Court : Chennai Madurai
..... a fit person to have due regard the claim of the members of the hereditary trustee. but, in the above case, the claim of the next in line of succession was considered and rejected. in the above circumstances, the division bench ultimately dismissed the appeal. 10. the above division bench judgment was subsequently considered by a single judge ..... above temple is administered in terms of a scheme framed by this court in app.no.492, 743 and 491 of 1951, dated 05.05.1954 and amended by deputy commissioner, hindu religious and charitable endowment department in oa.no.44/1962 dated 21.11.1966 and commissioner, hr and ce in ap.no.71 of 1967. as per ..... 4) of the act, a fit person could be appointed pending enquiry into the charges framed against the hereditary trustee and the claim of the next in line of succession need not be considered at that stage. 11. the latest division bench judgment of this court in c.andiappan and others vs. the joint commissioner, tamil nadu hindu religious and charitable .....
Tag this Judgment!Court : Chennai Madurai
..... suyampirakasa eeswar temple is administered in terms of a scheme framed by this court in app.no.492, 743 and 491 of 1951, dated 05.05.1954 and amended by deputy commissioner, hindu religious and charitable endowment department, in oa.no.44/1962 dated 21.11.1966, and commissioner, hr and ce in ap.no.71 of 1967. as per ..... along with his advocate. after enquiry, the appointment of executive officer was kept in abeyance in view of the pendency of rule amendment for appointment of executive officer under section 45(1) of the act. the said amendment was issued in g.o.ms.no.260, tc and re (re4-2) department dated 06.11.2015, which was also ..... executive officer to perform a dual function as executive officer as well as the fit person. in the above circumstances, in my considered view the first respondent did not act reasonably and fairly in appointing the executive officer to the above said temple. 15. the first respondent himself admitted in the counter affidavit that the executive officer can .....
Tag this Judgment!Court : Chennai Madurai
..... counsel appearing for the parties. 12. the learned counsel for the appellant contended that suit is not maintainable and is barred in view of provision of hindu religious and charitable endowments act and relied on the judgments reported in 2003 (1) ctc 484 [inspector/fit person h.r. and c.e. department, arulmighu sundaresa gnaniar ..... are permitted to enter and worship in the temple. the 6th respondent temple is not a temple as defined in section 6(20) of the hindu religious and charitable endowments act. the appellant has alleged that complaint was received against the 6th respondent that they are collecting money from the public, through hundials and sale ..... temple and worship. the learned counsel further contended that the suit filed by the sixth respondent is not maintainable as per section 108 of the hindu religious and charitable endowments act. 8. per contra, the learned counsel for the 6th respondent submitted that the 6th respondent by oral and documentary evidence proved that the .....
Tag this Judgment!Court : Chennai Madurai
..... usage primarily existing stood abrogated, for want of mutuality. it seems to me impossible to accept this argument for the simple reason that in spite of the christian succession act ' the law of the hindu nadar remained the same and should govern the devolution of his property. part of that law was an established usage whereby apostasy did not work any forfeiture of ..... nadar v. muthiah nadar, 34 trav li 503: 1944 trav lr 595 (fb) and render judgment in the case. learned counsel stated that the christian succession act had been enacted only to consolidate and amend the rules of law applicable to intestate succession among the indian christians in. travancore and the legislation had not interfered with or abrogated the customary law followed by the .....
Tag this Judgment!Court : Chennai Madurai
..... o.s.no.631 of 2010 ?8. the trial court after elaborate trial and careful consideration regarding facts and circumstances of the case and documentary evidence, issue the succession certificate for all the legal heirs of rathinam and mariammal based on the will dated 24.10.1982 in which the deposit has not been mentioned and also there ..... 1995 cannot be cancelled by husband at later point of time. 20. the learned very competent counsel also relies upon the judgment reported in 2005 (3) ctc 151 (hindu community in general citizens vs. the commissioner hr and ce). according to the above judgment, the intention of the executants has to be ascertained on the basis of expressions ..... case, the rwi, profounder of the will did not produce the original will (exhibit r1) and it was not proved as required under the provisions of indian evidence act.23. in fact, the lower appellate court without taking note of the plea in the written statement filed by the defendants in para 7, wherein, the defendants deny .....
Tag this Judgment!Court : Chennai Madurai
..... by plaintiff is legally tenable? (b) when the execution and attestation of ex.b21 has not been proven as contemplated under section 68 of indian evidence act and section 63 of indian succession act, whether the courts below are correct in deducing the title of first respondent based on the same? 7. the learned counsel for the appellant submitted ..... purchased in the name of the plaintiff for the benefit of the three brothers. it has already been held that the plaintiff and his brothers do not constitute a hindu joint family. in such circumstances, unless the first defendant establish the ingredients of benami transaction, he will not be able to succeed in claiming the property as ..... may be, to a third party. 22. in this case, the adoption even according to the plaintiff suggest that it must be after the commencement of hindu adoption and maintenance act. the plaintiff has examined d.w.2 to prove the factum of adoption. even though d.w.2 speaks about his presence at the time when janakiraman .....
Tag this Judgment!Court : Chennai Madurai
..... title. 8. he has further stated that ex.a3 and a4 settlement deeds have not been proved in accordance with law viz., under section 63 of hindu succession act. hence, the plaintiff is not entitled to file the suit. plaintiff's father is having another heirs and hence, the suit is not maintainable. evidence ..... examined. therefore, the plaintiff has proved a3 and a4. so the attestation has been proved in accordance with section 68 of indian evidence act and not under section 63 of indian succession act. further, the defendants are not competent to question the settlement deed. but, here, the respondents have proved the due execution, valid attestation ..... of the document. but, the learned counsel would submit that as per section 63 of indian succession act, attestation has not been proved. the above argument does not hold good. it is appropriate to incorporation section 63 of indian succession act: 63. execution of unprivileged wills.- every testator, not being a soldier employed in an expedition .....
Tag this Judgment!Court : Chennai Madurai
..... of the plaint in o.s.no.260 of 2008, the bank has conducted the sale and issued sale certificate in favour of one chella thangam, who is the successful auction purchaser in the sale conducted by the bank. at that stage, the respondent herein filed the suit in o.s.no.14 of 2010, before the learned ..... fao(os) no.577/ 2011 preferred thereagainst was disposed off as compromised on 28th february, 2013. 36. the suit is thus found to be not maintainable. the amendment claimed to the plaint does not affect its maintainability. thus, the suit is dismissed and resultantly the pending applications are infructuous. the plaintiff is also burdened with costs of ..... of the parties. thus, where grant of injunction is prohibited, such prohibition cannot be circumvented by instead granting declaration. this follows from section 34 of the specific relief act also which bars making of such a declaration where the plaintiff, able to seek further relief, omits to do so. the only difference here is that though the .....
Tag this Judgment!Court : Chennai Madurai
..... and we hold it unjust and unfair. yet the petitioner has chosen with no responsibility in filing the slp in this court with no ghost of a chance of success. therefore, the slp was filed needlessly and irresponsibly. accordingly, the slp is dismissed with the exemplary cost of rs.5,000/-. this amount should be deducted from ..... cannot be issued. 5. continuing his arguments, learned counsel would submit that the tribunal failed to consider the provision under section 99(2) of the motor vehicles act (newly inserted by act 54 of 1994 with effect from 14.11.1994) which states that notwithstanding anything contained in sub- section (1) of section 99, when a proposal is ..... in the case before the supreme court exercised that power subsequent to august 18, 1975 on which date, the amendment came into force, it cannot be said that the selection made by him was illegal since the amending law had no retrospective effect, because, it did not have any effect on the proceeding which had commenced prior .....
Tag this Judgment!Court : Chennai Madurai
..... the second respondent therein to return the document with an endorsement as to the pendency of the proceedings under section 47-a of the indian stamp act, 1899, as amended by the tamil nadu amendment act, 2004, within a particular time and also passed further directions. the writ petitioner, aggrieved by the same, filed an appeal in w.a.no ..... writ petition. 8. against the said order dated 29.04.2016, the present writ appeal is filed. 9. during the pendency of the writ appeal, applications for amendment of prayer and to receive the additional grounds in the writ petition have been filed and the same were allowed by this court, by order dated 15.11.2016. ..... .422 of 2014 and the division bench of this court, by placing reliance upon amendments to rule 7(1) of the tamil nadu stamp (prevention of undervaluation of instruments) rules, .....
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