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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 10 qualifications for archakas Year: 2014

Oct 31 2014 (HC)

1.V.Thiagarajan (Died) Vs. 1.The State of Tamil Nadu,

Court : Chennai

Decided on : Oct-31-2014

..... take action in accordance with law as against the officials concerned in this regard. the preamble of the tamil nadu hindu religious and charitable endowments act, 1959 reads as follows: ?.an act to amend and consolidate the law relating to the administration and governance of hindu religious and charitable institutions and endowments in the state of tamil nadu. whereas it is expedient to amend and consolidate the law relating to the ..... prayed for the dismissal of the writ petition.5. whereas the 11th respondent filed the counter affidavit, stating that the third respondent had initiated proceedings under sections 78 and 79 of the tamil nadu hindu religious and charitable endowments act and thereafter, the temple lands were put to their original position. therefore, he prayed for the dismissal of the writ petition.6. no counter affidavits had ..... made baseless allegations against the temple administration and that the petitioner had not even furnished the details about the illegal encroachment said to be made by the respondents 7 to 10. he further contended that the records relating to the movable and immovable properties of the temple, including the inam lands, are available in the temple, based on which, appropriate action .....

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Aug 22 2014 (HC)

Ganesan Vs. 1.The Commissioner

Court : Chennai

Decided on : Aug-22-2014

..... allowed the application filed by the third respondent herein granting leave to the third respondent to file appeal petition, under section 69(1) of the tamil nadu hindu religious and charitable endowments act, 1959 (hereinafter, referred to as 'the act'), against the order, dated 31.12.2010, passed by the second respondent, in o.a.no.7 of 2008 ..... as a suit in the common legal parlance. section 108 of the endowments act creates a bar of suits in respect of matters provided therein. the said section states as follows: no suit or other legal proceedings in respect of the administration or management or a religious institution or any other matter or dispute for determining ..... even prior to the expiry of 60 days period and he has expressed in the peace committee meeting that he will challenge the order, dated 31.10.2012, passed by the second respondent. but thereafter, he did not challenge the same and set up other parties to file writ petitions and ..... light of the order, dated 31.12.2010, in o.a.no.7 of 2008, passed by the second respondent herein and the order, dated 10.01.2012, passed by the honourable division bench of this court in w.p.(md) nos.14382 of 2011 and 185 of 2012.7. in the ..... filed by the petitioner represented by his wife as power of attorney agent). the honourable division bench of this court, by a common order, dated 10.01.2012 dismissed both the writ petitions. while doing so, the honourable division bench has observed that if the writ petitioner was aggrieved by the order .....

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Sep 02 2014 (HC)

B. Keerthivarma Shetty Vs. The State of Karnataka and Others

Court : Karnataka

Decided on : Sep-02-2014

..... as jain religious institutions even by subsequent enactments by referring to sec. 1(2), its explanation, sec.2 and sec.5(3) of the madras hindu religious and charitable endowments act, 1951 ('act, 1951' for short). the contents therein is similar to the above extracted portion of act ii of 1927 to exclude the jain religious .institutions and the power of notifying is given to the government. 17. further, the karnataka hindu religious institutions and charitable endowments act, 1997 ('act, 1997' for short ..... the subject is to the effect that initially the jain religious institutions were governed under act, 1863 and the applicability of that act has been excluded only to the hindu religious institutions by the subsequent enactments and when there is no other specific provision being made under any other enactment to jain religious institutions, the procedure contemplated under sec. 10 of the act, 1863 will continue to apply, except in cases where ..... examining the relevant provision has held that the repeal as made by the madras hindu religious endowments act, 1926 ( 'act no. ii of 1927' for short) will apply only in so far as hindu religious endowments. hence it was held that religious endowments act, 1863 ('act, 1863' for short) is applicable to jains of dakshina kannada. under sec. 10 of act, 1863, if the vacancy occurring in the committee is not filled by election, the .....

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Dec 30 2014 (HC)

S.Timma Vs. The State of andhra Pradesh, Revenue (E

Court : Andhra Pradesh

Decided on : Dec-30-2014

..... held that the amendment was constitutionally invalid and accordingly struck down the same. for the reasons aforestated, section 163 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987, inserted by way of the andhra pradesh charitable and hindu religious institutions and endowments (amendment) act, 2014 (act no.8 of 2014) is declared void. the writ petitions are allowed to the extent indicated ..... having given our earnest consideration to the matter, we are of the opinion that such is not the case. as pointed out earlier, the qualifications for appointment to the trust boards of temples remain unchanged. the appointing authorities also remain the same. though the learned advocate general sought to project the ..... : learned advocate general for the state of andhra pradesh ?. cases referred: 1.1967(2) scr214= air1967sc13052. air1955sc1913. (2008) 5 supreme court cases 1 4. (1997) 6 supreme court cases 623 the honble the chief justice sr.kalyan jyoti sengupta and honble sr.justice sanjay kumar writ petition nos.29189, 29264, 29317, 29453, 29455 ..... institution or endowment or any other sufficient cause or for reasons to be recorded in writing appoint a single trustee instead of a board of trustees: provided further that in the case of a religious institution, the archaka or where there is more than one archaka, the pradhana archaka thereof shall be an ex-officio member of the trust board notwithstanding clause (g) of sub-section (1) of section .....

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Dec 30 2014 (HC)

S.Timma Vs. The State of andhra Pradesh, Revenue (E

Court : Andhra Pradesh

Decided on : Dec-30-2014

..... held that the amendment was constitutionally invalid and accordingly struck down the same. for the reasons aforestated, section 163 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987, inserted by way of the andhra pradesh charitable and hindu religious institutions and endowments (amendment) act, 2014 (act no.8 of 2014) is declared void. the writ petitions are allowed to the extent indicated ..... having given our earnest consideration to the matter, we are of the opinion that such is not the case. as pointed out earlier, the qualifications for appointment to the trust boards of temples remain unchanged. the appointing authorities also remain the same. though the learned advocate general sought to project the ..... : learned advocate general for the state of andhra pradesh ?. cases referred: 1.1967(2) scr214= air1967sc13052. air1955sc1913. (2008) 5 supreme court cases 1 4. (1997) 6 supreme court cases 623 the honble the chief justice sr.kalyan jyoti sengupta and honble sr.justice sanjay kumar writ petition nos.29189, 29264, 29317, 29453, 29455 ..... institution or endowment or any other sufficient cause or for reasons to be recorded in writing appoint a single trustee instead of a board of trustees: provided further that in the case of a religious institution, the archaka or where there is more than one archaka, the pradhana archaka thereof shall be an ex-officio member of the trust board notwithstanding clause (g) of sub-section (1) of section .....

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Sep 02 2014 (HC)

B Keerthivarma Shetty Vs. The State of Karnataka

Court : Karnataka

Decided on : Sep-02-2014

..... as jain religious institutions even by subsequent enactments by referring to sec.1(2), its explanation, sec.2 and sec.5(3) of the madras hindu religious and charitable endowments act,1951 ( act, 1951 for short). the contents therein is similar to the above extracted portion of act ii of 1927 to exclude the jain religious institutions and the power of notifying is given to the government.17. further, the karnataka hindu religious institutions and charitable endowments act, 1997 ( act, 1997 for short ..... the subject is to the effect that initially the jain religious institutions were governed under act, 1863 and the applicability of that act has been excluded only to the hindu religious institutions by the subsequent enactments and when there is no other specific provision being made under any other enactment to jain religious institutions, the procedure contemplated under sec.10 of the act, 1863 will continue to apply, except in cases where ..... the relevant provision has held that 5 the repeal as made by the madras hindu religious endowments act, 1926 ( act no.ii of 1927 for short) will apply only in so far as hindu religious endowments. hence it was held that religious endowments act, 1863 ( act, 1863 for short) is applicable to jains of dakshina kannada. under sec. 10 of act, 1863, if the vacancy occurring in the committee is not filled by election, the .....

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Feb 19 2014 (HC)

Sriman Niranjan Jagadguru Vs. the State of Karnataka by Its Secretary ...

Court : Karnataka

Decided on : Feb-19-2014

..... to hand over the math and gadduge to the petitioner and etc.,) 1. the petitioner is before this court seeking for declaration that the provisions of the hindu religious institutions and charitable endowments act, 1997 (hereinafter referred to as "the act 1997') are not applicable to yediyur sidaajingeshwara swamy mutt and the mutt at kaggere, kunigal. the petitioner is also assailing the order dated 15.12.2008 at ..... court in writ proceedings or even by the statutory authority even if remanded. the question is not only of the notification issued under section 23 of the act 1997. it has been treated as a muzrai institution and the order dated 10.06.1904 was passed and it has remained in force ever since. that apart the rules were framed in 1967 with regard ..... to the management of the institution, the archaks have been appointed and tasdik allowance has also been provided. the notification under section 23 of act 1997 was only a natural consequence ..... on the new act coming into force. the .....

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Aug 25 2014 (HC)

The Secretary to Government Revenue Department and Others Vs. Sri Pras ...

Court : Karnataka

Decided on : Aug-25-2014

..... the mismanagement of the temple. when things stood thus, the temple is taken over by the state government by notifying the said institution under the provisions of sections 42 and 43 of the karnataka hindu religious institutions and charitable endowments act, 1997 ('act' for short), without affording any opportunity, whatsoever to the said respondent. therefore, the notifications dated 11th april 2012 and 13th ..... april 2012 vide annexures a and annexure b are contrary to the provisions of the act and the rules framed there under. aggrieved by ..... that the commissioner should have either appointed enquiry officer subordinate to him to conduct enquiry or he himself should have conducted enquiry as contemplated under section 43 (6) of the act. the learned single judge further opined that the said procedure is not followed and therefore the first respondent/trust did not have an opportunity ..... either himself enquired or has he authorized any officer subordinate to him to hold enquiry into the objections filed by the trust as contemplated under section 43 (6) of the act. further, the records reveal that the enquiry is conducted by the special deputy commissioner based on the direction of the commissioner in different context .....

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Dec 06 2014 (SC)

Dr. Subramanian Swamy Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Decided on : Dec-06-2014

..... of a.p. & anr., air1996sc1414 this court examined the constitutional validity of some of the provisions of the andhra pradesh charitable and hindu religious institutions and endowments act 1987. the court also examined the object of the scheme framed under section 55 of the said act and held as under: ..that the power of the commissioner to frame scheme is not absolute but is conditioned upon reasonable ..... protect the rights conferred therein on a `religious denomination` or a section thereof. however, the rights conferred under article 26 are subject to public order, morality ..... operation of the said order dated 5.8.1987. however, the writ petition stood dismissed vide judgment and order dated 17.2.1997. h. aggrieved, the respondent no.6 preferred writ appeal no.145 of 1997 and the high court vide its judgment and order dated 1.11.2004 disposed of the said writ appeal giving liberty to respondent ..... , air2002sc1685.9. the aforesaid provisions make it clear that the rights of the denominational religious institutions are to be preserved and protected from any invasion by the state as guaranteed under article 26 of the constitution, and as statutorily embodied in section 107 of the act 1959.10. undoubtedly, the object and purpose of enacting article 26 of the constitution is to .....

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Oct 09 2014 (HC)

S.Solai Vs. N.A.Ayyakkanu

Court : Chennai

Decided on : Oct-09-2014

..... of 2009 (4) ctc377(cited supra).it is stated as follows: 19. section 63(e) of the tamil nadu hindu religious and charitable endowments act, 1959 reads as follows: ".whether any person is entitled, by custom or otherwise, to any honour, emolument or perquisite in any religious institution; and what the established usage of a religious institution is in regard to any other matter;". 20. from the close reading of ..... of 2013 before the joint commissioner, tamil nadu hindu religious and charitable endowment department, trichy. for the above reasons, petitioner prayed for dismissal of i.a.no.560 of 2013. 9.the learned judge after considering all the materials on record granted interim injunction pending suit or till the order of executive officer is in force. 10.aggrieved by the said order dated 02.01 ..... district munsif cum judicial magistrate court, thirumayam. !for petitioner : mr.rajaraman ^for respondent : mr.j.jeyakumaran date of reserving the judgment : 14.07.2014 date of pronouncing the judgment : 09.10.2014 :order this civil revision petition has been filed against the fair and decretal order, dated 02.01.2014 passed in i.a.no.560 of 2013 in o.s ..... before the madurai bench of madras high court dated: 09.10.2014 coram the honourable ms.justice v.m.velumani c.r.p.(md).no.1059 of 2014(pd) & m.p.(md.no.2 of 2014 s.solai ..petitioner vs n. .....

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