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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 2012 Page 1 of about 3 results (0.033 seconds)

Aug 27 2012 (HC)

The Executive Officer, Arulmigu Yoganarasimmar Devasthanam, Chennai Vs ...

Court : Chennai

Decided on : Aug-27-2012

..... to compel the devasthanam to alienate or to direct the commissioner, hindu religious and charitable endowments or the state government to accord approval for sale of property of religious institution, unless the mandatory requirement under section 34 of tamil nadu hindu religious and charitable endowements act are satisfied. (i) the mandatory requirement under section 34 (1) of the tamil nadu hindu religious and charitable endowments act have to be complied with by the commissioner before according sanction for ..... penurious circumstances of the plaintiff. only because the plaintiff is under penurious circumstances he is fighting to get the sale deed in his favour, for a meagre extent of 57 x 35 feet, for a period crossing silver jubilee. 21. therefore the filing of the suit informa-paupries cannot be a ground to conclude that the plaintiff will never have the ..... plaintiff was entitled for a direction as prayed for? (ii) to what other relief? additional issue:- (i) whether the suit property is properly valued for the purpose of court fees?" 10. the trial court has given a finding that as admitted by d.w.1 in his evidence, during the year 1984, the second defendant has passed an order to sell .....

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Jan 06 2012 (HC)

Arulmigu Vaithianathaswamy Devasthanam Vs. the Hindu Religious and Cha ...

Court : Chennai

Decided on : Jan-06-2012

..... . it is not in dispute that arulmigu shri vaithianathaswamy koil is a temple defined under section 6(20) of the tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter referred to as h.r.&c.e. act). it is also a religious institution as defined under section 6(18) of the h.r.&c.e. act and therefore all the provisions and rules made under would be applicable to it ..... government under the said section to make rules is rather exhaustive. the following clauses of the said provision are extracted hereunder: 116(2)............... (vii)the budgets, reports, accounts, returns or other information to be submitted by trustees; (x)the proper collection of the income of, and the incurring of expenditure by, religious institutions; (xi)the custody of the moneys of religious institutions, their deposit in, and ..... the interest of the petitioner as well. considering the element of fairness which has been held by the honourable apex court in asha sharma vs. chandigarh administration and others [(2011) 10 scc 86] as follows: 14.action by the state, whether administrative or executive, has to be fair and in consonance with the statutory provisions and rules. even if no rules .....

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Oct 10 2012 (HC)

Arulmigu Vaithianathaswamy Devasthanam Rep. by Its Hereditary Trustee ...

Court : Chennai

Decided on : Oct-10-2012

..... temple. sri-la-sri gurumaha sannithanam of dharmapuram adheenam is the hereditary trustee of the said temple. the petitioner/temple is governed by the tamil nadu hindu religious and charitable endowments act, 1959 [hereinafter referred to as "the hr & ce act"]. as of now, there are roughly about 162 employees working in the petitioner temple. in respect of the pay and emoluments to be paid to ..... , whether permanent or temporary, among the office-holders or servants of a religious institution shall be filed up by the trustee in all cases. explanation.- the expression "office-holders or servants" shall include archakas and pujaries. (2) no person shall be entitled to appointment to any vacancy referred to in sub-section (1) merely on the ground that he is next in the line ..... , this court has made the following observation:- "15. it is no doubt true that the government order passed earlier in g.o.ms.no.257, tamil development culture and religious department dated 10.06.1998 is prior to the amendment. however, we are not concerned with the government order as such but with the power of the first respondent in imposing the .....

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Apr 27 2012 (HC)

K.Neelamega Bhattachariyar. Vs. the Commissioner and anr.

Court : Chennai

Decided on : Apr-27-2012

..... contended that rule 5 of the tamil nadu hindu religious institutions (officers and servants) service rules,1964 will apply to him. as per rules, a person will have to retire from service after 60 years of age. explanation to section 55 of the tamil nadu hindu religious and charitable endowment act makes it clear that the term servant will include even archaka and poojari. similar question was considered in ..... the case of dr.s.viswanatha sivachariyar as referred to by the learned advocate general. the hereditary principle of appointment of archakas was done away by the amendment act 2 of 1971. when ..... of the amount collected by the temple by way of kanikkai. the declaratory suit was tried by the district munsif court, cuddalore. by a judgment and decree dated 28.10.1997, the suit was dismissed without granting any relief. the trial court while framing issues found whether the petitioner being plaintiff is entitled for any declaratory relief. in the operative ..... a second appeal being s.a.no.702 of 2000. though the second appeal is still pending before this court, no interim order was granted in favour of the petitioner.10. in ground no.15 of the memorandum of grounds of appeal, the petitioner had raised the following ground : 15. the courts below erred in holding that the plaintiff .....

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Mar 20 2012 (HC)

Sri Bhaktanjaneya Swamy Vari Devalayam T Vs. 1) to Whom So Ever It May ...

Court : Andhra Pradesh

Decided on : Mar-20-2012

..... the archakas and the sweeper and expenses towards nitya sevas, poojas etc. the learned district judge ordered publication of notice in the t.o.p. in two daily newspapers on 13-2-2007 calling for objections from the general public. after publication of the said notice, the assistant commissioner, endowments, khammam, registered the property under section 47 of the a.p. charitable and hindu religious institutions and endowments act ..... an unanimous resolution on 9-7-2006 for reconstruction of the dilapidated temple and providing better facilities to the devotees out of the income from the petition schedule property. on 10-7-2006, the petitioner-trust board entered into an agreement with one telaprolu ramaprasad, who has got himself impleaded as respondent no.4 in the c.r.p.no.5784 ..... ex.a-1-gift deed on 16-6-1966, which was registered as document no.3281/1966, in respect of an extent of hc.1-31, equivalent to ac.3-10 guntas, comprised in sy.no.504 of velugumatla village, khammam district (petition schedule property), jointly owned by the said two persons. it is recited in the said gift deed that ..... is rejected. 10. in order to consider the various submissions advanced by the learned counsel for the parties, it is necessary to consider the width and ambit of section 34 of the trusts act. the heading of the said provision reads : "right to apply to court for opinion in management of trust property." under this provision, any trustee may, without instituting a suit, apply .....

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Oct 31 2012 (HC)

MA. Gouthaman and Another Vs. the State of Tamilnadu, Rep.by Its Secre ...

Court : Chennai

Decided on : Oct-31-2012

..... passed by the commissioner, can file a suit within 90 days challenging the said order and it is more effective in initiating action against erring madhathipathis. 60. section 51 of andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (30 of 1987) reads as follows: "51. removal of mathadhipathi:- (1) the commissioner may suo motu or on an application of two or ..... have not received any official communication regarding the removal of 10th respondent as 293rd pontiff of madurai adheenam.mr.g.rajagopalan, learned senior counsel appearing for respondents 9 and 10 submitted that 9th respondent has removed the 10th respondent - nithyananda as 293rd pontiff of madurai adheenam. learned senior counsel also stated that 10th respondent is yet to ..... time. generally, as per custom and tradition of madurai adheenam, one of the thambirans or junior monk would be anointed as ilaya sannidhanam to succeed guru maha sannidhanam. 10. during his lifetime, adheenakarthar identifies a tambiran, out of the available tambirans in his adheenam, whom he considers duly qualified to succeed him after his demise and then ..... saivite; 2. yathra kaashayam (paradesi) 3. samaya deekshai 4. visheda deekshai 5. mandira kashayam 6. nirvana deekshai 7. dhikshai kurai 8. aarukatti (6-katti) 9. acharya abhishegam 10.junior pontiff 9. procedure for appointing madathipathi at madurai adheenam, being adopted for the past 1400 years by way of custom and usage: it has been the tradition and culture .....

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Sep 07 2012 (HC)

P. Srinivasulu, S/O. Natarajan Mudaliar and Others Vs. the Sub-registr ...

Court : Andhra Pradesh

Decided on : Sep-07-2012

..... document no.851 of 1898 and it was brought under section 6(c)(1) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (hereafter, the act 30 of 1987) on 13.4.1995 and the trust was handed over to the endowments department on 09.12.1996. an executive officer was appointed ..... , 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 ..... sri mudaliar had become absolute owner and possessor of the subject land. it is stated that after demise of his father on 02.7.1997, the first petitioner is in continuous and uninterrupted possession and also perfected his title to the subject land. the trust land, excluding the ..... chittoor district (hereafter, the subject land) forming part of the trust land, by separate registered sale deeds. he purchased an extent of acs.10.00 through registered document bearing no.7677 of 1981, dated 29.12.1981; an extent of acs.1.20 cents through registered document bearing ..... sri natarajan mudaliar and others. after death of his father on 02.7.1997, the first petitioner offered to sell the land to petitioners 2 to 5 and they have entered into agreements of sale dated 10.3.2010, 24.2.2011 and 25.1.2012. the petitioners 2 .....

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Apr 04 2012 (HC)

Sri Vijaya Bhavani Adarsha Mahila Mandali and Others Vs. the Commissio ...

Court : Andhra Pradesh

Decided on : Apr-04-2012

..... contended that, the process of alienation was not challenged at all by the petitioners and most importantly, the procedure prescribed under section 80 (1) (a) and (b) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987, henceforth referred to as act, was followed by the commissioner scrupulously by publishing the notification in the andhra pradesh gazette and invited objections and suggestions; but, ..... such immovable property, otherwise than by public auction. provided further that the government may purchase the lands situated in scheduled areas belonging to institutions or endowments, wherever necessary, otherwise than by public auction and assign such lands to the members of the scheduled tribes. 10. the intention of statue maker is very clear that every sale of immovable property of any ..... institution shall be affected by tender-cum-public auction. that is the normal rule. a tender-cum-public auction in fact has been ordered to be undertaken by the commissioner of endowments in the instant case. but, ..... such a large extent of ac.22.44 cents of land belonging to sri kasi visveswara swamy vari temple; so that the temple will get nothing less than rs.10 crores, which amount when invested on a long term basis with any of the nationalized banks will fetch approximately rs.1 crore as interest per year, with which amount .....

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Jul 31 2012 (HC)

K.V. Krishna Rao Vs. the State of A.P., Rep. by the Principal Secretar ...

Court : Andhra Pradesh

Decided on : Jul-31-2012

Reported in : 2012(5)ALD650

..... notice the relevant statutory position governing the issue. until the enactment of act no.30 of 1987, hereditary rights were recognised under the a.p. charitable and hindu religious institutions and endowments act, 1966 for appointment of trustees of religious and charitable institutions. the hereditary rights were taken away by enacting act no.30 of 1987. section 16 of the act put an end to the rights of a person for the office ..... for verification and registration of these institutions as a consequence of the repeal of the endowments act no.17 of 1966 and enactment of new act no.30 of 1987. the 3rd respondent-assistant commissioner of endowments herein conducted an enquiry and found the 4th respondent herein eligible for recognition as the trustee. accordingly, orders dated 01.10.1996 were issued recognising her as trustee of ..... the recognition granted in her favour as founder trustee per orders rc.no.a1/4682/96, dated 1.10.1996 of the 3rd respondent-assistant commissioner of endowments department, nellore, which was concurrently confirmed by the 2nd respondent-regional joint commissioner, multi zone-ii, endowments department, tirupati, and the 1st respondent-state government vide r.p.no.20 of 1999, dated 17.6 .....

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Jul 05 2012 (HC)

Tatikonda Brahma Linga Swamy Vs. the Commissioner, Endowments Departme ...

Court : Andhra Pradesh

Decided on : Jul-05-2012

Reported in : 2012(5)ALD219

..... placed on the provision of section 13 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short, the 1987 act). it is contended by the learned government pleader that there is no such practice in the subject temple. the institution was registered under section 38 of the a.p. charitable and hindu religious endowments act, 1966 (repealed act), which is the register containing ..... origin and the history of the institution including the ..... non-est and if the said instrument does not reflect true and correct facts, the petitioner could have challenged the same invoking remedy under section 40 of the repealed endowments act. thus, there is no substance in the contention that the petitioner should have exclusive privilege to perform the annual ceremony. as already noticed, ..... along with archaka on the stage at the time of kalyanam and the devotees will be allowed to sit in the hall. as regards the alleged practice, custom and usage, the counter states that the subject temple was registered under section 38 of the repealed endowments act 17/66 by the assistant commissioner, endowments department as .....

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