Court : Karnataka
Decided on : Jul-05-2007
Reported in : 2007(5)KarLJ311; (2008)ILLJ122Kant; 2007(5)KLJ311; 2007(3)KCCR2027; 2007(5)AIRKarR331
..... second of the petitions is by the shree durga parameshwari temple, kateel, mangalore. it is contended therein that it is a hindu temple which was earlier governed under the madras hindu and religious endowments act, 1959, and now governed under the karnataka hindu religious institutions and charitable endowments act, 1997.6. it is stated that the third respondent was an employee of the temple, whose application for grant of gratuity benefit before ..... had occasion to consider whether a temple was not an establishment with in the ambit of section 1(3)(b) of the payment of gratuity act. it was contended therein that the temple therein was a religious institution and a body corporate, incorporated under the shree jagannath temple act, 1954, the same provided for payment of gratuity to its employees and that the claimant therein ..... court has held in the above case that a devaswom would not come within the purview of the shops and commercial establishments act, having regard to the paramount object of the institution as well as the particular functions it discharges.10. per contra the respondents would contend that there is no denial of the fact that the respondents were erstwhile employees of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-24-2007
Reported in : 2007(4)ALD587
..... and the same was accepted with certain modifications and outcome is the new act i.e. the andhra pradesh charitable and hindu religious institutions and endowments act, 1987. section 35 of the act deals with the appointment of office holders and servants etc., and sub-section (4) of said section states that the qualifications, method of recruitment and temporary appointments, pay and allowances, discipline and ..... necessary to examine certain provisions, which have bearing on the resolution of the issue in this batch of cases. the governance of the charitable and hindu religious institutions in the state of andhra pradesh was earlier regulated by the provisions of the andhra pradesh charitable and hindu religious institutions act, 1966. when ..... him. learned advocate-general placed reliance on the judgments in p.s.r. subrahmanyam v. commr., endowments 1997 (6) ald 57 (db), a.b. srinivasan v. state of a.p. and ors. : 1998(2)ald640 , institute of chartered accountants of india v. price waterhouse : (1997)6scc312 , surinder singh v. central government : 3scr946 , b. varadha rao v. state ..... of karnataka 1986 (2) slr 60, and ajeet singh singhvi v. state of rajasthan 1991 supp. (1) scc 343.10. before proceeding with the matter, i deem it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-15-2007
Reported in : 2007(6)ALD44(SC); (SCSuppl)2007(3)CHN152; (2007)5MLJ177(SC); 2007(7)SCALE614; (2007)5SCC677
..... plaintiffs should not apply for registration of the temple/ institution as a public institution within the meaning of sections 38 and 39 of the a.p. charitable and hindu religious institutions and endowments act, 1966 (for short 'the act'). 4. an application was filed before respondent no. 1 for deletion of the said institution from the list of charitable and hindu religious institutions and endowment. the said application was dismissed by an order dated ..... as of right by, the hindu community or any section thereof as place of public religious worship and includes sub-shrines, utsava mantapas, tanks and other necessary appurtenant structures and land;[emphasis supplied]10. section 77 of the act provides for the jurisdiction of the deputy commissioner to decide the dispute inter alia in regard to the nature of endowment, viz., whether it is private ..... idols are permanently installed on a pedestal within the temple precincts. that is more consistent with the endowment being public rather than private. thirdly, the puja in the temple is performed by an archaka appointed from time to time.[see also bihar state board of religious trusts v. bhubneshwar prasad choudhary : 3scr867 38. in state of bihar v. charusila dasi : ..... s.b. sinha, j. 1. one gedela appala swamy naidu was owner of a piece of land measuring 81 x 70 sq. yards situated in a secluded locality on the hills situated at village simhachalam. he died leaving behind him his wife atchamamba and son g. satchidananda murthy ( .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-12-2007
Reported in : 2008(2)ALD123; 2008(3)ALT190
..... . in banda raghavendra rao v. the assistant commissioner, endowments, vijayawada, krishna district : 2008(1)ald51 , this court, at para 10 observed as hereunder:in g. rajendranath gound v. state of andhra pradesh and ors. : 2006(1)ald705 , while dealing with section 87(1)(h), 15, 17(1) and 20 of a.p. charitable and hindu religious institutions and endowments act, 1987 held that when a member or members of ..... on 21.7.1997. in view of said position, sri chinni subba rao s/o. late sri chinni chinna subbarayulu setty is declared as member of the founder trustee under section 15(3) of the act 30/87 and as per the a.p. ordinance no. 7/2002, dated 24.8.2002 issued by the government to the said institution.the inspector endowments department, nellore ..... appointed as a trustee or chairman of trust board. as a matter of course, such person has to fulfil the qualifications in section 18 of the act and rule 8 of the rules and should not incur disqualification under section 19 of the act. further even in a case where the number of applications received by the competent authority is equal to the number of ..... committee. during his tenure, he committed several irregularities and misappropriated huge amounts belonging to the college committee. therefore, the educational committee was constrained to file o.s. no. 75 of 1997 on the file of the i additional district judge, nellore for recovery of rs. 5,15,556/- with subsequent interest thereon. the learned i additional district judge, nellore was pleased .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-26-2007
Reported in : 2008(1)ALD145
..... pendency of the writ petition shall not preclude 4th respondent from auctioning the leasehold rights of the agricultural lands in accordance with section 82(3) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 read with the andhra pradesh charitable and hindu religious institutions and endowments lease of agricultural lands rules, 2003. it is also further stated that in this connection 4th respondent shall take necessary ..... 2003. it is also further stated that the 5th respondent was recognized as member of founder's family of the said choultry by the asst. commissioner, endowments department, rajahmundry by his orders dated 22.10.1996 in rc. no.a5/9497/96. it is also stated that the allegation that the said choultry was established in 1940 for the purpose of ..... earlier cultivators had agreed to pay but some of them failed to pay even the agreed amount. this is the stand taken by the 4th respondent in the counter-affidavit.10. in the counter-affidavit filed by the 5th respondent, substantially, the same stand had been taken which was taken by the 4th respondent.11. the counsel for petitioners ..... is further stated that this respondent issued the auction notice dated 5.7.2007 and also circulated terms and conditions of the auction in strict compliance of the rule 10 of endowments lease of agricultural lands rules, 2003 and the auction proceedings issued by this respondent are in compliance of the said rules. it is also further stated that only .....Tag this Judgment!
Court : Chennai
Decided on : Feb-27-2007
Reported in : (2007)2MLJ1111
..... of the inspector general of registration. they accordingly held that in respect of deeds of gift or settlement of lands and buildings to be executed in favour of hindu/muslim institutions coming under 'hindu religious and charitable endowment act' and wakfs, nominal value of such properties is rs. 100/- only for the purpose of levy of stamp duty and registration fee instead of such duties be calculated ..... order, it is clear that concession of stamp duty is available only to deeds of gift or settlement of lands and buildings to be executed in favour of hindu/muslim institutions coming under hindu religious and charitable endowment act and wakfs. for availing concessional stamp duty, the donee must be under the direct control of tamil nadu wakf board. the gift deed is executed in favour of ..... padi muslim association registered under tamil nadu societies registration act and beneficiary 'padi juma mosque' is not under the control of tamil nadu wakf board which administers the wakf act, 1954 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-27-2007
Reported in : 2008(2)ALD524; 2008(5)ALT727
..... would be referred to as 'the act' for the purpose of convenience) and would maintain that such power of review can be exercised.5 ..... made by this court dated 11.10.2007 in w.p. nos. 984 and 1364 of 2007 and would maintain that in the light of the same, the writ petition to be allowed.4. the learned a.g.p. for endowments however placed strong reliance on section 94 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (hereinafter, in short, ..... and pass such other suitable orders.8. the said g.o. ms. no. 112, revenue (endowments ii/1) department, dated 1.2.2002 reads as hereunder:government of andhra pradeshabstractendowments - religious - sri ujjani mahankali temple, secunderabad - review petition filed under section 94 of endowments act 1987 filed by sri m. balakrishna, against the orders issued in g.o. ms. no. ..... 150, revenue (endts.ii/1) department, dated 10.2.2004 - disposed of - orders - issued.revenue (endowments.ii/1) departmentg.o. ms. no. 112 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-24-2007
Reported in : 2008(1)ALT757
..... passed by the board no.522, dated 31.01.2005. it is also averred that in exercise of the powers conferred under section 82 read with section 153(1) of a.p. endowments act 30/1987, the government issued a.p. charitable and hindu religious institutions and endowments immovable properties and other rights (other than agricultural lands) leases and licenses 'rules, 2003 in g.o. ms. no.866, ..... rights in public auction for lease, for a period of 30 years in he better interest of the institution.(c) while replying to paragraphs 10 to 12, it is stated that on the request made by the petitioner herein, the then commissioner of endowments had submitted proposals to the government for putting the land in question in public auction for lease for ..... .11.2005 the orders passed in rc. no. l1/9197/2005, dated 05.5.2005, are no longer in force.10. these are the respective stands taken by the parties.11. the relevant rules, the andhra pradesh charitable and hindu religious institutions and endowments immovable properties and other rights (other than agricultural lands) leases and licences rules, 2003 had been relied upon. rule 3 ..... with medicinal plants. as the area, which was leased out to the petitioner, was around ac.36-00, experts in the cultivation of medicinal plants advised the petitioner that around 10 varieties of plants viz., ambretta, ashwagandhia, citronella, clocimum, discorea, glory lilly, jasmine, lemon grass, sarpagandha and vanilla, could be developed in the land and it would take 15 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-26-2007
Reported in : 2008(2)ALD608
..... maintain that the impugned order cannot be sustained since hereditary rights cannot be affected by virtue of an action taken under section 145 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (hereinafter in short referred to as 'the act' for the purpose of convenience). the learned counsel also had taken this court through the contents of the affidavit ..... be from the family of the founder if qualified. section 18 of the act deals with qualifications of trusteeship. section 19 of the act deals with disqualifications for trusteeship. section 19(1)(g) specifies that a person shall be disqualified for being appointed as, or for being, trustee of any charitable or religious institution or endowment if he is an office holder or servant attached to ..... and rachakonda krishnamachary had not expressed any intention and rachakonda narasimha chary informed that he would continue as trustee and his son vijaya simha chary would continue as archaka. it is stated that the temple was adopted by sri raja rajeswara swamy devasthanam, vemulawada. specific stand had been taken that getting employment would amount to relinquishing ..... of sri raja rajeswara swamy devasthanam. it is also stated that in the year 1985 the then deputy commissioner of endowments, hyderabad in o.a. no. 17/1983 had issued order no. 54, dated 30.10.1985 declaring the trusteeship in sri lakshmi narasimha swamy temple, nampally village was hereditary vesting in the family of the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-18-2007
Reported in : 2007(5)ALD832
..... a view to remedy the same and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act was enacted. instead of management by a single person, chapter iii introduced in sections 15, 17, 18 and 19 as a composite scheme prescribing disqualifications and qualifications for trusteeship, procedure for appointment of trustees and appointment and constitution of the board of trustees ..... kondaiah, retired chief justice of this court, to review the system of management of properties of hindu religious and charitable institutions, the hereditary system of archakas and other office holders and mirasidars and other related aspects of endowments administration. the commission after detailed study of various aspects of religious and charitable institutions in hindu system submitted a report in february, 1986. recommendations made by the said commission led to the ..... , a substantial question of law has to be distinguished from a substantial question of fact.13. in this case, while admitting the second appeal on 29.10.1997, this court formulated the following substantial question of law which themselves can be dealt with as points for consideration in the second appeal. these are:(a) whether inclusion of the .....Tag this Judgment!