Court : Karnataka
..... president and hence is applicable in the state of karnataka vis- -vis hindu religious institutions and charitable endowments including temples and it only incidentally touches upon payment of gratuity, which is a central subject.77. in the result, the questions for reference are answered as under: (i) that the appellant being a temple as defined in clause (27) of section 2 of the karnataka hindu religious institutions and charitable endowments act, 1997, does not answer ..... who comes under the factories, mines, oil fields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental thereto. section 1(3) of the act of 1972 reads as under:1. short title, extent, application and commencement. x x x x (1) xxx (2) xxx (3) it shall apply to. (a) every factory, mine, oilfield, railway plantation, port and company; (b) every shop or establishment ..... the aforesaid case of management of venkataramana swamy temple, for the reasons indicated infra.12. the applicability of payment of gratuity act of 1972 is specified in sub-section (3) of section 1 thereof. section 1 of the act of 1972 reads as under:1. short title, extent, application and commencement: (1) this act may be called the payment of gratuity act, 1972. (2) it extends to the whole of india: wa no.1756/2015 provided that .....Tag this Judgment!
Court : Chennai
..... the temple of lord ayyappa constructed by the plaintiff society is not a religious institution within the meaning of sub-section 18 of section 6 read with sub-section 20 of section 6 of the tamil nadu hindu religious and charitable endowment act. the joint commissioner, hr and ce, administration department, who heard the said application dismissed the same by an order dated 25.04.2001. 5. aggrieved ..... 1 mlj 971 was also that of ayyappa temple run by sri ayyappa baktha sabha as a society. in the said decision, the learned judge after referring to various pronouncements of this court as well as the hon'ble supreme court and after taking into account the definition of the terms religious institution as well as temple in tamil nadu hindu religious and charitable endowment act ..... on the file of the xii assistant city civil judge, chennai.) 1. the plaintiff in o.s.no.12857 of 2009 on the file of the xii assistant city civil judge, chennai is the appellant. the said suit was filed under section 70 of the tamil nadu hindu religious and charitable endowment act 1959. 2. the facts which necessitated filing of the suit are ..... temple. 30. in the light of the above discussion, i conclude that the suit temple cannot be termed as a public temple falling within sub section 20 of section 6 of the hindu religious and charitable endowment act 1959 and cannot be termed as a religious institution as defined under sub section 18 of section 6 of the said act. in view of my findings as above, the orders of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... 107 of a.p. charitable and hindu religious institutions and endowments act 1966, act 17 of 1966, and also the present rules of 1987 framed in exercise of the powers conferred by section 80 read with section 153 of a.p. charitable and hindu religious institutions and endowments act, 1987, act no. 30 of 1987. the learned counsel submitted that in view of the date of auction, the old rules alone are applicable to the present case ..... main question which had been argued at length is relating to the obtaining of approval from the commissioner of endowments. rule 31(10) dealing with alienation of immovable property rules under the a.p. charitable and hindu religious institutions endowments act 1966, act 17 of 1966, which are applicable to the present case in view of the date of auction reads as hereunder:'the commissioner within six months from ..... in a particular way, it should be done in that way only especially when the consequences or otherwise of non-compliance had not been specified in a particular case. hence, i am also not inclined to accept with the finding of deemed permission and in this view of the matter, the findings recorded by the appellate court definitely cannot be sustained ..... granting this relief, no other relief can be granted. accordingly, the judgment and decree of the appellate court are hereby modified and the second appeal is partly allowed to the extent indicated above. no order as to costs. .....Tag this Judgment!
Court : Karnataka
..... 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 i.a. no. i of 2006 seeking permission to do certain things in connection with the celebration of urs ..... annexure-h, order this court clarified that there is no order by this court staying the application of the provisions of the hindu religious and charitable endowments act, 1997 and the notifications issued thereunder to the dargah and that the impugned notification including the dargah in the list of hindu religious and charitable institutions is still operative and is in force. this court also pointed out that the order dated 25 ..... are by and large the best to assess and to handle the situation depending upon the peculiar needs and necessities, within their special knowledge. their decision may involve to some extent an element of subjectivity on the basis of materials before them. past conduct and antecedents of a person or group or an organisation may certainly provide sufficient material or basis .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC181; (1969)1SCC844; 1SCR103
..... governance of charitable and hindu religious institutions and endowments in the state of andhra pradesh. chapter i contains the definitions of various expressions used in the act including the word 'commissioner'. chapter ii provides for the appointment of commissioner, joint commissioners etc., and gives their powers and functions. chapter iii deals with administration and management of charitable and hindu religious institutions and endowments. chapter iv provides for registration of such institutions and endowments. section 42 ..... pradesh (andhra areas) hindu religious & charitable endowments act, 1951, act no. 19 of 1951, hereinafter referred to as the 'repealed act'. the petitioner filed a suit on march 26, 1962 in the court of the subordinate judge, chittoor for a declaration that he was the rightful successor. the commissioner was impleaded as a party to the suit. he also filed a revisional application under section 92 of the repealed ..... . it was further directed that the assistant commissioner, tirupathi should take charge of the math and its affairs. meanwhile another claimant bhagwantdoss filed a suit on september 29, 1965, claiming title to the gaddi in his own right. the writ petition which had been filed by the petitioner was allowed by the high court on november 8, 1966. the matter ultimately .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... , : 2000(2)ald581 , my learned brother hon'ble justice g. raghuram, while considering the scope and effect of section 80(1)(c) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 which requires that every sale of any immoveable property belonging to any charitable or religious institution or endowment shall be effected by tender-cum-public auction in the prescribed manner subject to the confirmation by the commissioner ..... known as 'ravurivari dharmasala', regimental bazaar, secunderabad, which is governed by the provisions of the a.p. charitable and hindu religious institutions and endowments act, 1987 (herein referred to as 'the act') and the rules made thereunder. in g.o. rt.no.1224 revenue (endts.ii) department, dated14-7-1997, the government of andhra pradesh took a decision to accept the offer of p. sankar reddy (petitioner in ..... .no.1224, dated 14-7-1997 is, therefore, not contrary to the lease rules. i am unable to accept this submission. it appears from g.o. rt no.1224 itself that the commissioner of endowments has merely requested the government to issue necessary orders to sell the leasehold rights either in public auction or to one of the applicants. in the unreported judgment in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP264
..... commencement of the act as if the proceedings had been instituted under the act.8. section 110 then declares certain enactments to cease to apply to charitable and religious institutions. in so far as it is relevant it reads:'110 certain enactments to cease to apply to charitable and religious institutions: the enactments mentioned below shall cease to apply to charitable institutions and hindu religious institutions and the endowments thereof to which this act applies; and section ..... hindu religious institutions and endowments act, 1966 came into force repealing the 1951 act. the repealing provision i.e. section 109 of the act, however, saves all proceedings pending before the government any officer or authority or a trustee under the repealed act and directs the proceedings to be continued by the appropriate authority. the said section in clause (d) of sub-section (2) also saves any remedy by way of right application ..... a scheme, for the removal of the trustees and for rendering of accounts by the trustees.2. the defendant disputed that the extent of land is not what is shown by the plaintiffs but is only acs. 10-80 cents. they denied that the suit ..... provisions as the title of the chapter itself indicates they all relate to administration and management of charitable and hindu religious institutions and endowments. we fail to comprehend how the provisions relating to administration or management can be implication even suggest the intention of the legislature that section 110 would be .....Tag this Judgment!
Court : Chennai
Reported in : (2001)1MLJ709
..... favour of the temple was vested in the temple's trustees, the benefits of g.o.ms.no.2000 was available. the division bench considered the definition of 'temple' under section 6(20) of the tamil nadu hindu religious and charitable endowments act and came to the conclusion that since there was dedication of the properties to a community which constitutes a considerable ..... charitable endowment department and the managing trustee is appointed by the said department. in view of the above position, it has to be held that the suit temple is a public religious institution belonging to arya vaisya community and it is a religious trust....'10. in idol of sri kannika parameswari amman v. educational trust co. ltd., 1990 (1) lw 291 relied on by the learned ..... whether the exemption applicable to 'public religious trust' will include 'temples'. the supreme court upheld the validity of g.o.ms.no.2000 in s. kandaswamy chettiar v. state of tamil nadu and another, . the counter filed by the state in that case runs as follows: ' the prime object behind the grant of exemption to the buildings belonging to religious institutions is to enable ..... judge in the above decision, the division bench of this court specifically considered the application of g.o.ms.2000 to the .....Tag this Judgment!
Court : Chennai
Reported in : (1980)2MLJ358
..... hands of the 'samudayam' through the elected representatives of the community. it was claimed that the maintenance of such an institution as a denominational one was guaranteed by article 26 of the indian constitution and section 107 of the tamil nadu hindu religious and charitable endowments act xxii of 1959. reference was made to a scheme framed by the district court of nagercoil in o.s. no ..... provisions of the tamil nadu act, were, therefore, stated to be applicable and the plaintiff's institution was liable to contribute the audit fee.4. the following issues were framed by the trial court:1. whether the suit temple is a denominational one exclusively belonging to the vellala community of tamarakulam?2. whether the temple is a public religious institution within the meaning of tamil nadu ..... observed as follows:the law on the subject is well-settled when there is a question as to the nature and extent of a dedication of a temple, that has to be determined on the terms of the deed of endowment if that is available, and where it is not, on other materials legally admissible; and proof of long and uninterrupted ..... it has already been held that the provisions of the act would apply to the institution. the denomination has a right to administer its temple and not mal-administer it. if there is any maladministration, the department authorities would, in this view be in a position to exercise the necessary powers to the extent possible under the statute. the appeal is accordingly, partly .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR2205; 2005(5)KarLJ581
..... 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 ..... 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 ..... 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 ..... orderp. vishwanatha shetty, j.1. in this appeal, the appellants have called in question the correctness of the order dated 14th october 2004 made in .....Tag this Judgment!