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 ..... 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 act. the emoluments of archaks are provided under ..... 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 it was with these two laudable objects, the state government enacted 1997 act and repealed all the earlier five acts namely, 1) the karnataka religious and charitable institution act, 1927 2) the madras hindu religious and charitable endowment act,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 .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... to make better provisions for the management and administration of hindu religious institutions and charitable endowments in the state of karnataka. in section 58 of the impugned act the authorities under the act, are restrained from interfering with religious customs, usages, ceremonies and practices of a notified institution. under the impugned act, provisions are made relating to age, qualification and service conditions of archakas, creation of common pool fund, budget, accounts and audit ..... 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 act, to approach the authorities under the act, if they are so advised. if such written complaints are filed ..... entire state of karnataka 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 .....Tag this Judgment!
Court : Chennai
..... . before going into rival contentions, it will be useful to extract certain important definitions in the tamil nadu hindu religious charitable endowment act 1959. sub section 18 of section 6 defines a 'religious institution' as follows: section 18 religious institution means a math, temple or specific endowment sub section 20 of section 6 of the hr and ce act 1959 defines temple , which reads as follows: temple means a place by whatever designation known, used as ..... basis of religion, caste, creed or community. on the above contention, the plaintiff would claim that the temple is not a religious institution as defined under sub-section 18 of section 6 of the hindu religious and charitable endowment act. therefore, the defendants namely, commissioner hr and ce, hindu religious charitable endowment administration department, cannot have any say in the matters of management of the temple in question. 8. in the suit the ..... section 6 of the tamil nadu hindu religious and charitable endowment act. on the above materials the defendant had come to the conclusion that the temple is a public temple and a religious institution falling within the purview of the tamil nadu hindu religious charitable endowment administration department and the department has got every right to appoint non-hereditary trustees. on the above contentions the defendant sought for dismissal of the suit. 10 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... arise for consideration in this second appeal:(a) whether the approval of the commissioner, endowments under rule 31(10) of the alienation of immovable property rules (gift, sale, exchange or mortgage of property) under sections 74, 86(3), 90(3)(a) read with section 107 of the a.p. charitable and hindu religious institutions and endowments act, is mandatory or directory?(b) whether the ground of deemed permission is sustainable ..... 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. but however, the language of rule 31(10) of the old rules and rule 25(14 ..... in the facts and circumstances of the present case?(c) whether the commissioner, endowments also is .....Tag this Judgment!
Court : Karnataka
..... are allowed.5. in the meanwhile 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 dargah challenged the above mentioned notification ..... 1984 which was disposed of by the high court on 1-3-1985 directing the commissioner for religious institutions and charitable endowments to make an enquiry through the muzrai officer regarding ..... court was confirmed by the supreme court in its order dated 1-11-1991 in s.l.p. no. 17040 of 1991. the commissioner for religious institutions and charitable endowments had issued orders dated 24-8-1983, 10-1-1984 and 28-1-1985 regarding the administration of the dattathreya peetha. the said orders were subject-matter in writ petition no. 2294 of ..... to punish those who violate the law. no government worth its name can afford to neglect its duty to uphold rule of law and to maintain law and order.10. it is not necessary for this court to consider or decide whether the proposed rituals and functions are permitted under annexure-d and annexure-h orders. it is for .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC181; (1969)1SCC844; 1SCR103
..... article 32 of the constitution challenging, inter alia, the constitutionality of sections 46 and 47 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (act no. 17 of 1966), hereinafter called the 'act' and for issuance of a writ in the nature of mandamus or other appropriate writs and directions to the commissioner of hindu religious and charitable endowments, hereinafter called the 'commissioner', prohibiting him from exercising his powers ..... or taking action under the aforesaid sections.2. the petitioner claims to be ..... rule laid down in the first shirur math case. by doing so in exercise of the powers under section 47 the commissioner has also debarred the petitioner from practising and propagating religion freely which he is entitled to do under article 25(1).10. the attack on the ground of violation of article 25(1) can be disposed of quite briefly. it .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... 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 ..... .1224, dated 14-7-1997 is itself illegal and void being incontravention of rule 3 of the immovable properties (other than agricultural lands) lease rules, 1982, framed under the andhra pradesh charitable and hindu religious institutions and endowments act, which requires all the immovable properties other than the agricultural lands owned by the hindu religious institutions and endowments should be leased out only ..... 1scr989 , wherein the apex court deprecated the sale of land belonging to a charitable endowment by private negotiations instead of by public auction. i have, therefore, no hesitation in holding that g.o. rt. no.1224, dated 14-7-1997 is illegal and void as it is plainly in contravention of rule 3 of the ..... ', 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. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP264
..... over the existing corresponding provisions and section 37, which is the last provision of the chapter relates to qualifications of and remuneration to archakas.29. what does this brief survey of chapter iii indicate on a reading of these 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 ..... relating to the religious endowments governed by the act could be instituted by the religious endowment board or by some persons having interest and with the permission of the board.52. the 1926 act was repealed by the madras hindu religious and charitable endowments act, 19 of 1951. section 5 (3) (e) of the repealing act said that 'sections 92 and 93 shall cease to apply to hindu religious institutions and endowments' section 62 of the repealing act provided for suits ..... pra)10. the answer to the questions raised indisputably depends upon the construction we place on section 110 of the act. while it was contended by the appellants that the section is retrospective in its operation and affects also the pending case the contention of the respondents was that the said section is prospective in its character and does not affect the pending cases instituted under .....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 ..... the grant of exemption to the buildings belonging to religious institutions is to enable the institutions to get enhanced income by increasing their rents. the buildings were endowed to the public religious and charitable trusts for carrying out certain religious or charitable purposes. with the escalation of prices, the religious and charitable trusts are not in a position to carry out the endowment, if the income of the property is not ..... that, ' the plaintiff-temple is under the administration of the hindu religious and 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 .....Tag this Judgment!
Court : Chennai
Reported in : (1980)2MLJ358
..... 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 ..... thus resisted.3. the commissioner, hindu religious and charitable endowment, has been impleaded as the second defendant and he has filed a written statement in which he has stated that the temple was a public one to which all sections of hindu community had access and that, therefore, it was not a denominational temple. there was a paid archaka doing pooja services in the temple ..... plaintiff was liable to pay contribution and audit fee. the suit was held to be not barred by sections 63 and 108 of tamil nadu act xxii of 1959 this was the answer to issue no. 5 the other issues namely issues 10 and 6 were found in favour of the plaintiff and issues 4 and 8 were answered against the plaintiff ..... of the temple and its affairs, it would be a denominational institution, though the public are not excluded from it.10. these principles came to be applied by a division bench of this court in madurai sourashtra sabha represented by its honorary secretary, t. d. rajagopalier v. the commissioner, hindu religious and charitable endowments (administrative department) madras 1971 84lw86,. in that case the sourashtra .....Tag this Judgment!