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 : 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
..... 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 .....Tag this Judgment!
Court : Kolkata
Reported in : (1882)ILR8Cal32
..... of 1863, we think that this suit could not have been instituted without obtaining the sanction required by section 18 of the act.2. we now come to deal with the other prayers in the plaint which do not fall within the provisions of section 14 of the religious endowments act. these prayers are, that the property mentioned in the schedule to the plaint may ..... manager or superintendent was appointed by government; and as to this class of cases, the local government was to make special provision as provided in the act. these special provisions are found in sections 7, 8, 9, 10, 11, and 12; and briefly they are to this effect, that the government should appoint, once for all, one or more committees in every ..... prayer of the plaint which falls directly within the provisions of section 539, the plaintiffs are not persons to whom the provisions of that section can be held to be applicable. the section provides, that 'in case of any alleged breach of any express or constructive trust created for public charitable purposes, or whenever the direction of the court is deemed necessary ..... superintendence of lands granted for the support of mosques or hindu temples, and for other religious uses; the appropriation of endowments made for the maintenance of such religious establishments; the repair and preservation of buildings connected therewith, &c;, &c.; then section 3 of the act deals with the case of every mosque, temple, or other religious establishment to which the provisions of either of the .....Tag this Judgment!
Court : Mumbai
Reported in : (1888)ILR12Bom247
..... the juridical persons or subjects called foundations west and buhler, h.l., 201, 185, 553, 555. a hindu, who wishes to establish a religious or charitable institution, may, according to his law, express his purpose and endow it west and buhler, h.l., 99, 197, 216, and the ruler will give effect to the bounty ..... recognized by the laws just referred to. in the southern part of the bombay presidency, dedicated estates are expressly made inalienable by bombay act ii of 1863, section 8. questions arising under these laws between individuals with reference to proprietary and pecuniary rights and as to alleged misappropriations and defalcations must ..... which the emperor forbade the alienation of dedicated lands under any circumstances vyav. may., chap. iv, s. vii, p. 23; nov. 120, cap., 10. it is consistent with the grants having been made to the juridical person symbolized or personified in the idol at dakor. it is not consistent with this ..... submit to a like succession of responsibility, and thus the document, exhibit 4, is evidence against them, as though it were of but recent date.10. the document, (exhibit 210), dated in 1793, shows the native governor of the fort of pavghar exercising a visitatorial power to prevent waste of the ..... authority, is involved in the exercise of this jurisdiction, and does not stand in the way of it-krishnasami chetti v. virasami chetti i.l.r. 10 mad., 133; w. & b., h.l., 599 n. it is recognized by the indigenous customary law that an affair, in which the castes .....Tag this Judgment!
Court : Chennai
Reported in : (1891)ILR14Mad186
..... procedure.96. this view is strengthened by a reference to the indian trusts act - act ii of 1882, which act is declared in section i not to apply to public or private religious or charitable endowments. this act in section 72 and in section 74 (in the latter section following the english statute) provides a summary procedure by petition and 'without instituting a suit' for the reliefs therein specified, that contemplated in ..... 1877.113. what then, it may be asked, was the intention of the legislature according to reasonable presumption in enacting the provision which first appeared in the code as section 539 of act x of 1877.114. on behalf of the respondent it has been urged that it was the intention of the legislature to confer a special privilege by enabling two or ..... a defect common in this country, as well in the management of public as of temple charities, and the section was framed also to provide an effective remedy in this respect, as was done by act xx of 1863, section 5, in regard to hindu temples.45. furthermore, the source from which a selection was made of the reliefs to be granted in the ..... exercise of this branch of equitable jurisdiction corroborates the view expressed as to the probable intention of the legislature.46. romilly's act 52 geo. iii., cap. 101, declared .....Tag this Judgment!
Court : Kolkata
Reported in : (1893)ILR20Cal116
..... can be distinguished, that the primary and substantial object of every wakf which was recognized as constituting a valid endowment, was the maintenance of some religious institution or to carry out some charitable purpose in the ordinary signification of that term. whenever there was provision made for any other object, such as ..... between a hindu, who is the creditor, and a mahomedan, the debtor. section 37 of act xii of 1887 provides as follows:where in any suit or other proceeding it is necessary for a civil court to decide any question regarding succession, inheritance, marriage or caste, or any religious usage or institution, the mahomedan ..... supposed baillie and macnaghten to be in conflict. but this view is certainly not correct. principle 4, chapter x of macnaghten's principles and precedents of mahomedan law, shows that an endowment may be made in favour of the children of a person and on their failure for the poor. ..... of the wakif did not necessarily change its character. the wakf was accordingly maintained.245. in jayatmoni chowdrani v. ramjani bibee i.l.r. 10 cal. 533, decided on the 22nd february 1884, the wakf was for the purpose of the maintenance of the mosque and a madrassa, and ..... branch, the allowance payable to him or to her or to such branch would immediately become available for the general purposes mentioned in paragraph 5.10. bikani returned from mecca a few months after, and has, since his return, become largely indebted to various money-lenders of dacca, who .....Tag this Judgment!
Court : Kolkata
Reported in : (1897)ILR24Cal589
..... beneficial interest in the zemindaries so to be purchased. held, that such trust was void.32. semble.---perpetuity (save in the case of religious and charitable endowments) is not sanctioned by hindu law. goberdhone bysack v. shamchand by sack bourke 282 explained.33. the contention in that case was that the trusts of the will ..... is, with an exception immaterial for the present purpose, absolutely forbidden by section 104 of the indian succession act, but on turning to section 2 of the hindu wills act it will be found that section 104 is one of the few sections not applicable to hindu wills such as the one under consideration, and consequently there is no ..... son to whom the fund is given on the widow's death is incapable of being a recipient of the bequest, for by section 99 of the indian succession act it is provided, that, if property is bequeathed to a person described as standing in a particular degree of kindred to a ..... into one for construction of the will and administration.2. the testator, whose will gives rise to these proceedings, is one hari das dutt, a wealthy hindu, of the sudra caste, and a resident of calcutta, who died in october 1875, leaving a sole widow, the defendant, sreemutty surnomoyo dassee, and two ..... subject only to the payments mentioned in the will? and i will deal with these issues in the order in which they have been stated.10. i. whether the power of adoption is valid at all at law 11. the clauses of the will particularly bearing on this point are the .....Tag this Judgment!
Court : Chennai
Reported in : (1897)7MLJ324
..... the memorialed; with the submission that the memorialist is the fit and proper person as the senior widow of her late husband, and to have the charge of the charitable endowments of the family.6. in his report the government agent distinguishes between the pagodas and the chatrams. with regard to the former, he writes, 'now, however that ..... the time, the government was anxious to divest itself and its officers of the charge of religious endowments. only nine days before the order of government was passed the act xx. of 1863 received the sanction of the governor-general. by that act a distinction was drawn between those temples whose trustees had been appointed by government; and those ..... would have been under hindu law, had no confiscation of the property taken place g(sic) the 13th january 1863, the government agent sends up to govern ment a memorial from the senior rani with his reporo upon in the memorial occurs this passage:--'finally, your memorialit prays that the pagodas and charitable institutions which has been founded ..... as they thought fit, they treated the pajgodas as if they belonged to the latter class dealing with them in aocor danoe with the provisions of section 4 of the act. there is nothing to show that the resolution so to treat them was intended to be in any way conditional, or that it was intended to ..... come to a right conclusion, and i would dismiss the appeal with costs, to be paid by the appellants to the 1st respondent.davies, j.10. i concur throughout. .....Tag this Judgment!
Court : Mumbai
Reported in : (1904)ILR27Bom294
..... therein related to lands that were wakf and were not effected for musjid repairs, so that 'it was admitted, under these circumstances, the mortgages could not be supported against the religious endowments.' and it was for this reason that it was sought to charge the sons of the original mortgagor by the agreement entered into by them subsequently in an unregistered writing ..... text books, such as pitt taylor and phillips, and which have not boon embodied in section 90 of the modern indian evidence act. the later ruling practically accepts as sufficient the test required by section 90 of the indian evidence act, which, however, is, not there cited.10. now, the section itself admits a presumption of the genuineness of documents purporting to be thirty years old ..... under which the holders of registered documents b derive their title.'42. but possession being equivalent to notice of such title as the person in possession may have, both under hindu, mahomedan and english laws see lakshmandas v. dasrat (1882) 6 bom. 168, and the respondents being in possession as assignees of the usufructuary mortgage of 1837 when appellant bought the ..... for consideration in cases of competing purchasers, appears to be quite independent of the now discredited doctrine as to the necessity of possession to the validity of a sale under hindu and mahomedan laws. for that principle rests on the english equitable doctrine of notice. it seems hardly necessary to observe that in trikam v. hirji (1893) 18 bom. 332 .....Tag this Judgment!