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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Court: kerala

Mar 05 1985 (HC)

K. Krishnankutty, M.L.A. and ors. Vs. State of Kerala

Court : Kerala

Reported in : AIR1985Ker148

..... of philosophical or political persuasion represents the religious denomination consisting of the section of the hindu public having faith in temple worship. we have already referred to the definition of the expression 'person having interest' contained in section 9(9) of the madras hindu religious endowments act, 1926. the identical definition is also contained in section 6(ii) of the madras hindu religious and charitable endowments act, 1951 and it furnishes a usefulguideline as ..... the legislative assembly thus emphasising the ability and aptitudes implicit in the membership of such democratic institutions. in imposing such a qualification, no wedge is being driven between the hindu members of the council of ministers and the legislative assembly, and those who do not follow the hindu faith. xxx xxx xxx'. 'religion in its broadest sense includes allforms of faith and worship, all ..... . the counsel in all the petitions agreed that belief in temple worship is a relevant qualification for membership on the board when its main function is to administer the temples and thus belief in god cannot also be said to be irrelevant. 10. just as in the parent act, so also in the ordinance, provision is made (1) for nominating two members by .....

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Apr 06 1962 (HC)

Mohammed Jacoo Sait Vs. District Collector of Trichur District and ors ...

Court : Kerala

Reported in : AIR1962Ker343

..... the provisions made in the madras hindu religious and charitable endowments act, madras act 19 of 1951. he particularly referred us to section 5 of the said act, where certain statutes either in whole or in part have been either repealed or not made applicable to, hindu religious institutions and endowments. in particular section 5(3) (b) and (e) are to the effect that the religious endowments act, 1863, and sections 92 and 93 of the code ..... act although negative in form is really affirmative in content and that what it really means is that any person or authority may institute a suit of the kind described with consent ..... occurring in chapter iii deals with the establishment of a board of wakfs by the state government; and the constitution of the board is laid down in section 10. section 10 will show that the board is to consist of 11 members in the case of a state and the union territory of delhi and of five members in the case ..... board in respect of any act purporting to be done by it in pursuance of this act or of any rules or orders made thereunder'. is there any inconsistency between sub-sections (3) and (4) on the one hand and sub-sections (1) and (2) on the other? we can find none.10. it has been argued that sub-section (2) of section 55 of the wakf .....

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Mar 25 1985 (HC)

K.V. Narayanan Namboodiri and ors. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1985Ker160

..... the code of civil procedure in so far as they relate to the hindu religious institutions and endowments. the effect of section 35 of the old act was to bar suits under section 92 of the c.p.c. the new act by section 40 has completely excluded the operation of the madras hindu religious and charitable endowments act, 1951 to the guruvayoor devaswom. as at present there is no bar ..... except such travelling or daily allowance, if any, as may be prescribed. section 10 enumerates the duties of the committee; section 11 provides for the sanction of the commissioner before any property of the devaswom is sold or alienated. the sanction referred to in the section can be granted only if the commissioner is satisfied that the alienation in question ..... legislative assembly thus emphasising the ability and aptitudes implicit in the membership of such democratic institutions. in imposing such a qualification, no wedge is being driven between the hindu members of the council of ministers and the legislative assembly, and those who do not follow the hindu faith. the special needs of a situation will always demand a special treatment and ..... ofworshippers thereafter filed o.s. no. 1 of 1933 before the district court, south malabar for a modification of the scheme and the district court by judgment dated 10-9-1939 made certain modifications for more efficient administration and management of the temple and its properties. the temple and its properties were being managed and administered as per .....

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Oct 16 1998 (HC)

Preman Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1999Ker93

..... s. narayana deekshitulu v. stale of a.p., (1996) 9 scc 548: (air 1997 sc 3702) (archakas' case). in the above case, the constitutionality of sections 34,35,37,39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple in ..... arbitrary and violative of articles 14, 15, 19 and 21 of the constitution of india. petitioners have further contended that section 10 of the act insofar as it incorporates the word 'incestuous' before the word 'adultery' thereby making an aggravated form of adultery alone as aground for divorce for christian women ..... opposition from the community itself. as regards the scope of judicial intervention by court, it was submitted that it has been held by all courts that section 10 of the divorce act specifically sets forth the grounds on which the marriage can be dissolved and no additional grounds can be included by judicial construction of similar provisions in ..... adultery is also alleged and proved by her. it is, in the circumstances, that the petitioners have challenged the constitutional validity of section 10 of indian divorce act. both the petitioners have thus contended that section 10 of the divorce act, insofar as it makes 'adultery' also necessary to be established along with cruelty and desertion as a ground for divorce, is .....

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Nov 14 2003 (HC)

Raman Namboothiri Vs. Chief Commissioner, H.R. and C.E.

Court : Kerala

Reported in : AIR2004Ker319; 2004(1)KLT945

..... that the petitioner is one of the hereditary trustees of the temple.6. the term 'hereditary trustee' is defined in section 6(9) of the madras hindu religious and charitable endowments act, 1951, as follows:'hereditary trustee' means the trustee of a religious institution succession to whose office devolves by hereditary right or is regulated by usage or is specifically provided for by the founder, ..... by the commissioner.looking at the provisions of the hindu religious and charitable endowments act, primarily it is for the hereditary trustees to manage the religious institution and that is the rule and the appointment of non-hereditary trustees is an exception. appointment of non hereditary trustee is not as a matter of course. section 39 empowers the commissioner to constitute a board consisting of ..... decide matters as to whether an institution is a religious institution and whether a trustee holds or held office as a hereditary trustee etc. petitioner is not expected to approach the deputy commissioner, in such circumstances, we have no hesitation to hold that ext.p1 order is illegal. the petition is allowed as above.10. writ petition no. 35404 of ..... h.r. & c.e. act. ext. p1 order was issued by the second respondent indicating that there would be three non hereditary trustees and two hereditary trustees.3. petitioner was unaware of the said proceedings since no copy of the proceeding was served on him. petitioner then sent a lawyer notice dated 11.10.2002 to the deputy commissioner, .....

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Jul 21 1994 (HC)

In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Reported in : AIR1995Ker172

..... hindu religious and charitable endowments act, 1951 applicable to the malabar region of the state of kerala states that it is an act to provide for the better administration and governance of hindu religious and charitable institutions and endowments in the state of madras of which malabar region including the present kasaragod district was a part then. the powers and duties of the commissioner are embodied in section 20 of the act. section ..... can be spent in that temple alone. the department has only a supervisory role as laid down in the madras hindu religious and charitable endowments act, 1951. the state government is giving a renovation grant of rs. 10 lakhs every year to the department and this amount is distributed to the selected temples based on its need/urgent ..... possess the same qualifications throughout the state. the differentia has thus no rational relation to the object sought to be achieved by the statute in question viz. the proper administration and governance of the temples in malabar and well being of the religious institutions and endowments coming under the purview of the hindu religious and endowments act. as observed by ..... ;be it enacted in the twenty-second year of the republic of india as follows : .......... 'the scheme of assignment of private forests is embodied in section 10. the government is empowered to assign op registry or lease the lands comprised in such private forest reserving such extent to agriculrists, agricultural labourers, members of .....

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Jul 22 2013 (HC)

M.Gangadharan Nair Vs. the Commissioner

Court : Kerala

..... question involved is whether the second respondent deputy commissioner has the power to declare a religious institution as a public temple defined under section 6(17) of the hindu religious and charitable endowment act (madras) [for short 'hr & ce act'], which according to the petitioners is lacking under section 57 of the hr & ce act.3. the first petitioner is a hereditary trustee of panayankulangara bhagavathy temple in chavakkad taluk ..... is that temple should be one used as a place of "public" religious worship and it should be dedicated to, or for the benefit of or used as of right by the hindu community or any section thereof as a place of public religious worship. a wpc no.22507/2011 -10- "religious institution" is not clothed with such a character and hence it can be ..... by express words or necessary implication." therein also, the employees state insurance corporation (staff and conditions of service) regulations 1959 was considered.59. the decision in sharafudeen's case (1997 (1) klt257) is by a division bench of this court where the question arose was under the kerala university first statutes, 1977, chapter 2, statute 6. after considering the ..... of right." 40. in the later decision, viz. babu bhagwan din's case (air 194.p.c.7) also, the relevant tests have been explained thus at page 10: "...........in these circumstances, it is not enough in their lordship's opinion, to deprive the family of their private property to show that hindus willing to worship have never been .....

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Sep 01 2011 (HC)

A.C. Bhnunni @ Valluvanattukara Vs. the Commissioner, Hindu Religious ...

Court : Kerala

..... forward further contentions as per ext.p6. according to the petitioner, without giving an opportunity of establishing his case, on 2.3.2009, an order was passed under section 40 of the madras hindu religious and charitable endowment act. the said order is produced as ext.p7. in furtherance thereof, the third respondent in the writ petition was appointed as the fit person. 9. ext.p7 ..... and there suits thereof. it is claimed by the first respondent that in respect of the listed institutions under section 38, the power of the commissioner under section 45 was delegated to the deputy commissioner under section 45 was delegated to the deputy commissioner under section 10(2) of the act, and it was under those circumstances that the deputy commissioner had initiated proceedings against the petitioner ..... is an establishment, a juristic person and a body corporate, having perpetual succession and common seal. .. .. .charitable endowment, math, religious charity, religious endowment, religious institution, specific endowment, temple, trustee, are all terms defined in s.6 of the h.r. and c.e. act. those definitions do not contain any semblance of any manner of jural relationship between any of those entitles and the m.d.b. as if .....

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Dec 18 2014 (HC)

Guruvayoor Prathikarana Vedhi Vs. The State of Kerala

Court : Kerala

..... scheme settled or deemed to be settled under the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951), by whatever designation called, provided that he is the highest executive authority in charge the administration of the religious institutions: provided further that this shall not include the executive w.p.(c)no.11111 of 2014 10 officer, tirumalai-tirupati devasthanams. 2 (1) there shall be four ..... the government to exempt the w.p.(c)no.11111 of 2014 3 seventh respondent from the operation of rule 2 of the rules framed under section 100(2)(p) and (x)(ii) of the madras hindu religious and charitable endowments act, 1951 for the purpose of appointing him as the executive officer of the temple for a period of one year and that the government have ..... provisions of rule 3, be as specified in the corresponding entries in columns (2) to (5) thereof. table ----------------------------------------------------------------------------------- grade annual income scale of pay educational age (shall not of the institution qualification exceed on the 1st january of the year of re- cruitment) year ----------------------------------------------------------------------------------- (1) (2) (3) (4) (5) ----------------------------------------------------------------------------------- i above rs.40 rs.10790-280- pass in s.s.l.c .....

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Mar 29 1963 (HC)

S. Govinda Menon Vs. State of Kerala

Court : Kerala

Reported in : AIR1963Ker316; (1963)IILLJ290Ker

..... the institution itself, ex. p-u proceeds to state that the judgment in the said original petition, and the preliminary report of the x-branch police, have disclosed the following grave charges of serious irregularity and official misconduct on the part oi the accused officer :1. 'notwithstanding the provisions in the madras hindu religious and charitable endowment act and ..... the rule issued thereunder, the accused officer had in several cases initiated proposals for the disposal of valuable properties belonging to several devaswoms and then sanctioned those proposals under section ..... 29 of the act. 2. one of the persons to whom the accused ..... the present purpose.24. the rules have been framed, as i have mentioned earlier, by virtue of powers conferred upon the central government under sub-section (1) of section 3 of central act 61 of 1951. clause (b) of rule 2 defines the expression 'government'. at this stage i may mention that mr. m. k. .....

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