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1 - 10 of 19 (0.26 seconds)Section 57 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Hindu Religious Institutions and Charitable Endowments Act, 1997
Hasham Abbas Sayyad vs Usman Abbas Sayyad & Ors on 12 December, 2006
37. Adverting to the decisions relied upon by Mr.S.Parthasarathy,
learned Senior Counsel appearing for the applicant, the decision of the Hon'ble
Supreme Court in Hasham Abbas Sayyad Vs. Usman Abbas Sayyad and
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others only lays down the broad proposition of law to the effect that an order
passed by a court when the jurisdiction would be coram non judice being
nullity, the same ordinarily cannot be given effect to. There is no dispute
regarding the broad proposition of law stated therein. The Hon'ble Supreme
Court however did not consider the question of bar enacted under the
particular enactment and the effect of such bar. The jurisdiction of civil court
to incidentally decided matters which may be within the exclusive jurisdiction
of the authorities constituted under the enactment was not gone into by the
Hon'ble Supreme Court. I therefore do not think that the said decision can be
relied upon as a precedent to conclude that the judgment of the civil court in
case on hand in O.S.No.7518 of 2008 is a nullity.
Thiruvengada Varadachariar Alias R. ... vs Srinivasa Iyengar And Ors. on 2 August, 1972
38. The Division Bench of this Court in Thiruvengada Varadachariar
alias R.Varadachari Vs. Srinivasa Iyengar referred to supra had dealt with a
suit filed for recovery of possession of a temple on the ground that the plaintiff
and defendants 3 and 4 in the said suit were the hereditary trustees of the said
temple. The right of the plaintiff and defendants 3 and 4 as hereditary trustees
itself was questioned by the defendants 1 and 2. It was in that backdrop, the
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O.A.No.483 of 2019
in
C.S.No.303 of 2019
Division Bench concluded that the suit as framed is not maintainable before
the civil Court.
Section 12 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Section 14 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959
Section 15 in Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Entire Act]
Sayarakshai Kattalai And Arthajama ... vs R. Radhakrishnan And Anr. on 29 March, 2001
In Sayarakshai Kattalai and Arthajama Kattalai attached to
Arulmighu Kayaroganaswamy and Neelayadakshi Amman Thirukoil,
Nagapattinam vs. R. Radhakrishnan and another reported in 2001 (3) MLJ
73, this court had held that it is a settled position of law that a civil suit is not
barred in respect of the relief which cannot be granted by the Deputy
Commissioner and in fact in such a suit, the civil court has jurisdiction to
decide all incidental issues which are within the jurisdiction of the Deputy
Commissioner. While doing so, this court had observed as follows:-