Court : Chennai
Reported in : (1917)ILR40Mad212
..... does the religious endowments act apply. ..... i think the right to seek the aid of the court existed independently of the statute and that the restriction imposed by section 92 should not be interpreted as taking away this' right, except in so far as a special mode of enforcing it after obtaining a particular sanction was imposed on the ..... ingenious suggestion that we must consider that the donor dedicated to the deity the total extent of the inam, that he constituted himself the trustee of the entire endowment and that front this endowment a permanent alienation in favour of those who conducted the worship was made, has no foundation either historically or in practice.9. ..... the present case, the right to obtain a declaration that the lease is not binding on the temple is not a relief covered by any of the sub-clauses of clause (1) of section 92. ..... instanced the various inams which have been granted to archakas and others, and argued that those endowments were really permanent alienations of temple property. ..... provisions which bear on the question are: (a) order i, rule 8 of the code of civil procedure, (b) section 92 of the same code and (c) sections 14 and 18 of act xx of 1863. ..... section 92 restricts by its second clause the right to obtain relief in respect of the conditions enumerated in clause (1) to the persons who obtain the collector's or the advocate-general's sanction; if the claim preferred is outside the purview of clause (1), it cannot be argued that the institution is without a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC781; [1967]1SCR280
..... of civil procedure says : 'save as provided by the religious endowments act, 1863, no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such trust as is therein referred to except in conformity with the provisions of that sub-section.' 22. ..... hindu religious endowments act (2 of 1927) was passed, in respect of the endowments covered by that act, ..... 73, hindu religious endowments act, is the ..... madras hindu religious and charitable endowments act, 1951 (act 19 of 1951), hereinafter called the act. 3 ..... the new trustees were appointed by order of the hindu religious endowments board dated january 21, 1951; but they were able to obtain possession of the temple only ..... temple and its properties since the date of their functioning as trustees and to pay over to the new trustees such amounts as may be found due; (2) to assess the amount due to the temple as a result of the various acts of malfeasance, misfeasance and non-feasance of the defendants 1 to 3 in respect of their management, and to direct them to pay the same to the new trustees; and (3) to direct the defendants 1 to 3 to deliver to the new ..... 'except under and in conformity with the provisions of the act' which had received authoritative judicial interpretation when it remained in s. ..... the clause 'determining or deciding which a provision is made in this act', on a reasonable construction, cannot be made to qualify 'the administration or management' but must be confined only to any ..... clause .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom119
..... . the privy council was there deciding a question arising out of the interpretation of section 10, religious endowments act, 1863 ..... held that the finding of the trial court on a question of limitation, whether right or wrong, was a finding on a point of law which the court had jurisdiction to decide, and therefore it did not come within the ambit of section 115, civil p.c. it does not appear in any of the reported cases of this court that an attempt has been made to define in more detail the principles laid down by the privy council in the cases to which i ..... . but the position is different where the court has considered the question of limitation and disposed of the case in accordance with its interpretation of the law, there again the court considered the existence of circumstances which, if proved to exist, would give it jurisdiction; and even if the result of a wrong decision as to the existence of those circumstances would inevitably result in the ..... the executing court rejected the application, but in appeal, which was competent under order 43, rule 1, clause (j) of the code, the learned assistant judge at belgaum held that in law there was no interest which the auction-purchaser could acquire by the sale, and that therefore the judgment-debtor had no saleable interest in .....
Tag this Judgment!Court : Chennai
Reported in : (2003)3MLJ507
..... 190, the supreme court held that section 44-b(1) of the madras hindu religious endowments act, though on a wide interpretation, which might also include personal inams burdened with service, is really confined to inams directly granted to the temple or service inams for the purpose of a temple and does not include personal inams burdened ..... held that the inams in question were within the purview of section 44-b of the hindu religious endowments act and could be resumed under section 44-b(2)(i), though the alienations were made before 1934 when the section had come into force. ..... section 44-b of the madras hindu religious endowments act ii of 1927 (present section 41 of the tamil nadu hindu religious and charitable endowments act, 1959) does not apply to a personal inam burdened with a condition ..... however, in reference to a deed which is of a non-testamentary character coming under clauses (b) and (c) of sub-section (1) and therefore, there cannot be any doubt that a lease of an immovable property for a term exceeding one year has to be compulsorily ..... 21.11.1969, found that the temple had 50 years of enjoyment in 1863 and as per the inam register for t.d. no. ..... appointed by the manager of the temple in 1863 for the performance of the services. ..... are the present office bearers of pandari service in alagarkoil and ponnu pandari was appointed by the manager of the temple in the year 1863 for the purpose of service. ..... to 18 of the register show that ponnu bandari was the office bearer in 1863. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad921; 158Ind.Cas.733; (1935)69MLJ384
..... no doubt the classification in this act has to some extent followed and to some extent departed from the classification adopted in the religious endowments act of 1863, but i am inclined to prefer that interpretation of the clause which would take account of the de facto exercise of hereditary right and not of a mere presumptive right not exercised for several ..... it arises out of an application, made by the petitioners under section 84 of the madras religious endowments act, to have an order passed by the religious endowments board on 8th september, 1930, set aside and to have it declared that the suit temple is an 'excepted' temple whereof the petitioners are the hereditary trustees ..... am free to admit that there is considerable force in this argument, but having given the matter my best consideration, i am not sure whether the framers of the definition in section 9, clause 5 really had in their mind the kind of presumptive right that the privy council speak of in gossami sri gridhariji v. ..... of 1928 it has been found that the bairagies have acquired no hereditary right to the management of the institution, the prima facie hereditary right of the present petitioners' family must be taken to bring the case within section 9, clause 5, independently of the question of actual, management by the members of the petitioners' family.6. ..... das contends that reading section 9, ci. ..... question still remains, what exactly is the test to be applied for the purposes of the definition in section 9, ci. .....
Tag this Judgment!Court : Mumbai
Reported in : (1946)48BOMLR598
..... was there deciding a question arising out of the interpretation of section 10 of the religious endowments act of 1863. ..... what the district judge had done was to interpret the words 'may order that the vacancy be filled up by the remaining members of the committee' as if he were en-powered under the section to order them to fill up the vacancy by means of an ejection, whereas the section is silent as to the means by which the committee might fill up the vacancy on the orders of ..... question involving jurisdiction; and it said that, though an erroneous decision on a question of law or fact after jurisdiction has been once legally assumed would not be a ground for interference under section 115 of the code, still it would at once come within the purview of the section if the decision were the very basis and foundation of jurisdiction; and their lordships went on to say that the judgment of the privy council in balkrishna v. ..... we are told that there have been a number of decisions by this high court on questions arising out of section 73 of the civil procedure code and that the high court has interfered in such eases upon the ground in effect that there had been a wrong decision upon circumstances which would be ..... was pointed out that a judge who dismisses an application by actually disregarding the plain words of the provisions of the indian limitation act may be said to exercise his jurisdiction illegally and with material irregularity, so that the court can interfere under section 115. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1985Ori117
..... section 7(iv)(f) of the act reads as follows :'computation of fees payable in certain suits for money -- the amount of fee payable under this act (in the suits next hereinafter mentioned except suits for relief under section 14 of the religious endowments act, 1863, or under section ..... the same can be challenged evenin an appeal against the decree within a limited compass as provided in section 11 of the suits valuation act therefore, where the pecuniary jurisdiction of the court could be challenged in revision by the defendant he is to satisfy the requirements under section 11 of the suits valuation act.the revisional power of this court, however cannot be invoked by the defendant for nonpayment of ..... this question has since been answered by the supreme court in the decision reported in air 1979 sc 989 (supra) where referring to section 7(iv)(f) of the act, it has been held that although in suits for accounts it is not possible for the plaintiff to estimate correctly the amount which he may be entitled to, yet, it is ..... the scope, of section 7(iv)(f) of the act came for interpretation in the decision ..... revision exercised by the high court under section 115 of the code of civil procedure is strictly conditioned by clauses (a) to (c) thereof any may be invoked on the ground of refusal to exercisejurisdiction vested in the subordinate court or assumption of jurisdiction which the court does not possess or on the ground that the court has acted illegally or with material irregularity in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad650; (1951)IMLJ588
..... section 4 of act i (1) of 1925 which corresponds to section 8 of the act xx (20) of 1927 repealed the hindu religious endowments act of 1863 and madras endowment and escheat regulations of 1817, regulation vii of 1817, in so far as they apply to hindu religious endowments in the province of madras. ..... )the correct interpretation of this sentence is that the testator does not make any distinction between the hindu religious endowments committee and the dharmakartha. ..... contends that according to clause vii, regulation vii of 1817, which enacted that to enable the board of revenue to better carry into select the duties entrusted to them by this regulation, local agents shall be appointed in each zillah, subject to the authority, control, and orders of that board,it might have been possible for a local agent to hold property but not to the board & when this regulation was repealed by act xx (20) of 1863, the committee that was ..... as we have already remarkedsection v and vii of act xx (20) of 1863 read with the preamble to regulation vii and clause xv of the regulation contemplate that the committee can receive and hold property. ..... , the collection of rents and profits and clause xv of the regulation which provided that the board had the right to appropriate the income', which meant that it had the power of management as mentioned in clause xii. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1954Kant102; AIR1954Mys102
..... -- 'not later than 14 days', while the relevant words in section 9 of the general clauses act are --'from' and 'to' and in section 10 the words are 'within the prescribed time'.the words in rule 119 of the representation of the people act being entirely different from the words found in sections 9 and 10, it follows that the provisions of sections 9 and 10 of the general clausesact can have no application to the computation) of time for the presentation of an election petition. ..... as authoritative, precludes, in my opinion, a consideration of the question whether an election can or cannot be said to be over after the declaration of the result under section 74, representation of the people act.again in paragraph 20 of the judgment the view has been expressed that under section 105, representation of the people act an election commission must be deemed to adopt the order of the election tribunal and in para 22 of the judgment which is the only part of it actually dealing ..... the petitioner as the successful candidate in the election and the said declaration was published in the mysore gazette on 11-2-1952 as per the provisions of section 67, representation of the people act, 1951.the petitioner lodged his election expenses with the necessary declaration with the returning officer and the same was published in the mysore gazette on 31-3-1952 ..... while the high court has addressed itself to consider the meaning or the word 'election' which had been clearly interpreted by fazl all j. .....
Tag this Judgment!Court : Kolkata
Reported in : (1913)ILR40Cal323
..... . but it has been argued on behalf of the appellants that the materials on the record are not sufficient to show that the endowment is of the character mentioned in section 3 of the religious endowments act of 1863 ..... . on behalf of the appellants it has been argued that the appeal is maintainable, because the suit might originally have been instituted against the second defendant alone under section 14 of the religious endowments act of 1863 ..... on the 24th january 1911, a new committee was appointed under section 7 of the religious endowments act of 1863. ..... this appeal is directed against the decree of dismissal in a suit commenced by the plaintiffs under section 14 of the religious endowments act of 1863. ..... the case for the plaintiffs is, that they are interested in the endowment of sarala thakurani at kutila in the district of cuttack, that the endowment was under the management of a committee appointed under the religious endowments act of 1863, that the sole surviving member of that committee (the first defendant) had neglected his duties and that the second defendant, who claimed to be the paricharak or superintendent of the temple, though he had never been ..... they cannot rightly be held bound by the evidence adduced at a time when they had ho concern with the religious institution, of which they are now the committee under the religious endowments act of 1863 ..... the first defendant was sued in his character as a member of the committee appointed under the religious endowments act of 1863. .....
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