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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 dharwad Page 1 of about 2 results (0.023 seconds)

Nov 17 2015 (HC)

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

Court : Karnataka Dharwad

..... 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 1(4) ..... the committee of management from among the devotees, donors and followers of the hindu religious institutions or as the case may be, the endowers and the beneficiaries of the charitable endowment in such manner that it consists of (i) in the case of a temple the pradhana archaka or archaka; (ii) atleast one member from among the scheduled castes or the scheduled ..... the committee in the larger interest of hindu community. their exclusion in the case of hindu religious denomination temples in our opinion would be an arbitrary, unjustifiable treatment thereby violating article 14 of the constitution of india. 67. similarly, section 25(4) provides for qualification to be a member of the committee. section 25(4)(a) would say that ..... vs. harindra kumar banerjee, air 1969 sc 1167, ravi yashwanth boir vs. the district collector, raigad, 2012(4) scc 407). the contention that the order dated 10.10.2011 holding ia no. 17 filed by the state as redundant, would lead to an inference that the amendment holds the field or that karnataka no. 33/2001 .....

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Nov 17 2015 (HC)

Mahaganapati Shankara Devasthana Vs. State of Karnataka

Court : Karnataka Dharwad

..... 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 sikh; 78 section as amended vide section as amended vide act no.27/2011 act no.12/2012 substituted as:- section ..... the larger interest of hindu community. their exclusion in the case of hindu religious denomination temples in our opinion would be an arbitrary, unjustifiable treatment thereby violating article 14 of the constitution of india.67. similarly, section 25(4) provides for qualification to be a member of the committee. section 25(4)(a) ..... followers the hindu religious institutions or as the case may be, the endowers and the beneficiaries of the charitable endowment in such manner that it consists of (i) in the case of a temple the pradhana or archaka; (ii) atleast one member from among the scheduled castes or the scheduled tribes; and archaka of in sub-section (3),- ..... within thirty days from the date of communication of the order appeal .- (a) to the karnataka appellate tribunal constituted under the karnataka appellate tribunal act, 1976 (karnataka act 10 of 1976), where the prescribed authority the commissioner; (b) to the commissioner, if the order passed is of the deputy commissioner; and (c .....

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Feb 26 2018 (HC)

Shri. Channabasappa S/O Basavanneppa Yeligar, Vs. Shri. Someshwar Deva ...

Court : Karnataka Dharwad

..... the karnataka hindu religious institutions and charitable endowments act, 1997 which came into force w.e.f. 01.05.2003 and that the said act has repealed the bombay public trusts 10 crp no.100042/2017 act, 1950. the relevant portion of the repealing provision reads as under: 78. repeal and savings.- (1) x x x (2) the following enactments namely:- (a) the bombay public trust act, 1950 (bombay act no.xxix of 1950); x x x (g ..... more such 5 crp no.100042/2017 persons in case the suit is under subclause (iv) having obtained the consent in writing of the charity commissioner as provided in section 51 may institute a suit whether contentious or not in the court within the local limits of whose jurisdiction the whole or part of the subject matter of the trust is situate ..... therefore, a regular civil suit could not have been filed bypassing the provisions of this section whose subsection (1) reads as under: 92. public charities (1) in the case of any alleged breach of any express or constructive trust created for public purposes of a charitable or religious 12 crp no.100042/2017 nature, or where the direction of the court is deemed ..... suit in question has been filed in the court of learned ii additional civil judge who lacks jurisdiction over the subject matter. he points out the text of sub-section (1) of section 92 of cpc which employs the explanation .in the principal civil court of original jurisdiction or in any other court empowered in that behalf by the state government and .....

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Apr 04 2017 (HC)

Shankarbhat and Another Vs. Ganesh Krishna Dixit and Another

Court : Karnataka Dharwad

..... 1997 allahabad 413 in case of satyanarayan mandir vs. rajendra prasad wherein it is held that the applicability of the trust shall be established and the members were allowed to darshan is no the evidence to indicate creation of endowment either religious or charitable. in another decision reported in air 1981 sc 798 in case of radheshyam vs. commissioner of hindu religious and endowment ..... liberty to establish his title in a properly instituted suit before the civil court, however, the court upheld the order of eviction treating him as a landlord within the meaning of section 21(1)(p) of the karnataka rent control act, as being the rent collector. 9. ..... 12/2007 on the file of the principal district judge, dharwad, dismissing the misc. application filed under sec.70 of the bombay public trust act, 1950 and confirming the order dated: 09.10.1996 passed by the asst. charity commissioner, belagavi in inq.no.403/1957, allowing the inquiry.) ..... the public trust, which was directed to be registered as public trust by the learned assistant charity commissioner under his order dated 9.10.1996 impugned before the learned principal district judge and similarly, the learned principal district judge has erred in upholding the same. 7 ..... properties belonging to his ancestors. the learned assistant charity commissioner, belgaum in an enquiry no.403/1957 by the order dated 9.10.1996, while directing for registration of the said vital temple, gavali galli as public trust, held in the impugned order that the .....

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