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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Sorted by: recent Page 1 of about 60 results (0.154 seconds)

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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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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Feb 19 2020 (SC)

Idol of Sri Renganathaswamy Rep by Its Executive Officer/Joint Commiss ...

Court : Supreme Court of India

..... os no 706 of 1984 2 o s60of 2004 3 charitable endowments act 19593. according to the appellant, under section 34 of the act of 1959, only the commissioner of hindu religious and charitable endowments has the power to grant sanction for alienation of the suit property of a trust and the civil court has no jurisdiction.5. on 10 november 2004, the second additional subordinate judge decreed the first ..... bars the jurisdiction of civil courts to try matters regulated by the provisions of the act of 1959. section 108 provides thus: ?bar of suits in respect of administration or management of religious institutions, etc. no suit or other legal proceeding in respect of the administration or management of a religious institution or any other matter or dispute for determining or deciding which provision is made ..... property, belonging to, or given or endowed for the purpose of, any religious institution and the commissioner shall give effect to all such directions. (5) nothing contained in this section shall apply to the imams referred to in section 41. 12 power to extend act to charitable endowments. (1) where the government have reason to believe that any hindu or jain public charitable endowment is being mismanaged, they may direct the .....

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Sep 03 2019 (SC)

m.j.thulsiraman Vs. Commr.

Court : Supreme Court of India

..... judicature at madras in appeal suit no.128 of 2000, whereby the appeal filed by the appellants under section 70(2) of the tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter the act ) was dismissed.2. the short issue before us relates to the nature of the institution called bakers choultry , situated at no.23, south mada street, 1 mylapore, chennai 600004, as well as the ..... explanation (1) to clause (17); xxx section 6(16) of the act defines a religious charity as below: (16) religious charity means a public charity associated with hindu festival or observance of a religious character, whether it be connected with a math or temple or not; 10. from the above, it is clear that a specific endowment" means any property or money endowed for the performance of any specific ..... . the rock inscription clearly stipulates the festivals during which the activity of feeding of brahmins should be conducted. not only are these festivals hindu festivals, but the 10 reference to brahmins in the rock inscription itself clearly indicates that the endowment is not of a secular nature.21. finally, with respect to the learned counsel for the appellants submission regarding the absence of .....

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Aug 20 2019 (SC)

M/S Natesan Agencies (Plantations) Vs. State Rep. By the Secretary to ...

Court : Supreme Court of India

..... state as there was no privity of contract between the state and the appellant. the learned senior counsel has also raised the contention that in terms of section 34 of the tamil nadu hindu religious and charitable endowments act, 195911, the alleged lease for a term of 25 years was null and void because such a lease could not have been made unless sanctioned by the ..... authority concerned; and, in this regard, only a cursory statement was made by pw1 of having obtained permission but no documentary proof of the requisite sanction was adduced. 10.1. the ..... from the sanctuary, the learned single judge had seriously erred in quantifying the damages with reference to the alleged loss of earnings for 22 years without any reason or justification. 10.3. the learned counsel for the respondent has also strenuously argued that even if it be assumed that the cause of action accrued upon issuance of the exclusion order dated ..... got resurrected only after the division bench s judgment dated 18.09.1997. in this view of the matter and in view of section 14 of the limitation act, according to the learned counsel, the time spent in prosecuting the said writ matter is required to be excluded; and, therefore, the suit instituted on 08.06.1998 is not barred by limitation. the learned .....

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Apr 12 2019 (SC)

The State of Tamil Nadu Vs. Elephant G. Rajendran

Court : Supreme Court of India

..... state government vide its g.o.ms. no.2098, home(pol-iv) department dated 07.10.1983 formed an idol wing of crime investigation department (cid). the temples in tamil nadu are administered under the enactment namely, tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter referred to as act, 1959 ). hindu religious and charitable endowments department (hereinafter referred to as hr & ce department ) of the state controls and ..... special situations may appoint a commission, or other bodies for the purpose of investigating into the 52 allegations and finding out facts. it may also direct management of a public institution taken over by such committee. (see bandhua mukti morcha, rakesh chandra narayan v. state of bihar and a.p. pollution control board v. prof. m.v. nayudu.) 48. different ..... not in consonance with the reply given by the deputy superintendent of police of idol wing that a complaint should only be lodged with the local police station as per section 154 cr.p.c. 30. the high court observed that considering the nature of the offences, 6 idols under the custody of the department had gone missing, not only ..... on or liquidate that power may cast a peril to human rights 41. again, this court in air india statutory corporation and others vs. united labour union and others, (1997) 9 scc377 held that the founding fathers placed no limitation or fetters under article 226 of the constitution except self-imposed limitations. this court held that the arm of the .....

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Apr 08 2019 (SC)

S. Kumar Vs. The Commissioner

Court : Supreme Court of India

..... the provisions of the tamil nadu hindu religious and charitable endowments act, 1959 (for short the act, 1959). chapter vii of the act, 1959 deals with the cases of encroachment on the land belonging to religious institutions. this chapter consists of sections 77 to 85.13. section 77 of the act, 1959 deals with transfer of lands appurtenant to or adjoining religious institutions prohibited except in special cases. section 78 deals with encroachment by persons ..... on land or building belonging to charitable or religious institution ..... in this bunch of appeals, is whether the high court (single judge writ court and the division bench) was justified in dismissing the appellants writ petitions and intra court appeals.10. heard mr. s. nagamuthu, learned senior counsel for the appellants and mr. k.m. nataraj, learned asg and mr. mohan parasaran, learned senior counsel for the respondents.11. having heard .....

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Dec 10 2018 (SC)

chairman,bd.of Trustee sr.r.m.j, a.p. Vs. S. Rajyalaxmi (Dead)

Court : Supreme Court of India

..... chairman board of trustee sri ram mandir) filed a petition in the court of judicial magistrate, under section 93(2) of a.p. charitable and hindu religious institutions and endowments act 1966 (hereinafter referred to as the act ) for the delivery of possession of suit schedule a and the suit schedule b properties alongside other ..... barred by time. however, the defence has also clearly averred that since the plaintiffs and their forefathers were working as pujaris in 10 the ram temple, the endowment department in order to demarcate the ram mandir itself, mentioned the suit property as the adjoining premises. keeping in view the aforesaid ..... the cause of action in the present suit arose when respondent no.9 (defendant no.2 deputy commissioner of endowments department) allegedly passed an ex parte order on 24.10.1986 declaring the suit schedule a house and movable properties shown in schedule b and other properties belonged to the ..... name of the ancestors of the plaintiffs and now it devolves in the name of plaintiffs. the permission granted by the municipality on 14.10.1977, to construct the re roofing strengthens the presumption in their favour. therefore, the high court was correct to decree the suit ..... order of the high court decreeing the suit in favour of the respondents plaintiffs, the appellant (defendant no.4) has preferred the present appeal.10. heard the learned counsels for both the parties.11. the counsel on behalf of the appellant (defendant no.4) submitted that the high court .....

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Dec 04 2018 (HC)

Kuljit Singh & Ors. Vs.govt. Of n.c.t. Of Delhi & Ors.

Court : Delhi

..... subject, ?trust and trustees? and ?charities and charitable institutions?. it, thus, fell within the scope of entries 10 and 28 of list iii of the seventh schedule. the said entries are reproduced below:-"?entry trust and trustees. entry 28: ?charities and charitable institutions, charitable and religious endowments and religious legislatures?.36. the petitioners therein had also challenged the validity of 1952 act as being violative of article 31 of the ..... no.28 in block c- 2 under your occupation, vests exclusively in the government of nct of delhi by virtue of provisions contained in sub-section (2) of section 4 of a&u tibbia college (take over) act, 1997 and is free from all encumbrances including any attachment or w.p.(c) 12377/2005 & other connected matters page 27 of 37 mortgage or ..... decree or orders of any court restricting use of this property. and whereas, that in accordance with sub- section (1) of section 5 of the a&u tibbia college (take over) act 1997, you are required to handover the vacant possession of the quarter currently under your occupation and you have failed to so. is dangerous and ..... upon to hand over the possession of the property in their possession and have further been cautioned that failure to do so would invite prosecution under section 11 of the tibbia college (take over ) act, 1997 (hereafter ?the 1997 act ).4. the petitioner in w.p. (c) 3518/2011 impugns a notice dated 11.12.2010 issued by the estate officer, a & u tibbia .....

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