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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 chapter iii archakas and temple servants Page 1 of about 45 results (0.043 seconds)

Aug 01 2019 (HC)

Shri Mookambika Temple Vs. Mr. Raviraja Shetty

Court : Karnataka

..... provisions of law applicable in the state of karnataka. consequently, the judgment of the division bench in sri venkatramana temple (supra) is held to be no longer good law and hence, is over-ruled; (iii) that the provisions of the karnataka hindu religious institutions and charitable endowments act, 1997 and the rules of 2002 made thereunder would apply to the respondent- employee as per the position of law as ..... .63. the act of 1997 has been enacted by the state legislature for better provision for the management and administration of hindu religious institutions and charitable endowments in the state of karnataka. while doing so, the act as well as the rules of 2002 have made specific provisions with wa no.1756/2015 regard to the emoluments and service conditions of archakas as well as other temple servants. chapter iv of the ..... 1972 being a parliamentary legislation, a central enactment dealing with payment of gratuity act, could be made applicable to a temple under section 1(3) of the act of 1972, as the act of 1997 deals with hindu religious institutions and charitable endowments including a temple in the state, which are covered under the act of 1997 and which has received the assent of the president on 25th october 2001, in the matter of .....

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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

..... deals with appointment of commissioner, deputy commissioner etc. an ias officer is to be the commissioner for hindu religious institutions and charitable endowments. there would be deputy commissioner and there would be assistant commissioner for implementing the act. chapter ii provides for subordinate officers and delegation of powers.chapter iii deals with archaks and temple servants. appointment of archak, qualifications for archaks are provided under sections 9 and 10 of the ..... 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 ..... public 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 the .....

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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

..... and to the hindu religious institutions and charitable endowments notified by the state government. the act shall not apply to mutt or a temple attached thereto and the institutions run or managed by hindu religious denominations. for the purpose of application of act, the word 'hindu' does not include a buddhist, jain or sikh as defined under section 2(16) of the act.10. sections 3 to 8 in chapter ii of the act deals with ..... by state government to the commissioner. sections 9 to 16 in chapter iii of the act, deals with appointment of archakas and temple servants, their qualifications, emoluments, service condition, misconduct, penalty, termination, retirement etc.11. sections 17 to 19 in chapter iv of the act, deals with creation of common pool fund. the notified institution under the act has to contribute five per cent of its gross annul income after ..... 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 the .....

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Nov 17 2015 (HC)

Maha Ganapati Shankara Devasthana, Sirsi and Others Vs. State of Karna ...

Court : Karnataka Dharwad

..... column 1, 2 and 3, respectively, in a tabular form: section as under the karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001)section as amended vide act no. 27/2011section as amended vide act no. 12/2012section 1(4) : it shall not apply (i) to a mutt or a temple attached, thereto; (ii) to any hindu religious institution or charitable endowment founded, organized run or managed by hindu religious denomination.substituted as:- section ..... shown in chapter ix. ? it was found that the law was covered ..... on the following provisions of the act: sections 3 to 8 in chapter ii deals with the powers of the commissioner. chapter iii deals with the appointment of archakas and temple servants, emoluments, salary etc. common pool fund is created in terms of chapter iv. advisory committee is constituted in terms of chapter v. notifying institutions are referred in chapter vii and declared institutions are suggested in chapter viii. powers of the commissioner are .....

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Nov 17 2015 (HC)

Mahaganapati Shankara Devasthana Vs. State of Karnataka

Court : Karnataka Dharwad

..... and 2012 amendments, in column 1,2 and 3, respectively, in a tabular form: as under the section karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001) section 1(4) : it shall not apply (i) to a mutt or a temple attached, thereto; (ii) to any hindu religious institution charitable endowment founded, organized run or managed by hindu religious denomination. or 2 clause section (16): hindu does not include a buddhist, jain or ..... are shown in chapter ix. it was found that the law was covered ..... on the following provisions of the act :67. sections 3 to 8 in chapter ii deals with the powers of the commissioner. chapter iii deals with the appointment of archakas and temple servants, emoluments, salary etc. common pool fund is created in terms of chapter iv. advisory committee is constituted in terms of chapter v. notifying institutions are referred in chapter vii and declared institutions are suggested in chapter viii. powers of the commissioner .....

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Jul 18 2007 (HC)

S.V.K. Sreenivasa Raghavan Vs. T.T. Devasthanam Rep. by Its Executive ...

Court : Andhra Pradesh

Reported in : 2007(5)ALD832

..... members of veeravalli family. however, ttd got included suit temple in the list of minor temples without consent of dharmakarthas. but, there is no divestment of management under section 34 of a.p. charitable and hindu religious institutions and endowments act, 1966 (act no. 17 of 1966, for brevity). therefore, the plaintiff cannot be treated as office holder or servant of ttd. the plaintiff and his predecessors were complying with ..... . inherently visited with mismanagement or misappropriation of the property of the charitable or hindu religious institutions or endowments, the object of the endowment etc. thereby getting defeated. with a view to remedy the same and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act was enacted. instead of management by a single person, chapter iii introduced in sections 15, 17, 18 and 19 as a ..... founders or their legal heirs, hereditary archakas or hereditary trustees (or their legal heirs) have been given limited rights, of course again subject to the provisions of the act no. 30 of 1987 and/or the rules made thereunder. therefore, if the petitioner is able to succeed in his contention that ex. a.11, dated 17.02.1997, terminating the petitioner is illegal .....

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Aug 10 2018 (HC)

Sri Samsthana Mahabaleshwara Devaru Vs. Secretary

Court : Karnataka

..... inseparable and integral part of the composite institution consisting of institution other than a temple.126. chapter ii of the act deals with appointment of commissioner for hindu religious institutions and charitable endowments for the state of karnataka as well as deputy commissioner for the aforesaid institutions. chapter iii deals with archakas and temple servants, while chapter iv deals with common pool fund. chapter v deals with constitution of advisory committee.127. chapter vi, which is relevant for the ..... mutt, which action is assailed in some of these writ petitions.3. we have perused the memorandum of writ petitions, statement of objections and other pleadings filed in each of the cases as well as the material placed on record. background facts:4. the karnataka hindu religious institutions and charitable endowments act, 1997 (hereinafter referred to as the act for the sake of brevity), received assent of the president ..... of india on 25/10/2001 and was enforced in the state from 01/05/2003. under section 78 of the said act, the religious endowments act, 1863; the charitable endowments act, 1890 and the charitable and religious trusts act, 1920 are not applied to charitable endowments and hindu religious institutions governed under the act. under sub .....

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Jan 29 1968 (HC)

T.K. Santhanagopala Chettiar and ors. Vs. Thimmi M. Seetharama Chettia ...

Court : Chennai

Reported in : (1968)2MLJ41

..... that the commissioner under the hindu religious and charitable endowments act is a government servant and therefore a notice under section 80 is necessary.6. in order to appreciate the contentions advanced, it is necessary to refer to certain statutory provisions. section 6, clause 18 of the hindu religious and charitable endowments act, 1959 deftness a 'religious institution' as a math, temple or specific endowment. clause 20 of the section defines ' temple ' thus:a place, by ..... commissioner or a deputy commissioner only when he is conducting an inquiry or hearing an appeal under chapter v or chapter vi. as i pointed, out already, the area committee exercised its powers, in appointing defendants 1 to 3 as trustees, under section 49 which falls under chapter iii of the act; and the commissioner exercised his power of revision under section 21 which falls under ..... chapter ii of the act. consequently i am unable to accept this contention of mr. govindachari.15. in relation to the commissioner .....

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Jan 17 1996 (SC)

Pannalal Bansilal Patil and Others Etc. Vs. State of Andhra Pradesh an ...

Court : Supreme Court of India

Reported in : 1996IAD(SC)684; AIR1996SC1023; 1996(3)ALT1(SC); JT1996(1)SC516; 1996(4)KarLJ252; 1996(1)SCALE405; (1996)2SCC498; [1996]1SCR603; 1996(1)LC265(SC)

..... any archaka, office holder or servant towards remuneration or otherwise for rendering service and for defraying the 'paditharam' and other expenses connected with the service or management of the temple, shall stand abolished with effect on and from the commencement of this act.10. the object of the act is to consolidate and amend the law relating to the administration and governance of charitable and hindu religious institutions and endowments ..... . inherently visited with mismanagement or misappropriation of the property of the charitable or hindu religious institutions or endowments, the object of the endowment etc. thereby getting defeated. with a view to remedy the same and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act was enacted. instead of management by a single person chapter iii introduced in section 15, 17, 18 and 19 as a ..... of the right to hereditary trusteeship, therefore, cannot be declared to be unconstitutional.24. chapter iii relates to administration and management of charitable and hindu religious institutions and endowments, as its heading indicates. by operation of scheme 14 all properties belonging to or given or endowed to a charitable or religious institution or endowment shall vest in that institution. a scheme has been evolved therein first to abolish the hereditary right in trusteeship .....

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Mar 19 1996 (SC)

A.S. Narayana Deekshitulu Vs. State of Andhra Pradesh and Others

Court : Supreme Court of India

Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; [1996]3SCR543

..... petitions and transfer cases concerned the constitutionality of sections 34, 35, 37, 39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act (for short, the 'act') abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple in west godavari district. the facts in writ petition no. 638/87 are sufficient for consideration of questions raised ..... the word is clearly derived from the root 'dh.r' - which denotes : 'upholding', 'supporting, 'nourishing' - that which upholds is dharma. in the vana parva of the mahabharata, verse-58 in chapter 69 says :(dharma is for the stability of society, the maintenance of social order and the general well-being and progress of humankind. whatever conduces to the fulfilment of these ..... stability of the social order'.64. in 'dharma - a legal discipline - select speeches and writings of dr. shankar dayal sharma, the present president of india (indian bar review vol. xx (3 & 4) 1993 special issue) in his centenary speech of swami vivekananda in the parliament of religions, he emphasised 'time-honoured philosophy of oneness and harmony within pluralism, the recognition of .....

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