Court : Supreme Court of India
..... bhudardas vaishya32 ( sastri yagnapurushadji ), a constitution bench of this court was seized with the issue of whether the swaminarayan sect could be exempted from the application of the bombay hindu places of public worship (entry authorization) act, 1956, which allowed dalits to worship in all temples to which the act applied. the petitioners, who were members of the swaminarayan sect, contended that by virtue of being a non ..... allowed to enter a place of public worship . in laying down such a prescription, rule 3(b) directly offends the right of temple entry established by section 3. section 3 overrides any custom or usage to the contrary. but rule 3 acknowledges, recognises and enforces a custom or usage to exclude women. this is plainly ultra vires. 123 maharashtra state board of ..... and if hindus migrate to other regions on earth, indian caste would become a world problem . see dr. babasaheb ambedkar: writings and speeches, (vasant moon ed.) government of maharashtra, vol. 1 (2014), at pages 5-6 105 part i hierarchical order of purity and pollution enforced by social compulsion. purity and pollution constitute the core of caste. while ..... attribute the stagnation and all the evils under which india has been groaning for many centuries past. 93 91 dr babasaheb ambedkar: writings and speeches, (vasant moon ed.) government of maharashtra, vol. 5 (2014), at pages 9-18 92 ibid, at page 15 93 india dissents:3. 000 years of difference, doubt and argument, (ashok vajpeyi ed.), speaking .....Tag this Judgment!
Court : Karnataka
..... is installed at a temple, but what is important is that it should be a place of public worship where hindu or sections thereof can use it for religious worship as of right. another aspect is that there should be a dedication. but, what is important is, the right of entry by public to the temple, though such a right could be regulated in terms of timings ..... has shifted the onus of proof to the administrative authority to justify its order when under challenge. in narayan vs. state of maharashtra [air1977sc183, the consideration was the applicability of the urgency clause - 210 - under section 17 of the la act when a preliminary notification was issued under section 4 of the la act. the bombay high court had quashed the notification issued under section ..... regulations, 1349f; (c) all institutions governed by the then madras hindu religious and charitable endowments act, 1951; (d) all institutions in kodagu district which are governed by the coorg temple funds management act, 1956; (e) all hindu religious institutions registered under the bombay public trust act, 1950, which are in receipt of any monthly or annual grant from public revenue or any amount under the karnataka certain inams (abolition .....Tag this Judgment!
Court : Mumbai Aurangabad
..... means a place by whatever designation known and used as a place of public religious worship and dedicated to or for the benefit of or used as of right by the hindu community or any section thereof as a place of public religious worship. 44. section 18 of the act of 1950 provides for registration of the public trust and ..... assistant charity commissioner, jalna has further rightly advised to make an application for framing of a scheme as provided under section 50a of the maharashtra public trusts act, 1950. in an inquiry under section 19, it is necessary to find out as to who are the persons in whom the properties ..... the protected tenant of the land to the extent of 2 acres from eastern side and ownership certificate dated 13.10.1956 also came to be issued by the competent authority. they have denied all the allegations made by the applicants, however, according to them, their claim is restricted to ..... protected tenant and the same is accordingly excluded the said property while deciding the proceeding. learned counsel submits that, the provisions of the maharashtra public trusts act, 1950 cannot be made applicable to the protected tenants property to the extent of 2 acres out of land sy no.229. learned ..... is issued in the name of opponent shri kedargir harigir in the capacity of manager and further due entries be recorded in the register kept u/s 17 of the bombay public trust act, 1950. further the applicants are advised to take legal steps for recovery of the properties which are .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; 2SCR644
..... entry into religious institutions like temples, maths etc. on grounds of untouchability; article 17 outlawed it and declared such practice an offence. article 25 and 26 own open all public places and all places of public to all hindu religious denominations or sects for worship offering prayers or performing any religious service in the places of public worship ..... weapon. the court with an avowed endeavour to render justice, applied principles of natural justice with a view to see that the authority would act fairly. therefore the grounds of illegality, irrationality, unreasonableness, procedural impropriety and in some cases proportionality has been applied, to test the ..... 356 is a constitutional function and the same is subject to judicial review. sri t.r. andhyarujina the learned advocate general of maharashtra, contended that though the presidential proclamation is amenable to judicial review, it is in the thicket of political question and is ..... an enquiry ordered into the affairs of the appellant-company by the company law board under section 237(b) of the companies act, 1956. section 237 read as follows :without prejudice to its powers under section 235, the central government(a) shall appoint one or ..... neutrality in matters of religion and provide equal protection to all religions subject to regulation and actively acts on secular part.263. in radial pannachand gandhi v. state of bombay  scr 1035, this court defined the religion that it is not necessarily atheistic and , .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(1)BomCR419
..... was the ultimate interpreter of the provisions of the interstate water disputes act, 1956, and had authority to decide the limits, powers and the jurisdiction of the tribunal constituted under the act. the court had not only the power but obligation to decide ..... as contemplated by section 9a of the code of civil procedure, as amended in its application to the state of maharashtra. particular reliance was placed on two decisions of this court in meher singh v. deepak sawbay 1998 (4) all mr 536 and ..... on the temple. the suit was opposed on the ground that the plaintiff had brought the suit as a mere worshiper, and that he had no legal or equitable right to the properties of the temple which constitute the subject- ..... narain : 3scr922 , a question arose as to whether a marriage contracted in contravention of section 15 of the hindu marriage act is not void but merely invalid not affecting the core of marriage, and the parties are subject to a binding ..... rightful shareholders, and his right to acquire new shares in the company pro rata with other rightful shareholders. an entry in the register which is bad or illegal affects these rights of the individual shareholder. he is thereby prejudiced and ..... public policy. in jambu rao satappa kocheri v. neminath appayya hanamannayar : 3scr706 , a contract for purchase of land with the knowledge of the parties that the purchaser will be in possession of lands in excess of ceiling under section 5 of the bombay tenancy and agricultural lands act .....Tag this Judgment!
Court : Allahabad
Reported in : 2005(1)ESC437
..... contended with vehemence that hyper technical objections are being taken in the matter whereas anxiety should be that cause of justice is advanced. kallu ram had full authority to move an application and writ petition both as he was duly authorised by group of workmen to prosecute the proceeding and further even if same was not ..... clause (8) of section 2 as follows :'8. 'establishment' means a shop commercial establishment, residential, hotel, restaurant, eating house, theatre or other place of public amusement or entertainment to which this act applies and includes such other establishment as the state government may, by notification in the official gazette, declare to be an establishment for the purposes of ..... maharashtra shops and establishments rules, 1961, made under section 67 of the bombay shops and establishment act. this form shows that the register is divided into five parts. part i consists of shops; part ii consists of commercial establishments; part iii consists of residential hotels; part iv consists of restaurants and eating houses; and part v consists of theatres and other places of public ..... are to the effect that in the district of allahabad, there are two companies registered under the companies act, 1956, namely, maya press private limited, a private limited company and mitra prakashan ltd., a public limited company, incorporated under companies act. office and establishment of both the companies are situated in the same building at muthiganj, allahabad. maya .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2005SC3172; 2005(5)ALD123(SC); 2005(5)ALLMR(SC)973; 2005(3)AWC2796(SC); 2005(6)BomCR769; [2005(4)JCR60(SC)]; JT2005(7)SC185; (2006)2MLJ186(SC); (2005)6SCC690; 2005(2)LC1
..... worship and religious philosophies. in various codified customary laws like hindu marriage act, hindu succession act, hindu adoption and maintenance act and other laws of pre and post-constitution period, definition of 'hindu' included all sects, sub-sects of hindu religions including sikhs and jains.28. the word 'hindu ..... any part of the world. john stuart mill described india as 'a world placed at closed quarters'. india is a world in miniature. the group of ..... have to be determined.81. as a result of the insertion of entry 25 into list iii, parliament can now legislate in relation to education, ..... linguistic basis under states reorganisation act, 1956 does not render the power of central government under section 2(c) of the act redundant.9. learned counsel ..... authority in entertaining representation, demands and counter-demands of members of jain community for the status of 'minority'. keeping in view the provisions of the act ..... azad. the diary was made public, in accordance with his last wish only after 25 years of independence. the publication of azad's diary made it ..... chhatisgarh, maharashtra, madhya pradesh, uttar pradesh and uttaranchal have already notified jains as 'minority' in accordance with the provisions of the respective state minority commissions act.8 ..... act, 1992 (shortly referred to as the act).2. section 2(c) of the act defines minority thus :-'minority, for the purposes of this act, means a community notified as such by the central government;'3. the high court of bombay .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... act, 1956 which was applicable to that part of gujarat which formed part of erstwhile state of saurashtra was repealed. apart from extending the bombay act, section 5 of the bombay act, which was called 'the principal act' in the gujarat act ..... shall be slaughtered in any place other than a place specified by such authority or officer as the state government may appoint in this behalf.'3. the preamble to the act stated - 'whereas it is ..... library), narendra kumar and ors. v. union of india (uoi) and ors., : 2scr375, the state of maharashtra v. himmatbhai narbheram rao and ors., : 2scr392, sushila saw mill v. state of orissa and ors., : ..... the constitution bench ruled that the expression 'in the interests of general public' is of a wide import covering public order, public health, public security, morals, economic welfare of the community and the objects mentioned in ..... it is common knowledge that cow and its progeny, i.e., bull, bullocks and calves are worshipped by hindus on specified days during diwali and other festivals like makr-sankranti and gopashtmi. a good ..... narayanan oration delivered by dr. swaminathan at the australian national university, canberra, published in 'the hindu', october 17, 2005, p.10)'in india, nearly 600 million individuals are engaged in farming and ..... ., : (1997)iillj1sc, this court interpreted the object of writing the confidential reports and making entries in the character rolls by deriving support from article 51-a(j) which enjoins upon every citizen .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1967Kant182; AIR1967Mys182; (1967)2MysLJ277
..... states by the states reorganisation act, 1956, the districts of belgaum, bijapur. dharwar and kanara were included in the state of mysore. in the year 1960 there was a further division of bombay state into the linguistic states of gujarat and maharashtra. consequent on the said ..... bedar' caste in belgaum district is false out of the 58 entries of births and deaths in sulidhal village in the year 1928, 24 persons have given their caste as 'bedars' all authorities on castes, and tribes government gazetteers and orders of government ..... tiger and swear by its name. they have yards known as 'khatris' where rude images of deceased ancestors are installed and worshipped. they show no respect for brahamans and even have a saying that the death of a 'tilak' wearer is equivalent to ..... into the tribe the favourite deities of berads are durgavva. mallikarjuna maruti. yallamma and khandoba. their priests are bhrahmans in some places lingayet mathapatis are employed to conduct the death ceremonies. the dead are either burnt or buried. for the propitiation of deceased ..... or talwars and they are largely found in the nizam dominions as also in belgaum. bijapur and dharwar districts.32. hindu tribes and castes. volume it by rev m.a sherring contains the following information regarding bedars at page 321 :'(11) ..... are printed and published by the government and are available for sale to the public the reports of census compiled by the superintendents of the census operations do not fall within the scope of section .....Tag this Judgment!
Court : Karnataka
..... maharashtra have made necessary changes in the law giving equal right to daughters in hindu mitakshara coparcenary property. the kerala legislature has enacted the kerala joint hindu family system (abolition) act, 1975. it is proposed to remove the discrimination as contained in section 6 of the hindu succession act, 1956 ..... enjoins to eliminate obstacles and prohibit discrimination in inte state succession based on sex.124. the public policy and constitutional philosophy envisaged under articles 38, 39, 46 and 15(1) and ..... contrary, when such an attempt was made by the state legislatures and the interpretation placed on the aforesaid provision resulted in heart burning and also contrary to the constitutional mandate ..... bombay school, tills division serves no useful purpose, not does it rest upon any true or scientific basis. mithakshara has for more than nine centuries occupied a plane of ascendancy and authority ..... hindu society. joint hindu family consists of all persons lineal descended from a common ancestors and includes all wives and unmarried daughters. undivided hindu family is originally joint not only in estate but also in food and worship ..... entry no.5 in concurrent list, schedule-vii of the constitution of india. both the parliament and the state legislatures are competent to pass law in respect of the same. it is in pursuance of the power conferred under article 245 of the constitution of india the indian parliament passed the hindu succession act, 1956. section 6 of the said act .....Tag this Judgment!