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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Court: karnataka Page 1 of about 9 results (0.157 seconds)

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 ..... 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 it was with these two laudable objects, the state government enacted 1997 act and repealed all the earlier five acts namely, 1) the karnataka religious and charitable institution act, 1927 2) the madras hindu religious and charitable endowment act,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 .....

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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

..... 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 .....

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Aug 01 2019 (HC)

Shri Mookambika Temple Vs. Mr. Raviraja Shetty

Court : Karnataka

..... management and administration of the hindu religious institutions and charitable endowments in the state of karnataka. the said act received the assent of the president on 25th october 2001.12. section 2 of the act of 1997 is the definition clause. the relevant definitions are extracted as under:2. definitions.in this act, unless the context otherwise requires x x x 2(17)- religious institution means a temple or an endowment and includes a brindavana, samadhi ..... the hindu community or any section thereof as a place of public religious worship and includes a mandira, samadhi, brindavana, gadduge, shrine, sub- shrine, utsav mantapa, tank, paduka- peetha, daivasthana, gudi, garodi or other necessary appurtenances, structures and land.13. section 9 of the act of 1997 deals with the appointment of archakas and temple servants. section 10 and 10a prescribe qualifications and disqualification of archakas, while section 11 speaks about archakas to ..... be on the committee of management. the emoluments and service conditions of archakas are prescribed in section 12. the same reads as under:12. emoluments and service conditions .....

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Nov 18 2006 (HC)

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

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 .....

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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

..... 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 application of the second appellant would still survive or not. under section 78 of the act of the khri & ce act, the bpt act is repealed. nodoubt section 6 of the karnataka ..... lies to this court under section 72(4) of the act against the rejection of the application for appointment of a person as a trustee is not tenable in law.6. the 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 ..... warrant to review the judgment passed in miscellaneous appeal. the apex court in the said case has examined the power the review and laid down the law at paragraph 170.10. sri u.l. bhat, learned counsel appearing on behalf of appellants 1 and 2 submits that the aforesaid decision has no application to the fact situation as it was a .....

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Sep 23 2008 (HC)

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

Court : Karnataka

Reported in : ILR2008KAR4849; 2009(1)KarLJ427

..... first respondent has after 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 ..... 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 .....

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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

..... records reveals that admittedly the karnataka hindu religious institutions and charitable endowments act, 1997 came into force from 1-5-2003 and section 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 section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899) shall be ..... 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 no vested right to interfere. more so, the 10 persons have accepted the order and only two have challenged this appeal.5. learned counsel for caveator-respondent 8, a. nagarajappa submits that the appellants cannot take ..... be applicable as if the said enactments are repealed and re-enacted by this act.10. section 6 of the karnataka general clauses act, 1899 reads as follows:'6. effect of repeal.--where this act or any mysore act or karnataka act made after the commencement of this act, repeals any enactment hitherto made or thereafter to be made, then, unless a different intention appears, the repeal shall .....

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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

..... second of 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 ..... had occasion to consider whether a temple 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 ..... 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 the respondents were erstwhile employees of the .....

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Jul 12 2002 (HC)

H.M. Basamma (Deceased) by L.Rs. Vs. the Commissioner of Hindu Religio ...

Court : Karnataka

Reported in : 2002(4)KarLJ535

..... 8-1970 holding that it was a temple coming within the purview of the hindu religious and charitable endowments act and directed the assistant commissioner, hindu religious and charitable endowments, bellary to take suitable steps for the better management of the institution as per rules and further held that the plaintiff was the hereditary archaka-cum-trustee of the said temple. it was further averred that taking advantage of ..... interconnected and to avoid repetition.the suit of the plaintiff was filed under section 62 of the act read with order 7, rule 1 and section 26 of the civil procedure code. the scope of the suit filed under section 62 of the act has been considered by this court in commissioner of hindu religious and charitable endowments, karnataka, bangalore and anr. v. committee of management of jeeva samadki ..... respondent in the said appeal to file the suit, the said appeal was disposed off on 28-2-1972 and wherefore the suit that was filed on 15-11-1997 was clearly barred by time and wherefore it is clear that the trial court was justified in holding that the suit filed by the plaintiff was barred by time ..... the suit of the plaintiff. being aggrieved by the said judgment and decree dismissing the suit of the plaintiff, the legal representatives of the plaintiff have preferred this appeal.10. i have heard the learned counsel appearing for the appellants and the learned high court government pleader appearing for the respondents.11. having regard to the contentions urged, the .....

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