Court : Supreme Court of India
Reported in : AIR2000SC2673; 90(2000)CLT746(SC); JT2000(8)SC225; 2000(II)OLR(SC)318; 2000(5)SCALE324; (2000)6SCC540; [2000]Supp2SCR5
..... in the year 1955, the respondents claimed by filing an application under section 64 of the orissa hindu religious endowments act, 1939, that the institution of the endowments thereof to be their private property made by the respondents and contested ..... another application under section 42 of the orissa hindu religious endowments act, 1951 [hereinafter referred to as 'the act'] was filed in the year ..... ; that the said institution had been established by some unknown founder the origin of which had been lost in antiquity and the institution has all along been treated as a public religious institution; that the respondents' ancestors were entrusted with the management of all the affairs of the said institution including seva-puja of the deity and possessing all the lands of the ..... trust board was appointed under section 68 of the act and under whose control sevas are ..... trustee devolving by hereditary right since the time of the founder or being regulated by custom and such scheme in force till the time of the application under section 41 of the act has to be established by adducing cogent evidence.5. ..... the respondents were acting as marfatdars of the deity for some time may not be itself be sufficient to establish their case that they are hereditary trustees as provided in section 3(6) of the act. ..... as trustees and succession to their office devolve on them by hereditary right since the time of the founder and the scheme was in force until filing of the application under section 41 of the act. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR1377
..... religious endowments act, 1863, and the madras endowments and escheats regulation, 1817, so far as they apply to hindu religious endowments to which this act applies, are hereby repealed.the reading of section 8 would clearly indicate that the repeal of religious endowments act would apply only insofar as hindu religious endowments to which the act ..... below, on the pleadings which were available before it had raised two questions for its consideration:i) whether the petitions filed under section 10 of the religious endowment act, 1863 are maintainable?ii) if so who amongst the petitioners and objector is the proper person to fill up the existing vacancy created ..... this background, if section 8 of the act is perused as extracted during the course of this order, it is clear that the religious endowments act 1863 has been repealed only insofar so it applies to hindu religious endowments and therefore, the ..... the applications filed therein were not maintainable, the petitioner is aggrieved by the finding of the learned district judge that the religious endowment act, 1863 (for short the 'act') has been repealed and therefore an application filed under section 10 of the said act is not maintainable. ..... provision and if the repeal is also clear that this has been saved, the authority which exercised such power earlier will have to continue to exercise such power.7.1 to sum up, a perusal of section 6 of the act ii of 1927 would indicate the repeal of the madras hindu religious endowments act 1863. .....
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 : Kolkata
Reported in : AIR1934Cal328
..... if on the other hand the defendant was merely in the position of a servant entrusted by the committee appointed under section 7, religious endowments act, 1863, with the management and administration of the imambarah, and obtained possession of the same as such, his position was that of a licensee, a person in possession as a servant, and could not as such be permitted to deny the title of the ..... of a muttawali for a limited period was legal and valid; whether the agreement under which defendant 1 came into office was a valid and binding agreement between the parties; could the committee appointed under section 7, religious endowments act (20 of 1863), legally dismiss a muttawali without assigning any reason as provided by the agreement. ..... in view of the provisions contained in the religious endowments act (20 of 1863) which govern the rights of the parties in the case, a suit by the surviving members of a committee appointed by the government under section 7 of the act is maintainable, and we are in agreement with the view taken by the learned judges in the decision of this court in the case of raghu nandan v. ..... the trial court, as also the court of appeal in its judgment passed ,on 25th march 1920, refused the prayer for injunction; and it was held by the court of appeal that the restriction clauses in the agreement under which raziuddin was appointed muttawali, could not be held to be illegal and void, as contended by the plaintiff raziuddin. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1927Mad551; 102Ind.Cas.328; (1927)52MLJ541
..... . civil procedure, if the real object of a suit is a relief which should be sought under section 14 of the religious endowments act, 1863, or section 92, code of civil procedure but nevertheless the plaintiff includes in his suit, as the plaintiff's have done in this suit, a prayer for the relief by way of enforcement of his individual right of worship, there might be reason to direct ..... . this shows how undesirable it is to make such, injunctions as have been sought in these proceedings in a suit brought by individual plaintiffs otherwise than under the provisions of section 14 of the religious endowments act, 1863, or of section 92, code of civil procedure ..... one of the reasons why the learned district judge dismissed the suit was that he found that it was of such a nature as could be brought only under section 92, civil procedure code, or section 14 of the religious endowments act, 1863, and therefore, being instituted in the district munsif's court and without the sanction required for a suit under either of these provisions, it could not be maintained. mr. ..... these are individual rights, which an individual can enforce against the temple authorities, if they obstruct him, without proceeding under either section 92, code of civil procedure or section 14 of the religious endowments act, 1863, or the provisions which have now taken their places for hindu temples in this presidency. .....
Tag this Judgment!Court : Chennai
Reported in : (1971)1MLJ422
..... where the question of the status of the temple is raised by the trustee for the purpose of getting the decision of the board, there is a dispute which the board is competent to decide under section 14(1) of the madras hindu religious endowments act, 1927, that if the board decides that the temple was an excepted temple according to the law then prevailing and the trustee being satisfied with this decision no application is made to the court to set ..... held by the full bench that a decision by the endowments board in 1927, that the temple in question was an excepted temple within the meaning of the definition of that expression as it stood in the hindu religious endowments act of 1927, does not preclude the board from subsequently holding after the amending act of 1930, came into force that under the new definition of that expression in the 1930 act, it is not an excepted temple. ..... clear from the order that though the nagapattinam temple committee prepared a register in 1868 in respect of temples which came under its control in pursuance of act (xx of 1863) and the suit temples were included in the register, the committee did not exercise any control over them. ..... under clause (2) of section 80, the decision is final subject to the result of any suit that may be filed in a civil court ..... of an excepted temple in clause (5) and that of a hereditary trustee in clause (6) of section 5 of act (i of 1925,), differ considerably from the definitions of those terms in the subsequent acts. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(2)SCALE724
..... arguments were raised that the permanent lease or patta entered into would be in violation of hindu religious endowments act, and thus be infructuous. ..... in the plaint, it was contended that permanent lease deed which was executed in favour of mandaram munikannaiah was null and void and the same was barred under section 29 of the madras hindu religious and charitable endowments act, 1929. ..... it was pointed out that the permanent lease deed 29.11.1915 is ab initio void as sanction was not obtained from the endowment authorities as prescribed under the madras hindu religious and charitable endowments act, 1929 which prohibits any alienation, lease, sale or mortgage exceeding five years and the appellants who had purchased in good faith and continuing in possession without any interruption since 1931, have perfected their ..... a) the suit for eviction of the appellants and for recovery of possession is not maintainable before a civil court b) a proceeding in that direction is maintainable only before the statutory designated authority under the andhra pradesh tenancy act, 1956 c) the suit is barred by limitation and d) the appellants have perfected their title to the suit properties with respective tenancy rights.14. ..... we must also note two other opinions regarding the interpretation of the application of the act. in u. ..... by pointing out the various clauses in the permanent lease, mr. m.n. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1979All74
..... men and worshippers of the idol devi annapurna ji installed in the temple in dispute situate on the western side of the tank known as 'paniwali dharamshala' in the city of jhansi, instituted a suit under section 14 of the religious endowments act, 1863 (hereinafter referred to as the act) with the allegations that it was a very ancient temple in which they had made various improvements, that the defendants who claimed to be the managers of the deity did not care to do seva poojah or clean ..... private endowment either debuttar or of any other kind is outside the scope of the religious endowments act, 1863. ..... i am, therefore, of the opinion that the provisions of section 14 of the religious endowments act were not applicable to the facts of the present case and the suit as framed was not ..... , there is another reason why the plaintiffs' suit is not covered by theprovisions of the religious endowments act and it must be held to be barred under section 92 of the civil p. ..... very object of the religious endowments act, as stated in the heading is, 'an act to enable the government to divest itself of the management of religious endowments. ..... these are the principles which must be remembered in interpreting the provisions of the religious endowments act, 1863.19. ..... thirdly, clause (2) of the aforesaid will appointed a committee of four persons to look after the management of the temple and its properties and of these two were not the relations of the testator and belonged to a different caste .....
Tag this Judgment!Court : Chennai
Reported in : (1945)2MLJ164
..... this is an appeal from the judgment and decree of the court of the district judge of south arcot dismissing with costs a suit brought by the appellant under section 73 of the madras hindu religious endowments act (ii of 1927) for the removal of the respondents and two other members of their family, since deceased, from the trusteeship of a temple known as sri ..... question as to the power of the court to grant such relief in this suit which has been brought under section 73 of the madras hindu religious endowments act, while making it clear that the respondents have no objection to a proper scheme being framed for the management ..... sections reveals that while section 73 is closely modelled on section 92 of the code, clauses (f) and (g) of subsection (i) of the latter are omitted from sub-section ..... interpretation of the conduct of the insolvent firm the theory of endowment breaks down as completely as does the theory that the firm intended to declare itself trustees for these passages would seem to show that, in their lordships' opinion, an allocation of specific property or fund to charity is essential both for effecting an endowment ..... section provides for alienation of immoveable trust property subject to certain conditions and limitations and corresponds to clause (f) of section 92(1) of the code, while the other sections which correspond to clause (g) make provision for settling schemes for ' non-excepted ' and 'excepted' temples by the board constituted under section 10 of that act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2436; 2001(6)ALT8(SC); JT2001(6)SC295; (2001)3MLJ196(SC); 2001(5)SCALE81
..... whether an institution or endowment is not a public institution or endowment snail not take effect unless such decision or order is confirmed by an order of the commissioner;(6) the presumption in respect of matters covered by clauses (a), (b), (c), (d) arid (e) in sub-section (1) is that the institution or the endowment is public one and that the burden of proof in all such cases shall lie on the person claiming the institution or the endowment to be private or the property or money to be other than that of a religious endowment or specific endowment as the case may be.section 160 states as follows ..... 1 of 1987 under section 87 (wrongly quoting as under section 77 of the 1966 act) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (for short 'the 1987 act') to decide whether the said temple was a public temple or not. ..... under section 87(1) of the act, the deputy commissioner having jurisdiction shall have the power to enquire into and decide after giving notice to the person concerned, any dispute as to the question (a) whether an institution or endowment is a charitable institution or endowment; and (b) whether an institution or endowment is a religious institution or endowment; besides other disputes covered by clauses (c) to (g). .....
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