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Judgment Search Results Home > Cases Phrase: the madras hindu religious and charitable endowments act 1951 1 Page 1 of about 724 results (0.193 seconds)

Apr 12 1957 (HC)

The State of Madras Vs. M. Ramakrishna Naidu and ors.

Court : Chennai

Reported in : AIR1957Mad758

..... the scheme the vacancy had to be filled up by election. but the commissioner of the hindu religious and charitable endowments passed on 19th october 1951 the following order :"in" exercise of powers vested in him under sections 39 (1) and 42 of the madras hindu religious and charitable endowments act, 1951, the commissioner is pleased to appoint sri c. subramania chetti as a trustee of the above ..... in the scheme as well as the disqualifications. elaborate rules for the conduct of the elections are laid down in the scheme.3. the madras hindu religious and charitable endowments act, 19 of 1951, came into force on 1st october 1951. the period of office of one of the dharmakarthas, namely, rao bahadur v. ranganadham chetti, expired by efflux of time on 12th ..... 1. this is an appeal against the judgment of subba rao j. in w. p. no. 840 of 1951 which was filed under article 226 of the constitution for the issue of a writ of certiorari or other appropriate order to quash the order of the commissioner, madras hindu religious and "charitable endowments dated 19th october 1951 appointing one c. subramania chetti as ..... provisions of the scheme. this appeal against that order is by the commissioner of hindu religious and charitable endowments, madras.4. the learned advocate general who appeared for the appellant contended that sections 39 and 42 were applicable section 39 (1) of the act runs thus :"where a religious institution included in the list published under section 38 or over which no area .....

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May 04 1979 (SC)

Kewal Krishan Puri and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1980SC1008; (1980)1SCC416; [1979]3SCR1217

..... legislative competence of the madras state legislature to enact such a provision. the meaning given to the word 'tax' by latham cj. of ..... and followed in many subsequent decisions is the case of the commissioner, hindu religious endowments, madras v. sri lakshmindra thirtha swamiar of sri shirur mutt : [1954]1scr1005 . the point decided therein was that the provision relating to the payment of annual contribution contained in section 76(1) of the madras hindu religious and charitable endowments act, 1951 is a tax and not a fee and so it was beyond the ..... after the decision of this court in shirur mutt's case (supra) section 76 of the madras act was amended. the effect of the amendment came to be considered by this court in the case of h.h. sudhundra thirtha swamiar v. commissioner for hindu religious and charitable endowments, mysore [1963] suppl. 2 s.c.r. 302. pointing out the various differences between the ..... committee form part of the market committee fund which is set apart and earmarked for the purposes of the act. there is sufficient quid pro quo for the levies and they satisfy the test of 'fee' as laid down in commissioner, hindu religious endownments, madras v. sri lakshmindra thirtha swamiar of sri shirur mutt-[195a] s.c.r. 1005.it would be .....

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Nov 21 2007 (HC)

Ramani Nessiar D/O Devaki Nessiar and M. Surendran S/O Prabhavathy Nes ...

Court : Kerala

Reported in : 2008(1)KLT565

..... in this case case primarily concerned with the scope and ambit of section 62(1)(ii) of the madras hindu religious and charitable endowment act, 1951 which says that the civil court can modify or cancel an order passed by the deputy commissioner under section 57, section 58 or section 60 read with sub-section (1)(a), (2), or (4)(a) of section 19 but it shall have ..... in the interest of justice. same issue came up for consideration before the madras high court in muthusami gurukkal v. ayyasami thevan 1958 mlj 256 and the bench of the madras high court has taken the view that the ban imposed by section 62(1) of the madras high religious and charitable endowments act can be applied only to the extent warranted by the language of that statutory ..... provision. the rest of the jurisdiction of the civil court, e.g., those regulated by rules 1 and 2 or order 39 civil procedure code remain intact. we have gone through the ..... not. section 58 confers power on the deputy commissioner to frame scheme. section 60 confers power on the deputy commissioner on being satisfied that a religious institution has whether before or after the commencement of the act ceased to exist, then to follow enquiry to ascertain its properties, funds etc. section 62 confers right of appeal to the commissioner against the .....

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Dec 23 1970 (HC)

Uppalapati Venkataratnam Vs. Sri Chennakeswavaswami Temple, Uppalapadu

Court : Andhra Pradesh

Reported in : AIR1972AP152

..... 1940. the defendant-appellant did not set up any adverse possession in o. p. no. 102/39, which concluded in september, 1941. section 94 of the madras hindu religious and charitable endowments act came into force on 28th august, 1951 i.e., before the plaintiff could be deemed to be out of possession for more than twelve years. notwithstanding any law for the time being in force, as ..... capacity for and on behalf of the temple, the temple would be deemed to be out of possession from that date i.e., 17-9-1941 and not from any date earlier to that. section 94 of the madras hindu religious and charitable endowments act lays down that 'nothing contained in any law of limitation for the time being in force shall be deemed to vest ..... in the result only an order for delivery of possession of the property was made in september 1941.11. section 78 of the madras hindu religious and charitable endowments act by itself does not bar a suit. all that section 78 of the act lays down is that on production of the order of the board, the court may order delivery of the property to such person ..... upon production of certificate from the commissioner about the nature of the property. it is not a substitute for a regular suit. section 87 of the hindu religious and charitable endowments act xix of 1951 which replaces the earlier act makes a similar provision for recovering possession of temple properties from ex-trustees. only a remedy was provided for taking possession of the admitted trust properties. .....

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Apr 08 1960 (HC)

Gopalaswami Vari Temple, Timmapuram and ors. Vs. the Commissioner for ...

Court : Andhra Pradesh

Reported in : AIR1961AP216

..... and their officers, every religious institution shall, from the income derived by it, pay to ..... replaced by those in 1955.6. section 2 of act xiii of 1955 which amended section 76 is in these words:'in section 76 of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951) hereinafter referred to as the principal act--(i) for sub-section (1), the following sub-section shall be sustituted, namely: '(1) in respect of the services rendered by the government ..... questions to be decided by the full bench are: (i) whether section 76(1) of the hindu religious and charitable endowments act (madras act xix of 1951) (hereinafter referred to as the act) is intra vires; if the answer is in the affirmative, whether the commissioner has to indicate the nature and quantum of services rendered by the ..... it down as invalid were removed by the amendment. therefore, the contribution levied under section 76(1) could no longer be regarded as invalid.8. this matter was considered by a bench of this court in basavalingaswami v. commr. of hindu religious and charitable endowments, 1959 andh lt 794 after the amendment of section hi 1935. there, it was ruled .....

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May 07 2004 (SC)

Commissioner, Hindu Religious and Charitable Endowment (Admn.), Madras ...

Court : Supreme Court of India

Reported in : AIR2004SC3634; 98(2004)CLT544(SC); 2004(3)CTC536; [2004(4)JCR79(SC)]; (2004)3MLJ169(SC); 2004(5)SCALE674; (2004)6SCC497

..... character of it as to whether it is hereditary or non-hereditary.17. prior to the 1959 act, the madras hindu religious and charitable endowments act 1951, occupied the field from 1.10.1951 and came to be replaced by the 1959 act. the scope of meaning of the terminology 'hereditary trustee' under the 1951 act came up for consideration of the madras high court as well as this court. in : air1957mad758 state of ..... madras v. ramakrishna naidu , a division bench of the madras high court had an occasion to exhaustively deal with the ..... name rao bahadur v. ranganathan chetty expired by efflux of time after the commencement of the 1951 act, though the vacancy had to be under the scheme, filled up by election, the commissioner, hindu religious and charitable endowments, passed an order in exercise of his powers under section 39(i) of the 1951 act, appointing one c. subramaniam chetty as trustee in the vacancy caused by the expiry of .....

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Apr 12 1957 (HC)

The State of Madras, Presented by the Commissioner, Hindu Religious an ...

Court : Chennai

Reported in : (1957)2MLJ252

..... the scheme the vacancy had to be filled up by election. but the commissioner of the hindu religious and charitable endowments passed on 19th october, 1951, the following order:in exercise of powers vested in him under sections 39(1) and 42 of the madras hindu religious and charitable endowments act, 1951, the commissioner is pleased to appoint sri c. subramaniam chetty as a trustee of the above ..... in the scheme as well as the disqualifications. elaborate rules for the conduct of the elections are laid down in the scheme.3. the madras hindu religious and charitable endowments act (xix of 1951) came into force on 1st october, 1951. the period of office of one of the dharmakarthas, namely, rao bahadur v. ranganadham chetty, expired by eflux of time on 12th ..... . rajamannar, c.j.1. this is an appeal against the judgment of subba rao, j. in w.p. no. 840 of 1951 which was filed under article 226 of the constitution for the issue of a writ of certiorari or other appropriate order to quash the order of the commissioner, madras hindu religious and charitable endowments, dated 19th october, 1951, appointing one c. ..... provisions of the scheme. the appeal against that order is by the commissioner of hindu religious and charitable endowments, madras.5. the learned advocate-general, who appeared for the appellant contended that sections 39 and 42 were applicable. section 39(1) of the act runs thus:where a religious institution included in the list published under section 38 or over which no area .....

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Dec 14 1973 (SC)

State of Rajasthan and ors. Vs. Shri Sajjanlal Panjawat and ors.

Court : Supreme Court of India

Reported in : AIR1975SC706; (1974)1SCC500; [1974]2SCR741; 1973()WLN1008

..... co-related to the expenses incurred by government in rendering the services. in that case section 76(1) of the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951) which related to the payment of annual contribution stated that it was for the purpose of properly administering the religious trusts and institutions wherever they existed. in determining whether that levy was a tax or a ..... the administration of the denomination's property would be rendered illusory.' (tilkayat sri govindlalji maharaj v. the state of rajasthan and ors.).20. earlier in the commissioner, hindu religious endowments, madras v. sri lakshmindra thirtha swaimar of sri shirur mutt : [1954]1scr1005 (to which a reference was made by gajendragadkar j. in tilkayat's case [1954 ..... greatness of religion; jainshansana samstha; sampati-dharma-dravya; performance of 'vahivat' or management of religious property; what type of person a manager should be etc. we have also a report of the hindu religious endowments commission (1960-62) in which chapter ix deals with jain endowments of which paragraphs 7 to 13 were admitted by the parties before the high court to ..... not a jain temple, but is a hindu temple where jains of all sects as well as hindus of all beliefs and sects including the bhils worship. it denied that the provisions of the act which had been enacted to regulate and to make better provisions for the administration of public religious and charitable trusts in the state of rajasthan were .....

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Jan 17 1986 (HC)

Kaduveera Mada Thammadi Vs. G.P. Madathimmadi

Court : Karnataka

Reported in : ILR1986KAR1051

..... march-april in a year.'3. against this order, the respondents 1 and 2 preferred revision petitions before the commissioner, respondent-4, under section 18(1) of madras hindu religious and charitable endowments act, 1951 (hereinafter called the act). the commissioner held, agreeing with the contention of the respondents 1 and 2, that the executive officer (deputy commissioner under the act) had no jurisdiction to entertain the dispute under any of the ..... provisions of the act. aggrieved by the said order, these two writ petitions are ..... learned counsel also relied upon a decision of the madras high court in v. solamalayan poojari's case, 1968 (1) mad. lj. 105 in which the madras high court interpreted section 63(e) of the madras hindu religious and charitable endowments act, 1959 (act of 1959 for short). it is similar to section 57(e) of the act. in that case, the madras high court held that if the main claim was .....

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Dec 16 2015 (SC)

Adi Saiva Sivachariyargal N.Sangam andors. Vs. Govt. of Tamil Nadu an ...

Court : Supreme Court of India

..... mutt (supra), though the eventual conclusion of the court upholds the validity of the act (madras hindu religious and charitable endowments act, 1951) certain specific provisions i.e. section 21 which empowered the commissioner and his subordinates to enter the premises of any religious institution at any time for performance of duties enjoined under the act has been struck down indicating consistency with the principle extracted above. the relevant of the ..... facts may now be noticed. in order to amend and consolidate the law relating to administration and governance of hindu religious and charitable institutions in the state of tamil nadu, the state legislature has enacted the tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter referred to as the tamil nadu act ). a passing reference may be made, at this stage, to section 55 of the tamil nadu ..... , vedas, prabandas, thevarams and similar invocations and the performance of duties connected with such performance and recitations. sections 55 and 56 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959), provide for appointment of office-holders and servants in the religious institutions by the trustees by applying the rule of hereditary succession also. as a step towards social reform .....

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