna for the respondent no. 5 submits that the first respondent commissioner's uncle was one of the applicants. he therefore sent the letters, dated 07.08.2006 and 10.08.2006 enclosing all the applications received by him to the government seeking the directions from the government with regard to the constitution of the committee of the management. if ..... not be made immediately. on the disposal of the writ petition no. 15827/2005 and writ appeal no. 3440/2005, the respondent no. 2 issued one more notification dated 10.07.2006 (annexure-c) calling for the applications. it was made clear in the notification that those who have already responded to the first notification need not apply again. the .....

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Jun 17 2009 (HC)

V.A. Chidambara Gounder and V.A. Palanivelu Vs. Commissioner, Hindu Re ...

Court : Chennai

Decided on : Jun-17-2009

Reported in : (2009)5MLJ925

..... that an application has been sent in the year 1987 in regard to the non-hereditary trusteeship claim.9. section 6(11) of the tamil nadu hindu religious and charitable endowments act, 1959 deals with hereditary trustee which means 'the trustee of a religious institution, the succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided ..... for by the founder, so long as such scheme of succession is in force'.10. significantly, section 6(20) refers to 'temple' ..... that they are holding office as hereditary trustees in arulmigu dhandayuthapani temple, at vedachanthur village, pollachi taluk, coimbatore district, within the meaning of section 6(11) and section 63(b) of the tamil nadu hindu religious and charitable endowments act, 1959 ?(2) whether the orders of first respondent/first defendant and second respondent/second defendant of h.r. & c.e. department dated ..... per ex.a7 and prior to 01.10.1994 the account details have not been submitted and in ex.a2 savings bank account details have been submitted from 1995 and the earlier accounts have not been submitted and when arrangements have been made for appointment of trustee post in they year 1997, they have filed the case.7 .....

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Apr 13 2009 (HC)

Sri. Kariyappa BIn Thippanna and ors. Vs. State of Karnataka Rep. by U ...

Court : Karnataka

Decided on : Apr-13-2009

Reported in : 2009(4)KarLJ692

..... a muzrai temple and no tasdik is being paid and temple owns no property and temple has no source of income, inspite of that, first respondent, contrary to section 23 of the karnataka hindu religious institutions and charitable endowment act, has issued the impugned notification vide annexure-d including the name of sri ramadevaru temple. therefore, these petitioners were constrained to assail the said notification in so ..... petitioners has vehemently submitted that, the impugned notification issued by first respondent vide annexure-d cannot be sustained in view of not following the ingredients as envisaged under section 23 of the said act, and it is liable to be quashed at threshold.5. per contra, learned counsel appearing for respondents, inter-alia contended and substantiated the impugned notification issued by the ..... first respondent and submitted that, the said notification has been issued in strict compliance of the relevant act and rules and therefore, interfere by this court is uncalled for. further, learned counsel appearing for respondents submitted that, after the lapse of more than four years petitioners have come .....

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Mar 03 2009 (HC)

Nukalapati Venku Reddy (Died) and ors. Vs. the Assistant Commissioner, ...

Court : Andhra Pradesh

Decided on : Mar-03-2009

Reported in : 2009(3)ALT467

..... petition was dismissed on 29-10-1998, leaving it open to the petitioner therein, to avail the remedy under the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the act'). though the said bujjaiah did not pursue the remedies, 13 disciples of the ashram filed o.a. no. 7 of 1999 before the deputy commissioner of endowments, guntur, under section 87(1)(b) of the ..... hindu charitable institutions and endowments in the state of a.p., till it was replaced by the a.p. charitable hindu religious institutions and endowments act 1968. the latter, in turn, was repealed and replaced by act 30 of 1987.19. an important feature of the 1987 act is that charitable institutions, whether or not hindu, are covered by it, whereas the religious institutions and endowments are required to be hindu, to be brought under it. reading of sub-section ..... (3) of section 1, which reads as under, makes .....

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Feb 10 2009 (HC)

immadi Chetty Ravindra Vs. Sri Kamakshi Devi Sametha,

Court : Andhra Pradesh

Decided on : Feb-10-2009

Reported in : 2009(3)ALT57

..... court has no jurisdiction to entertain a suit of this nature. the counsel had drawn the attention of this court to section 151 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (hereinafter in short referred to as 'the act' for the purpose of convenience). the learned counsel had taken this court through the elaborate grounds raised in the present civil ..... counsel representing first respondent- sri kamakshi devi sametha sri ramalingeswara swamivari devasthanam, ramatheertham, strongly relied on the decision in sri sanjeeva anjaneya swamy vari devasthanam, rajahmundry, represented by its archaka-cum-trustee, mattam venkata subrahmanayam v. thokkula dasaradharamayya and anr. writ appeal no. 1207/2008 dt. 25.11.2008 and would maintain that in the light of the ..... as defendant. the learned principal junior civil judge, kovur, by order dated 01.12.2008, allowed the said application granting temporary injunction till the disposal of the suit.10. aggrieved by the same, the revision petitioner, who is said to be the really affected party, filed the present civil revision petition under article 227 of the constitution ..... the code but not revisable under section 115 of the code, or under article 227 of the constitution of india.13. further reliance was placed on the decision in chinnareddivari ramachandra reddy and ors. v. archakam sreenivasa bhattar : 2006(1)ald539 wherein the learned judge of this court at paras 7, 8, 9, 10 and 11 observed as hereunder. thus .....

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Aug 28 2009 (HC)

S. Mohan Singh Vs. Bhairavi Matha Temple and ors.

Court : Andhra Pradesh

Decided on : Aug-28-2009

Reported in : 2010(1)ALT200

..... . a trustee of bhairavi matha temple, the 1st respondent herein filed o.a. no. 101 of 2001 before the deputy commissioner of endowment, hyderabad, against the appellant, under section 83 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (for short the act) for eviction from the schedule property. it was alleged that the temple is situated in an extent of 632 sq.mts in ..... ?6. on behalf of the appellant, p.w. 1 to p.w.3 were examined and exs.a-1 to a-16 were filed. in addition to that exs.x-1 and x-2 were also taken on record. the respondent did not adduce any oral or documentary evidence. on appreciation of the evidence on record, the trial court dismissed the suit ..... the facility of seeking a declaration to the effect that the religious institution does not hold the title to the property. in a way, it can be said that a suit of this nature is an extension of the quasi judicial proceedings instituted before the deputy commissioner of endowment, under section 83 of the act.10. in the ordinary course, the plaintiff in a suit has to ..... prove his right or title pleaded by him. for that, he may simply rely upon the provisions of law if any, that confer such rights or may have to adduce evidence in support of his rights. however, in a suit filed under section 84 .....

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Apr 21 2009 (HC)

Hanumanthu Krishna Rao and ors. Vs. the Sub-registrar, Ponduru and anr ...

Court : Andhra Pradesh

Decided on : Apr-21-2009

Reported in : 2009(4)ALT511

..... on behalf of the temple, the only alternative for the petitioners is to seek a declaration, either by filing a suit, or by instituting the proceedings under section 87 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the endowments act'). 6. in his counter-affidavit, the 2nd respondent stated inter alia that the land of ac. 6.26 cents in sy. no. 154 ..... transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by religious and charitable endowments falling- under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so.(d) agricultural or urban lands ..... principle, that no man can convey a better title, than what he possesses; gets attracted. that, however, is a different aspect, and not in the domain of the 1st respondent.10. the a.p. state legislature amended the registration act, 1908 by adding section 22-a. to the extent it is relevant, for the purpose of this case, it reads as under.11 .....

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Apr 28 2009 (HC)

Sri Neelayamma Choultry Rep. by Its Manager, Sri B. Trimurthulu Vs. th ...

Court : Andhra Pradesh

Decided on : Apr-28-2009

Reported in : 2009(4)ALT755

..... l. narasimha reddy, j.1. the petitioner is a choultry registered under the a.p. charitable and hindu religious institutions and endowments act (for short 'the act'). it was endowed an extent of ac.23.24 cents of land in t.s. no. 36, m.n. ward of kothapeta, vizianagaram district, ..... between, satisfying himself, as to valid legal basis, on the one hand, and avoiding adjudication of disputed questions, on the other hand. section 8 of the act itself mandates that disputed questions of title, must be decided by civil courts.12. the powers of an appellate or revisional authority are almost ..... totally different view was taken to the impugned proceedings.9. for all practical purposes, the 1st respondent was exercising powers under sub-section (5) of section 5 of the act, against the issuance of pattadar pass books to respondents 2 to 7. the said provision does not vest suo motu powers in ..... district collector, visakhapatnam, in the court of district judge, visakhapatnam, with a prayer to frame a scheme, under section 92 of c.p.c., for administration of the three institutions. through its judgment dated 05-10-1953, the district court framed a scheme. the properties in schedules 'a', 'b' and 'c' were earmarked ..... the 1st respondent.10. an appeal has to be preferred by an aggrieved party. that question becomes relevant at this stage. the reason is that .....

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Apr 09 2009 (HC)

Sri Venugopala Swamy Vari Devasthanam Vs. Assistant Commissioner of En ...

Court : Andhra Pradesh

Decided on : Apr-09-2009

Reported in : 2009(15)ALT574

..... . the district collector, vizianagaram, and the mandal revenue officer, shall conduct enquiry, based upon the entries made in the registers, maintained by the endowments department, under section 43 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the endowments act'), and come to a conclusion, with regard to the claim of the petitioner therein. it is in this context, that the 2nd respondent conducted ..... adangal and f.c.o., fair adangal records should be supported by an order. there is no such order as to the change of ownership mentioned in v.a. no. 10(1). the v.a. no. 3 adangal of f.1107 reveals that the land is in possession and enjoyment of the review petition. the settlement record and the local enquiry ..... i.e., bhaskaracharyulu tank is a sarcar poramboke. hence the entry made in the remarks column of f.c.o fair adangal might not be correct.in v.a. no. 10(1), there is an entry showing that s. no. 7-1, was granted p. no. 389 to the deity. as per rules framed under f.c.o., the change of ..... records.it is relevant to mention that the 2nd respondent took note of the fact that the petitioner was granted ryotwari patta under the inams act. the observation reads as under:as per v.a. no. 10-1, a ryotwari patta bearing no. 489 was issued in favour of sri venugopalaswamy vari devasthanam for s. no. 7 measuring an extent of acs .....

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