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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 Page 1 of about 515 results (0.052 seconds)

Mar 30 2005 (HC)

Commissioner for Hindu Religious and Charitable Endowments and anr. Vs ...

Court : Karnataka

Reported in : ILR2005KAR2205; 2005(5)KarLJ581

..... .2. sri ramanjaneya gowda, learned addl. government advocate appealing for the appellants submitted that in the light of the provisions contained in the karnataka hindu religious institutions and charitable endowments act 1997 [hereinafter referred to as 'the new act'], the 1st appellant was justified in passing the impugned order annexure-a. it is his submission that the donations permitted by the 1st appellant referred ..... to by the learned single judge in his order relates to the period prior to coming into force of the new act.3. however, sri padubidri ..... the respondent-temple must be allowed to disburse the said amount for the benefit of public at large. in oilier words, it is his submission, if other charitable or religious institutions who are discharging public duty for the benefit of the public come forward seeking donations from the respondent-temple, keeping in mind the larger public interest and the ..... by means of a general order it is not permissible for the 1st appellant to reject the request made by the respondent to disburse the amount to various charitable and religious institutions. elaborating his submission, the learned counsel pointed out that if the amounts are required for the purpose of a hospital or for the purpose of financing for .....

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Nov 14 2005 (HC)

Dr. Madhav Shankar Pandit and ors. Vs. Dr. Ganapati Narayan Sabhahit a ...

Court : Karnataka

Reported in : ILR2006KAR657

..... on the basis of succession to the trust. on the basis of said application proceedings were commenced before the district court on 15/9/1997. as on that date, though the karnataka hindu religious institutions and charitable endowments act, 1997 (act no. 33/01) was enacted, it had not come into force till the notification as required in law was published. it is ..... managing trustee of vinayaka devaru temple, idagunji subject to the changes that will take place in accordance with law and in accordance with the provisions of karnataka hindu religious institutions and charitable endowments act, 1997.(emphasis supplied)17. from the reading of the operative portion of the judgment it is abundantly clear that the said appointment of second appellant is subject ..... answer to the above legal contention will be subject to another legal contention urged by the respondents counsel. the contention is that after the karnataka hindu religious institutions and charitable endowments act, 1997 hereinafter called 'khri & ce act' has come into force with effect from 1 /5/2003, whether the appeal filed against the order passed by the district court on the ..... an undisputed fact that khri & ce act came into force with effect from 1/5/2003 vide notification dt: 30/4/2003 published in the .....

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Sep 23 2008 (HC)

Grama DevaThe Sri Renuka Parameshwari (Kodhihallamma) Devasthanada Jee ...

Court : Karnataka

Reported in : ILR2008KAR4849; 2009(1)KarLJ427

..... critical evaluation of the report submitted by all the three authorities referred above, has taken a decision with reference to section 1(4)(ii) of the karnataka hindu religious institutions and charitable endowments act, 1997 stating that, on the basis of the records available on file and the report submitted by the subordinate officers, the temple in question has been formed by ..... a particular sect, viz. 'manyada hallikara' community, and hence, it cannot be declared as muzrai temple or a declared institution.6. as per section 1(4)(ii) of the aforesaid act ..... first respondent to reconsider the matter of declaring the temple in question, viz., sri renuka parameshwari (kodihallamma) temple, as a muzarai temple or a declared institution under section 43 of the act of 1997 as sought for by the villagers.2. petitioner herein is an association of persons, registered under the provisions of the karnataka societies registration ..... temple and requested the competent authority to declare sri renuka parameshwari (kodihallamma) temple (hereinafter called 'temple' for short) as a muzrai temple or a declared institution under section 43 of the act.3. in the light of the memorandum submitted by the villagers through the petitioner -association, the tahsildar, hiriyur, after conducting enquiry, submitted his report .....

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Aug 20 2003 (HC)

V. Ramakrishna and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2003(5)KarLJ417

..... 78 thereof is the repeal and savings clause. by the said section three acts were saved and seven other acts including the mysore religious and charitable institutions act, 1927 (mysore act vii of 1927) were repealed with a proviso that ..... view of the provisions of the karnataka general clauses act and it is also settled that if there is no repealing clause provisions of the karnataka general clauses act will not be applicable.9. a perusal of the records reveals that admittedly the karnataka hindu religious institutions and charitable endowments act, 1997 came into force from 1-5-2003 and section ..... section 6 of the karnataka general clauses act, 1899 (karnataka act iii of ..... interference as the order dated 25-8-2001 has not been implemented. the government by notification dated 30-4-2003 declared that the provisions of the hindu religious institutions and charitable endowments act shall come into force with effect from 1-5-2003. he also submits that in absence of any repeal and saving clause the appellants have .....

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Jul 05 2007 (HC)

The Management of Sri. Venkatramana Temple and Sri. Hale Mariyamma Tem ...

Court : Karnataka

Reported in : 2007(5)KarLJ311; (2008)ILLJ122Kant; 2007(5)KLJ311; 2007(3)KCCR2027; 2007(5)AIRKarR331

..... the petitions is by the shree durga parameshwari temple, kateel, mangalore. it is contended therein that it is a hindu temple which was earlier governed under the madras hindu and religious endowments act, 1959, and now governed under the karnataka hindu religious institutions and charitable endowments act, 1997.6. it is stated that the third respondent was an employee of the temple, whose application for grant of ..... gratuity benefit before the controlling authority was allowed against the temple. the same was confirmed in appeal. the petitioner is hence before this court.7. it is contended by the petitioners that the payment of gratuity act ..... was not an establishment with in the ambit of section 1(3)(b) of the payment of gratuity act. it was contended therein that the temple therein was a religious institution and a body corporate, incorporated under the shree jagannath temple act, 1954, the same provided for payment of gratuity to its employees and that the claimant therein had ..... kerala high court has held in the above case that a devaswom would not come within the purview of the shops and commercial establishments act, having regard to the paramount object of the institution as well as the particular functions it discharges.10. per contra the respondents would contend that there is no denial of the fact that .....

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Sep 09 2005 (HC)

B.M. Sukumar Shetty, Managing Trustee, Kollur Mookambika Temple and or ...

Court : Karnataka

Reported in : ILR2005KAR5241; 2005(5)KarLJ481

..... hold enquiry in accordance with law.for the reasons stated above the following order.-(i) all the writ petitions are hereby dismissed;(ii) i hold that the karnataka hindu religious institutions and charitable endowments act, 1997 and the karnataka hindu religious institutions and charitable endowments rules, 2002, as valid and constitutional;(iii) liberty is reserved to the petitioners who are aggrieved by their inclusion in the notifications issued under section 23 of ..... . seventeen years after the above observation of supreme court the government of karnataka enacted the karnataka hindu religious institutions and charitable endowments act, 1997 by act 33 of 2001 and the karnataka hindu religious institutions and charitable endowments rules, 2002 which came into force with effect from 1-5-2003 (for short, 'the act'). the validity of this act and the rules made therein are called in question in these writ petitions and also to ..... quash the notification issued by the respondents under section 23 of the act. in the alternative it is .....

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Sep 08 2006 (HC)

Sri Sahasra Lingeshwara Temple, Rep. by Its Managing Trustee Sundaresh ...

Court : Karnataka

Reported in : 2007(1)KarLJ1

..... each one of the cases. the state government in terms of the powers conferred on then has chosen to enact a law by name the karnataka hindu religious institutions and charitable endowments act, 1997 and the rules framed thereunder. the said act in terms of the statement of objects and reasons was enacted in the light of a longstanding public demand to bring about a uniform law to ..... provide for the regulation of all charitable endowments and hindu religious institution in the state, which are now regulated under different enactments having local application in different parts of the state. the ..... demand to provide for regulation of all charitable endowment and hindu religious institutions in this state. it was with these two laudable objects, the state government enacted 1997 act and repealed all the earlier five acts namely, 1) the karnataka religious and charitable institution act, 1927 2) the madras hindu religious and charitable endowment act, 1951 3) the bombay public trust act, 1950 4) hyderabad endowment regulations act 5) the coorg temple funds management act, 1956. the history therefore reveals that .....

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Nov 18 2006 (HC)

K. Nissar Ahmed and ors. Vs. State of Karnataka and ors.

Court : Karnataka

..... by the high court staying the notification including sree guru dattathreya bababudan swamy dargah in the list of hindu religious and charitable institutions or the application of the provisions of the hindu religious institutions and charitable endowments act, 1997 to the said institution. however, on behalf of the sree guru dattathreya bababudan swamy dargah an interlocutory application was filed as ..... a notification dated 30-4-2003 was issued including sri guru dattathreya bababudan swamy dargah in the list of hindu religious and charitable institutions governed by the provisions of the karnataka hindu religious institutions and charitable endowments act, 1997. one mohammed siddique and another firoz m. khan claiming to be the disciples of sri guru dattathreya bababudan swamy ..... kar. 4386 (db) and connected cases. consequently, the notification dated 30-4-2003 issued under the karnataka hindu religious institutions and charitable endowments act, 1997 including shree guru dattathreya bababudan swamy dargah in the list of hindu religious and charitable endowments is not in force now.7. in the light of the above facts and circumstances it cannot be disputed ..... . 17351 of 2005 was dismissed.6. in the meanwhile a division bench of the high court of karnataka has struck down the karnataka hindu religious institutions and charitable endowments act, 1997 as per judgment dated 8-9-2006 in writ appeal no. 3440 of 2005 shri sahasra lingeshwara temple, uppinangady, puttur taluk, dakshina .....

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Mar 24 2009 (HC)

Sri M. Sanjeev Gowda S/O Sri Annaiah Gowda Vs. the Commissioner, Hindu ...

Court : Karnataka

Reported in : ILR2009KAR2254

..... the committee of management may be constituted, as per the provisions of the act.(b)(i) sri ral submits that the impugned order is passed without jurisdiction. he submits that under section 25(1) of the karnataka hindu religious institutions and charitable endowments act, 1997, (for short 'the said act') the prescribed authority alone has the competence to constitute the committee of management ..... . he draws support from the provisions contained in section 25(1) of the said act which are extracted hereinbeiow:25(1) subject to any general ..... as the state government may make, have powers of general superintendence and control for the purpose of carrying out the provisions of this act in respect of all hindu religious institutions and charitable endowments in the state, and such superintendence and control shall include the power to pass any order which may be deemed necessary to ensure that ..... prescribed authority. in this regard, he brings to my notice the two provisions of law contained in rule 3(2) and 22(3) of the karnataka hindu religious institutions and charitable endowments rules, 2002 (for short 'the said rules'). they are extracted herein below:3(2) the commissioner, the deputy commissioner and the assistant commissioner shall respectively .....

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Aug 08 2006 (HC)

Dr. Madav S/O Shankar Pandit Vs. the State of Karnataka R/P Its Chief ...

Court : Karnataka

..... co-trustees of the very trust of which the petitioner claims to be a trustee had filed writ petitions challenging the constitutional validity of section 78(2)(a) of the hindu religious institutions and charitable endowment act, 1997, but failed in their attempt before a learned single judge of this court.4. undaunted, such petitioners have pursued their efforts by filing writ appeals and as submitted by ..... a trustee of shree vinayaka dev temple at idagunji, a public charitable trust which had been registered under the bombay public trusts act, 1950 [for short '1950 act'].2. the bombay public trusts act, 1950 has been repealed in terms of the provisions of section 78(2)(a) of the hindu religious institutions and charitable endowment act, 1997 [for short '1997 act'].3. it appears every person who were the trustees and including ..... .6. submission of sri. venkataramana, learned counsel for the petitioner is that the word 'court' had been defined under the provisions of the 1997 act which reads as under:'2(11) 'court' means in relation to a charitable endowment or hindu religious institution in any area, the district court having jurisdiction over such area7. it is also submitted that the word 'court' had been defined even under .....

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