Court : Andhra Pradesh
Decided on : Aug-12-2011
..... appeal no.19 of 2005 confirming the same, whereby and whereunder it was held that the petitioner sangham was not eligible to claim benefit under section 82 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 (for brevity, 'the act of 1987'). the petitioner sangham seeks a consequential declaration that its members are landless poor persons and that they are entitled to the benefit ..... be maintained for four weeks. the same was extended by two weeks under order dated 28.08.2007 and by a further period of three weeks under order dated 09.10.2007. thereafter, when the matter was listed for hearing on 30.04.2008 upon the vacate stay petition filed by the fifth respondent choultry in wvmp no.1435 of 2008 ..... denied that the petitioner could claim the status of 'landless poor person' as defined in the first explanation to section 82 of the act of 1987 and supported the orders passed by the fourth respondent and the third respondent holding to that effect. 10. in its reply, the petitioner sangham stated that it was continuing in possession of the subject lands pursuant to ..... of this court found that the person claiming the benefit of section 82 of the act of 1987 did not appear to be a lawful tenant recognizable in law as such. 20. after the judgment of the supreme court in nallamilli rami reddi3, and the promulgation of the andhra pradesh charitable and hindu religious institutions and endowments lease of agricultural lands rules, 2003 in g.o.ms .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jan-24-2011
..... ground that the charitable or religious institution or endowment has no title to the land, building or space. the second ..... failed to vacate the premises, the order of the deputy commissioner of endowments can be executed by physically evicting the encroacher even with the help of the police. further, under section 84 of the a.p. charitable and hindu religious institutions and endowments act, 1987 the aggrieved person can only institute a suit against the order of the deputy commissioner only on the limited ..... act allegedly committed by the petitioners in discharge of their official duty. it ..... in discharge of official duty, there must be a reasonable connection between the act and the official duty.10. in the instant case, certainly taking steps for physically evicting the second respondent is not an offence since it is in accordance with the provisions of the endowments act. further, there is a reasonable nexus between the official duty and the .....Tag this Judgment!
Court : Karnataka
Decided on : Oct-31-2011
..... sale has been sanctioned in favour of the respondent sri sai mandali, bangalore. the state government has purportedly exercised powers under the proviso to section-62 (3) of the karnataka hindu religious institutions and charitable endowment act 1997 (hereinafter referred to as the 1997 act). 2. this writ petition has already had a chequered history. it was filed before the learned single judge and after few hearings, it was ..... the matter before the cabinet to permit sale to sri sai mandali at market price by grant of exemption from the condition of public auction as per section 62(3) of the karnataka hindu religious institutions and charitable endowments act, 1997. the chief secretary after perusing the file has sought clarification on certain points. the department has examined this aspect in detail. 7. after receipt of ..... . 9. the finance department in its u.o.note no.de 375 ezan-7/2009, dated 21-05-2009 has given its opinion on this proposal as follows:- language 10. in view of the finance departments opinion, the district registrar, gandhinagar registration district, bangalore having been requested to give details of latest market value of sites actually sold ..... prescribed under any statute, the act must be done in that manner or not at all. the origin of this rule traceable to the decision in taylor vs. taylor which was followed by lord roche in nazir ahmad vs. king emperor. 10. in tata cellular vs. union of india, air 1996 sc 11 the supreme court has opined in these words: .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-24-2011
..... the death of balakrishna hegde on 28-3-2009 and only issued notice asking the parties to appear before him on 9-10-2009. it is well settled that in view of section 3(3) of the karnataka hindu religious institutions and charitable endowments act, 1993, when there is no dispute about appointing a person as a trustee, the first respondent can appoint a trustee ..... question in relation to the hereditary trusteeship is involved, the same has to be resolved by the civil court and the same cannot be decided by the commissioner for hindu religious institutions and charitable endowments who is the first respondent herein. wherefore, the notice issued is without jurisdiction and void. accordingly, allowed the writ petition. being aggrieved by the order of ..... order dated 9-4-2010 wherein the learned single judge of this court has allowed the writ petition and quashed annexure-e, notice issued by the commissioner for hindu religious institutional and charitable endowments, bangalore (respondent no.1) and also held that the commissioner has no jurisdiction to consider the appointment of hereditary trustee when there is serious dispute and rival ..... single judge. wherefore, the order passed by the learned single judge is liable to be set aside. 10. the learned additional government advocate submitted that the first respondent has jurisdiction to appoint a trustee under section 3(3) of the act. 11. the learned senior counsel appearing for the appellant in his reply submitted that dr. sunil hegde .....Tag this Judgment!
Court : Chennai
Decided on : Dec-09-2011
..... with encroachment.- (1) no person, on or after the commencement of the tamil nadu hindu religious and charitable endowments (amendment) act, 1996 (tamil nadu act 39 of 1996) shall occupy, otherwise than by lawful possession, any property belonging to a charitable or religious institution or endowment. (2) whoever contravenes the provisions of sub-section (1), shall, on conviction, be punished with imprisonment for a term which shall ..... to apply for recovery of properties of religious institution.- nothing contained in the limitation act, 1963 (central act 36 of 1963) shall apply to any suit for possession of immovable property belonging to any religious institution or for possession of any interest in such property. 10. chapter vii of the h.r. & c.e. act deals with encroachments. sections 78, 79, 79-a & ..... 79-b were brought into the statute book on 9.12.1996 by tamil nadu act 39 of 1996. as per section 78(1), the assistant commissioner ..... advocate general as to whether any lease agreement has been entered upon by the commissioner and approved by the government after coming into existence of tamil nadu act 25 of 2003 from 10.5.2003, no satisfactory explanation has come from him. neither the learned addl. advocate general nor the learned counsel for the department is in a .....Tag this Judgment!
Court : Karnataka
Decided on : May-31-2011
..... of the licence for exhibiting the films at the said two theatres. 6. the 3rd respondent has filed statement of objections stating that the 4th respondent-institution is notified under the provisions of karnataka hindu religious institutions and charitable endowments act, 1997 and that alienation of any immovable property of the 4th respondent without the prior sanction of the state government is not permissible and that the petitioner ..... of shrimant shamrao suryavanshi and another v. pralhad bhairoba suryavanshi (dead) by lrs. and others, reported in ilr 2003 kar 203 are also relevant, in the context of section 53-a of the act. the apex court has held that a person who is in possession of the property pursuant to an agreement can continue to exercise his right of possession even ..... as to the lessee and particularly to the lessee in the instant case, since the lessee only has an option to seek renewal of lease for a further period of 10 years. therefore, so long as there is no determination of rights between the parties arising under clause 16 of the agreement despite initial expiry of the lease period, the ..... of the writ petitions. 9. i have heard the learned counsel for the petitioner and learned counsel for respondents. 10. it is submitted by sri. shaker shetty. learned counsel on behalf of the petitioner that the 4th respondent which is a charitable trust is now being administered by a managing committee constituted by the state government and that the lease agreement initially .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-13-2011
..... the scheme was not permissible and in fact discontinued from that date. it is not in dispute that the appellant- temple is also an institution administered and under the control of the hindu religious and charitable endowments department of the state. vide the above said communication, the post master, palani informed the appellant to close all those accounts since the same was not ..... notification which amounted to contravention of the post office savings bank general rules, 1981 (in short `the rules'). 6) in exercise of the powers conferred by section 15 of the government savings banks act, 1873, the central government framed the above mentioned rules. the rules are applicable to the following accounts in the post office savings bank, namely, a) savings ..... as nothing was forthcoming from the respondents, the appellant preferred a complaint before the state consumer disputes redressal commission (in short the state commission ). vide order dated 08.08.1997, the state commission was divided over its opinion in the ratio of 2:1. the majority opinion comprising of the chairman and member ii dismissed the complaint filed by the ..... view of the circumstances discussed above, the respondents cannot be fastened for deficiency in service in terms of law or contract and the present appeal is liable to be dismissed. 10) before parting with this appeal, we intend to make the following suggestions to the post offices dealing with various accounts of deposits: i) whether it is metropolitan or .....Tag this Judgment!
Court : Karnataka
Decided on : May-31-2011
..... at the said two theatres. 6. the 3rd respondent has filed statement of objections stating that the 4th respondent institution is notified under the provisions of karnataka hindu religious institutions and charitable endowments act, 1997 and that alienation of any immovable property of the 4th respondent without the prior sanction of the state government is not ..... others ilr 2003 kar. 503 (sc): air 2002 sc 960 : (2002) 3 scc 676 are also relevant, in the context of section 53-a of the act. the apex court has held that a person who is in possession of the property pursuant to an agreement can continue to exercise his right ..... particularly to the lessee in the instant case, since the lessee only has an option to seek renewal of lease for a further period of 10 years. therefore, so long as there is no determination of rights between the parties arising under clause 16 of the agreement despite initial expiry ..... i have heard the learned counsel for the petitioner and learned counsel for respondents. 10. it is submitted by sri shaker shetty, learned counsel on behalf of the petitioner that the 4th respondent which is a charitable trust is now being administered by a managing committee constituted by the state government and ..... and accordingly fixed the rents. it was also stated that the petitioner had an option to renew the lease for a further period of 10 years subject to certain terms and conditions. order dated 11-3-1974 was issued by the state government as per annexure a since the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-22-2011
..... , this fact is now statutorily recognized in the definition of math in section 6(13) of the act which makes it clear that a math includes any place of religious worship which is appurtenant to the institution of a math. 10. this court in radhakanta deb vs. the commissioner of hindu religious endowments, orissa [air 1981 sc 798] on a conspectus of earlier authorities ..... is ex. p16 which is a certified copy of the petition dated 7.10.1978 under section 64(1) of the act (oa no.102/1978) filed by defendants 1 and 2 and other managing committee members of meenakshiamman temple before the deputy commissioner for hindu religious and charitable endowments (administration), madras, for framing a scheme for appointment of trustees and management ..... vs. atchuthan - ilr 58 mad. 91, the decisions of the madras high court in madras hindu religious endowments board vs. deivanai ammal - 1953 (2) mlj 688; bodendraswami mutt vs. the president of the board of commissioners for hindu religious endowments - 1955 (1) mlj 60, and the commissioner, hindu religious & charitable endowment (admn.) department vs. t.a.t. srimath gnaniar madalayam - 2003 (1) mlj 726] ..... of the members of the viswakarma community of komaleeswararpet. as the suit property was a temple and not a math as defined under the tamil nadu hindu religious and charitable endowments act, 1959 (for short `the act') and as the plaintiff math have nothing to do with the property, the suit was not maintainable and was liable to be dismissed. 4. .....Tag this Judgment!
Court : Kerala
Decided on : Sep-01-2011
..... 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 .....Tag this Judgment!