Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 chapter viii declared institutions Court: chennai Page 1 of about 76 results (0.244 seconds)

Madurai Saurashtra Sabha Rep. by Its Honorary Secretary R.V. Seshachar ...

Court : Chennai

Reported in : 2007(2)CTC11

..... the very same petitioner sabha instituted a suit for declaration that the temple in question is not a temple as defined in the madras hindu religious and charitable endowments (act 22 of 1959) and to set aside the order of the commissioner, hr&ce; department, dated ..... may be that the authorities functioning under the hindu religious and charitable endowments act have a right to audit through their officers and also demand audit fees; but it is a matter for them to deeply consider if they have such powers, whether such an audit involving expenses to the institution is at all necessary and whether it is going to serve any further or additional purpose besides the audit under the provisions of the indian companies act. ..... that being so, the authorities functioning under the hindu religious and charitable endowments act (hr&ce; act) raised a dispute with regard to the character of the temple, claiming that it is a 'public ..... conclusion of the division bench is relevant,before parting with this case, it is necessary to make some observations touching the discretion and the caution to be exercised by the commissioner and the authorities while exercising control and supervision over the suit temple under the provisions of the hindu religious and charitable endowments act. ..... the above averments, the petitioner sabha prayed for quashing of the notice dated 13.09.1993 and to forbear the respondents from interfering with the affairs of the sabha by applying chapter viii and ix of the act.4. .....

Sri Sabhanayagar Temple Represented by Its Secretary, Podhu Dheekshadh ...

Court : Chennai

Reported in : (2009)8MLJ1503

..... single judge indicated to the writ petitioner/appellant to challenge the correctness of the order appointing the executive officer by way of revision under section 114 of hindu religious and charitable endowments act, the same was opposed by the petitioner/appellant herein by objecting that more than 10 years had been lapsed, and therefore, going back before the revisional authority would not serve their purpose. ..... new act, the government published the notification declaring the institution to be subject to the provision of chapter vi of the act.15 ..... chit system for archanas was not introduced;(vi) that the vacant sites of the temple were not leased out properly;(vii) that the electrical lighting arrangements in the temple were insufficient;(viii) that the drains around the temple and inside the shrines were not kept in a sanitary condition;(ix) that the d.c.b was not maintained and so on which are enumerated seriatum in the annexure to the board's order dated 21.3.1951.16. ..... of the division bench will not hold good in the light of the decision of the supreme court in dargah committee's case : air 1961 sc 1402, adi visheshwara of kasi vishwanath temple : 1997 (4) scc 606, and sri jaganath temple puri management committee v. ..... filed in the year 1987 challenging the appointment of executive officer was taken up in 1997, after 10 years, and during this interregnum period, in view of the stay granted, the podhu dikshidars were in full enjoyment of the temple management and administration. .....

C. Muthu Bhattar Vs. the Authorised Officer (Land Reforms)

Court : Chennai

Reported in : (1979)1MLJ480

..... hindu religious and charitable endowments board has power to resume the lands in question.section 8(2) of the tamil nadu minor inams (abolition and conversion into ryotwari) act, xxx of 1963 reads as follows:notwithstanding anything contained in sub-section (1), in the madras hindu religious and charitable endowments act, 1959 (madras act xxti of 1959), and in the madras (transferred territory) incorporated and unincorporated devaswoms act, 1959 (madras act xxx of 1959) the following1 provisions shall apply in the case of lands in an iruwaram minor inam granted for the support or maintenance of a religious institution ..... act states:on and from the date of commencemnt of this act no person shall, except as otherwise provided in this act, but subject to the provisions of chapter viii, be en4 titled to hold land in excess of the ceilingarea....section 3(19) of %he ceiling act states:to hold land' with its grammatical variations and cognate expressions means to own land as owner or' to possess or enjoy land as possessory mortgagee or as in one or more of those capacities.section 3(25) of the ceiling act reads ..... he shall then declare that the service-holder's right to occupy permanently the land under clause (a) shall cease and determine, and the institution shall be at liberty to make such arrangement as it thinks fit 'for the performance of the service and shall be entitled to hold the land as its absolute property subject, however, to the payment of the assessment fixed therefor .....

T. Lakshmikumara Thathachariar Vs. the Commissioner, Hindu Religious a ...

Court : Chennai

Reported in : (1997)2MLJ642

..... 2082 of 1997 to issue a writ of declaration or any other appropriate writ, order or direction under article 226 of the constitution of india declaring sections 64(5) and 118 of the tamil nadu hindu religious and charitable endowments act, 1959 (t.n ..... section 92 and 93 of the code of civil procedure, 1908.from the above section it is clear that the madrashindu religious and endowments act, (madras act 2 of 1927), was repealed, and section 92 and 93 of the code of civil procedure ceased to apply to hindu religious institutions and endowments. ..... 2082 of 1997 the petitioner challenged the validity of section 64(5) and 118 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959).4 ..... by providing a provision like section 103 of the act of 1951 and section 118 of the act of 1959, the burden and responsibility of civil courts are taken away and they are passed on to the statutory authorities functioning under the act for the specific purpose of administering and governing the hindu religious institutions and endowments in the state with sufficient safeguards for further scrutiny, as already stated above, under sections 69 and 70 of the act 1959. ..... section 69 of the act 1959 provides for an appeal to the commissioner against the order passed by the deputy commissioner under any of the provisions of chapter v which includes section 64 ..... the transitional provisions found in chapter xii of the act 1951 were enacted in order that uniformity could be achieved .....

Subbayya and anr. Vs. Krishna

Court : Chennai

Reported in : (1891)ILR14Mad186

..... this view is strengthened by a reference to the indian trusts act - act ii of 1882, which act is declared in section i not to apply to public or private religious or charitable endowments. ..... in connection with this portion of the case, the argument has also extended to a brief examination of the state of the law on the subject of the removal of trustees of such charitable or religious institutions as are described in section 539 anterior to the enactment of that section, it having at one portion of the argument been asserted that no suit for the removal of a trustee presumably lay before section 539 found a place in the ..... in favour of the view that the procedure is not of a summary character, there is, it is argued in the first place, the heading of chapter xl itself 'of suits relating to public charities,' and there is the provision in the section itself that the parties may institute a suit to obtain a decree. ..... i may here add that the practice of leaving a vacancy in the office of trustee open for years was a defect common in this country, as well in the management of public as of temple charities, and the section was framed also to provide an effective remedy in this respect, as was done by act xx of 1863, section 5, in regard to hindu temples.45. ..... it found no place in the first civil procedure code, act viii of 1859.109. .....

T. Lakshmikumar Thathachariar Vs. the Commissioner, Hindu Religious an ...

Court : Chennai

Reported in : AIR1997Mad346; 1997(1)CTC744; (1997)IIMLJ642

..... 2082 of 1997 to issue a writ of declaration or any other appropriate writ, order or direction under article 226 of the constitution of india declaring seclions 64(5) and 118 of the tamil nadu hindu religious and charitable endowments act, 1959 (t. ..... to apply to all madras hindu religious institutions and endowments, after the act 1951 came into force, and the courts did not continue to be the authorities for thepurpose of administration of those institutions.32 ..... 99/61 was filed on 12-12-1961 under section 64(3) of the hindu religious and charitable endowments act, 1959 (for short, the act 1959) to modify the existing scheme of the said temple as framed in a.s. ..... the petitioner challenged the validity of sections 64(5) and 118 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959).4. ..... the burden and responsibility of civil courts are taken away and the are passed on to the statutory authorities functioning under the act for the specific purpose of administering and governing the hindu religious institutions and endowments in the state with sufficient safeguards for further scrutiny, as already stated above, under sections 69 and 70 of the act, ..... section 69 of the act 1959 provides for an appeal to the commissioner against the order passed by the deputy commissioner under any of the provisions of chapter v which includes section ..... . the transitional provisions found in chapter xii of the act 1951 were enacted in order that uniformity could .....

Area Committee, Hindu Religious and Charitable Endowments (Administrat ...

Court : Chennai

Reported in : AIR1975Mad6

..... the tamil nadu hindu religious and charitable endowments act is intended to be a comprehensive code which amended and consolidated the law relating to the administration and governance of hindu religious and charitable institutions and endowments in the state of tamil nadu, so that, notwithstanding the provisions of the act, it is not possible to hold that, even after the coming into force of the act, trustees of temples could be appointed by election ..... at the time the tamil nadu hindu religious and charitable endowments act was enacted, there were schemes settled by the erstwhile hindu religious and charitable endowments board and also by courts under section 92, civil p. ..... the other two trustees relinquished office due to old age and the assistant commissioner, hindu religious and charitable endowments appointed respondents 2 to 5 as trustees of the temple ..... this appeal by the assistant commissioner, hindu religious and charitable endowment. 2. ..... the power to appoint trustees for temples, both listed and non-listed, was vested in the commissioner or assistant commissioner hindu religions and charitable hn-dowments, and the period for which they could function is also fixed ..... in such an event, clause (i) of section 118 (2) (b) declares that the provision in the scheme shall be void to the extent of repugnancy and pro tanto the corresponding provision in the act will prevail. ..... in view of this, the transitional provisions in chapter xii were enacted, in order that uniformity could be .....

Arasa Kumar and anr. Vs. Nallammal and ors.

Court : Chennai

Reported in : II(2005)BC127; [2006]129CompCas451(Mad); 2004(4)CTC261; (2004)3MLJ252; [2005]57SCL5(Mad)

..... societies act, arbitration and conciliation act, 1996 and also section 29 of the recovery of debts due to banks and financial institutions act, 1993 and under rule 40 of the income tax (certificate proceedings) rules, 1962 an also the bar under the tamil nadu hindu religious and charitable endowments act, 1959 were all considered by this court and the apex court as referred supra and now, it is manifestly clear that the power under section 34 of the securitisation and reconstruction of financial assets and enforcement of security interest act is not absolute and the same ..... , : 1999(2)ctc635 , in which a case arose under the tamil nadu hindu religious and charitable endowments act, 1959. ..... in that case, the suit was filed for declaration that the plaintiffs are hereditary archahas or stanigars in the suit temple and that they are entitled to receive 'padi arisi' which is being given by the devotees and collected by the plaintiffs and for consequential mandatory injunction, directing to remove hundi for collection of padi arisi and for consequential permanent injunction. ..... rishikesh prasad jaiswal, : [1997]1scr463 and tanzeem-e-sufia v. ..... , : 1997(1)ctc4 , in respect of inter se seniority of employees under the tamil nadu co-operative societies act, 1983 and in the said act also, there is a bar under section 156 to bring out a civil suit. .....

Sanjay Gupta, and ors. Vs. the Corporation of Chennai, and ors.

Court : Chennai

..... (2) scc 356}, the court reiterated that the property of religious and charitable endowments or institutions must be zealously protected and that sale by private negotiations which is not visible to the public eye and which may even give rise to public suspicion should not therefore be permitted, unless ..... defendant trust surrendering all its properties to the first defendant, including the schedule mentioned property, is null and void and not binding on the plaintiffs;(ii) declaring that the memorandum of compromise dated 15.7.2009 entered into between the defendants 1 and 2 and filed in s.a.no.144 of 1997 on the file of this court, is null and void and not binding on the plaintiffs;(iii) granting a decree of permanent injunction, restraining the defendants from in ..... supreme court held in paragraph 23 as follows:-"it is true that section 1 of the indian trusts act, makes the provisions of the act inapplicable to public or private religious or charitable endowments and so these sections may not in terms apply to the trust now in questions. ..... commissioner, hindu religious and charitable endowments {air 1966 ..... the southern india chamber of commerce (iv) a nominee of the andhra chamber of commerce (v) a nominee of the madras state sangeeth nataka sangam (vi) a nominee of rajah of vizianagaram (vii) the president of madras advocates' association (viii) one non-official representative selected by high court madras and (ix) the commissioner of the corporation of madras as the secretary.8. .....

The Indian National Trust for Architectural and Cultural Heritage (int ...

Court : Chennai

..... on date of this notification imposed under covenants, terms and conditions on the leasehold plots whether by state government or by chennai municipal corporation or any other government or quasi government agency including hindu religious and charitable endowment board, wakf board shall continue to be imposed ..... object or thing illustrative of science, art, crafts, literature religion, customs, morals or politics in bygone ages,(iv) any article, object or things of historical interest, and(v) any article, object or things declared by the government, by notification to be an antiquity for the purposes of this act,which has been in existence for not less than one hundred years;(c) 'archaeological officer' means any officer appointed by the government, by notification; to be an archaeological ..... regulations or conditions are imposed while permitting such development therein which deprive the private owner/lessee who is not a government or a quasi governments department or agency or a religious institution or a trust a society, or a charitable institution etc. ..... ), public works departmentsenior architect, public works department membera heritage building/precincts conservation expert nominated by memberthe intach, chennai chapterchairman of the ubtach, chennai chapter memberprofessor of history nominated by the head of history department, memberuniversity of madrasenvironment expert nominated by the director of the centre for memberenvironmental studies, anna universitythiru. ..... : (1997) 10 .....