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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 55 results (0.078 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 it was with these two laudable objects, the state government enacted 1997 act and repealed all the earlier five acts namely, 1) the karnataka religious and charitable institution act, 1927 2) the madras hindu religious and charitable endowment act,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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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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Sep 28 2018 (SC)

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

..... bench of this court considered the constitutionality of sections 34, 35, 37, 39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 which abolished the hereditary rights of archakas, mirasidars, gamekars and other office-holders. upholding the act, the court held: 85.articles 25 and 26 deal with and protect religious freedom. religion as used in these articles must ..... language of art. 25(2)(b). it applies in terms to all religious institutions of a public character without qualification or reserve. as already stated, public institutions would mean not merely temples dedicated to the public as a whole but also those founded for the benefit of sections thereof, and denominational temples would be comprised therein. the language of ..... a two judge bench of this court considered whether sanitary and pipeline fittings would fall within the definition of plant under section 10(5) of the income tax act, 1922. section 10(5) of the act provided inter alia that in section 10(2) the word plant includes vehicles, books, scientific apparatus and surgical equipment purchased for the purpose of the business, profession ..... so interpreted that, if possible, effect could be given to both. the court observed that applying this rule of harmonious construction, if the contention of the 19 (1997) 6 scc24128 appellants is to be accepted, then art. 25(2)(b) will become wholly nugatory in its application to denominational temples, though, as stated above, the .....

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Dec 15 2017 (SC)

Vijendra Kumar and Ors. Vs. The Commissioner a.p. Charitable and Relig ...

Court : Supreme Court of India

..... mr. laxman rao and another in the office of the deputy commissioner, andhra pradesh charitable hindu religious institution and endowments, govt. of andhra pradesh contending that the temple had never been dedicated or endowed to the public at any point of time, they chose to file the application under section 77 of the act before the deputy commissioner, hyderabad only in the year 1975. this is more so ..... had remained unchallenged within one year, it could not be expunged as well. eventually, however the trial court held the entry as null and void for the sole reason that 10 till 1965, the department did not bother to supervise the suit temple and the appellants continued to treat the same as their private property by paying municipal tax, remodeling the ..... temple and that the same had never been dedicated to the public. they thus, reiterated that the temple was their exclusive private property from the time of their grand-father.10. in their written statement, the respondents contended that the grand-father and the father of the appellants were only the pujari (worshipper/priest) of the suit temple and that the ..... their private place of worship and not a public shrine, has put to challenge the determination to the contrary made by the high court vide impugned judgment and order dated 10.07.2007 rendered in letters patent appeal no.393 of 1992. thereby the verdict of the single judge in the writ petition filed by the appellants had been affirmed. 2 .....

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Sep 21 2017 (SC)

Cyrus Rustam Patel Vs. Charity commr.maharashtra State .

Court : Supreme Court of India

..... contained in article 14 of the constitution of india. this court held that in view of the provisions contained in section 74 (1) of the andhra pradesh charitable & hindu religious and endowments act 1966, government must be satisfied that it was in the interest of the institution or endowment to permit the sale of the concerned lands otherwise than by a public auction, and then reasons to reach ..... lacs respectively for these properties. in support of their bonafide, they have deposited 10% of the offer in this court. this court in chenchu ram reddy and another v. government of andhra pradesh and others have held that the property of religious and charitable endowments or institutions must be jealously protected because a large segment of the community has a beneficial interest therein. sale by ..... of the trust and to protect the property of trust.13. on the other hand, learned counsel appearing for the respondents contended that no case for interference was made out 10 as the market value was not required to be taken into consideration in this case. tenants were to be settled, and the temple was also to be protected, and no .....

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Aug 29 2017 (SC)

The State of Gujarat Vs. i.r.c.g.

Court : Supreme Court of India

..... section 76 of the madras act is not the fostering or preservation of the hindu religion or any denomination within it. the purpose is to see that religious trusts and institutions, wherever they exist, are properly administered. it is a secular administration of the religious institution that the legislature seeks to control and the object, as enunciated in the act, is to ensure that the endowments attached to the religious institutions ..... the sikh, jaina or buddhist religion, and the reference to hindu 23 religious institutions shall be construed accordingly. article 26. freedom to manage religious affairs. subject to public order, morality and health, every religious denomination or any section thereof shall have the right? (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of ..... of the entire income tax collected in india was utilised for promoting or maintaining any particular reli- gion or religious denomination, that, in our opin- ion, would be violative of article 27 of the consti- tution. x x x x x 10. in our opinion, if only a relatively small part of any tax collected is utilised for providing some ..... etc. and rs. 2 lakh each from the chief min- ister s relief fund to each of the families of the persons killed in the violence. x x x x 10. we are told by the counsel for the petitioner that approximately 16 churches have been fully or partly damaged. as regards the damaged churches also the state .....

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Aug 22 2017 (SC)

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are muslims shall be muslim personal law ( shariat ). (emphasis supplied) 4. after the 1937 act, in respect of the enumerated subjects under section 2 regarding marriage, dissolution of marriage, ..... conflict (1974), inter-american convention for the prevention, punishment and elimination of violence against women (1955), universal declaration on democracy (1997), and the optional protocol to the convention on the elimination of all forms of discrimination against women (1999). it was submitted ..... prayers:1. the petitioner-shayara bano, has approached this court, for assailing the divorce pronounced by her husband rizwan ahmad on 10.10.2015, wherein he affirmed in the presence of witnesses saying that i gave talak, talak, talak , hence like this i divorce ..... archaka, and reiterated the position as hereunder : (scc p.21, paras 13-14) 13. this court in sardar taher saifuddin saheb v. state of bombay air1962sc853has summarized the position in law as follows (pp.531 and 532): the content of articles 25 and 26 of the constitution came up for consideration before this court in commr., hindu religious endowments ..... of section 175(1)(q) and section 177(1) must fail. the right to contest an election for any office in panchayat is neither fundamental nor a common law right. it is the creature of a statute and is obviously subject to qualifications 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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