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1 - 10 of 20 (0.36 seconds)Section 78 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Section 41 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Article 226 in Constitution of India [Constitution]
Section 34 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Section 34A in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Section 34B in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Section 34C in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Section 34D in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
A.N.Kumar vs Arulmighu Arunachaleswarar ... on 3 March, 2011
In that perspective, this Court, after appreciating the peculiar situation that the petitioner/Orphanage would be left without any remedy since, in terms of the ratio laid down in A.N.Kumar's case (cited supra), there is a bar of jurisdiction of Civil Court under the 2nd proviso to Section-79 in respect of suits instituted by a lessee/licensee/mortgagee of the religious institution or endowment, and also applying the traditional definition of justice underlined in the maxim Ubi Jus Ibi Remedium that there is no wrong without a remedy, is inclined to exercise its extraordinary powers under Article 226 of the Constitution both for maintaining the writ petition and for granting the relief sought for so that the interest and welfare of the poor orphans are safeguarded. Hence, this Court is inclined to accede to the prayer sought for in the Writ Petition; accordingly, the impugned order is hereby set aside.