Court : Karnataka Dharwad
Decided on : Nov-17-2015
..... a tabular form: section as under the karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001)section as amended vide act no. 27/2011section as amended vide act no. 12/2012section 1(4) : it shall not apply (i) to a mutt or a temple attached, thereto; (ii) to any hindu religious institution or charitable endowment founded, organized run or managed by hindu religious denomination.substituted as:- section 1(4) ..... the committee of management from among the devotees, donors and followers of the hindu religious institutions or as the case may be, the endowers and the beneficiaries of the charitable endowment in such manner that it consists of (i) in the case of a temple the pradhana archaka or archaka; (ii) atleast one member from among the scheduled castes or the scheduled ..... the committee in the larger interest of hindu community. their exclusion in the case of hindu religious denomination temples in our opinion would be an arbitrary, unjustifiable treatment thereby violating article 14 of the constitution of india. 67. similarly, section 25(4) provides for qualification to be a member of the committee. section 25(4)(a) would say that ..... vs. harindra kumar banerjee, air 1969 sc 1167, ravi yashwanth boir vs. the district collector, raigad, 2012(4) scc 407). the contention that the order dated 10.10.2011 holding ia no. 17 filed by the state as redundant, would lead to an inference that the amendment holds the field or that karnataka no. 33/2001 .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-04-2015
..... . 2. the issue relates to the installation of the hundi and collection of seva fee in the kolaramma and sri someswara temples which are admittedly, muzarai institutions under the karnataka hindu religious institutions and charitable endowments act, 1997 (hereinafter referred to as hrce act, 1997for short). at the first instance, when the deputy commissioner had passed an order dated 16-8-2003 to that effect, the private respondents herein ..... temples in question are owned, protected, preserved and maintained by the archaeological survey of india. there is no material on record to indicate that a notification as contemplated under section 20 of the act 1961, has been issued and the temples have been acquired in accordance with law. if that be the position, at this stage, it cannot be said that the ..... therein, which does not indicate that the present order passed by the deputy commissioner for installation of a hundi or seva fee is prohibited and therefore the permission under rule 10 of rules 1966, would not arise. 6. in that light, a perusal of the order impugned, though gives an impression that the same is exhaustive, the major portion of the ..... money in the hundi and the seva fee is to secure performance of the pooja which is a religious practice. it would ultimately be available to the petitioner for the maintenance of the temples and to bear the salary of the archaks and staff. 10. in fact, this court at the first instance while disposing of w.p. no. 27072 of 2004 .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-31-2015
..... statement, the notification dated 30-4-2003 has not been produced, the contention on behalf of the respondents that the temple has been notified under section 23 of the karnataka hindu religious institutions and charitable endowments act, 1997, cannot be doubted. if that be the position, to the extent that the premises wherein the petitioners are residing belongs to the temple cannot be ..... that the order dated 29-10-1986 is clear that the entire management as well as the properties has been taken over by the government and the temple in any event has been subsequently notified on 30-4-2003 by issue of a notification as contemplated under section 23 of the karnataka hindu religious institutions and charitable endowments act, 1997. hence, it is contended ..... that the orders are justified and the same do not call for interference. 6. having taken note of the rival contentions, what cannot be lost sight is that prior to the instant proceedings under the act 1974 was initiated before the estate ..... were in-charge of the temple have through their communication as at annexure-r4 made over the temple property and its affairs to the endowment board (muzrai). pursuant thereto, the government order dated 29-10-1986 is issued whereby the temple along with its movable and immovable properties have been taken over by the government. in that view .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-09-2015
..... the guruparampara of shree aadi shankaracharya. shri gokarna mahabaleshwara temple at gokarna was managed by the mutta. with the karnataka hindu religious institutions and charitable endowments act, 1997, having been enacted, the temple is said to have been notified under section 23 of the act in the year 2003. however, it is said that on the representation on behalf of the mutta, to the ..... right the abrasion in the administration of justice, as otherwise the confidence of common man in this institution would be impaired." therefore, what has been held by this court in the aforestated appeals is not applicable to the instant case. 10. reference was also made by shri acharya to a judgment of the andhra pradesh high court - ..... 18.11.2011 stated above) 2 20.11.2011 (6days) hrishikesh twice every day: 12 8 21.03.2012 to 02.04.2012 hosanagara, shimoga 10 temple, siddapura 10 25.04.2012 to 28.04.2012 bhankali mutta near 3 sidapura st near mangalore 13 03.06.2012 to 08.06.2012 kalamandira, mysore 4 of ..... w w.a.no.4053/2013 (gm-res) dated 29.11.2013 and (2) w.a.nos.16522-24/2011 and w.a.no.16525/2011 dated 04.10.2011. we have gone through these judgments. in w.a.no.4052/2013 c/w w.a.no.4053/2013 (gm-res) dated 29.11.2013, the ..... september 2012 malleshwaram, j.p.nagar, bangalore 16 16.10.2012 to 24.10.2012 ambagiri near sirsi 10 17 09.11.2012 to 17.11.2012 mururu near kumta 7 18 05.01.2013 to 09.01.2013 kairangala mudipu 4 19 19 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-23-2015
..... founder of the temple is seeking a writ of mandamus to declare that the proceedings in the aforementioned memo dated 08.01.1997 are issued without any jurisdiction and in violation of provisions of the a.p. charitable and hindu religious institution and endowments act ( the act 30/1987', for short), the principles of natural justice and the rights guaranteed under the articles 14, 19, (1) f and ..... officer had addressed a letter in rc.no.nil/98 dated 30.10.1998 to the commissioner, endowments intimating that the writ petitioner had paid the amount and that he in turn had deposited the said amount in the sb account of the temple with the ..... . 7.1 in this regard, it is necessary to refer to section 80 of the act 30 of 1987 which reads thus: 80. alienation of immovable property:-- (1) (a) any gift, sale, exchange or mortgage of any immovable property belonging to or given or endowed for the purpose of any charitable or religious institution or endowment shall be null and void unless any such transaction, not being ..... by the government, the writ petitioner had pursued the matter with the government and had in-fact paid rs.62,423/- to the executive officer of the temple on 16.10.1998 vide receipt no.129 towards the total amount due and payable to the temple as mentioned in the memo of the government. after collecting the said amount, the executive .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-30-2015
..... member of the managing committee of the temple sri.moojilnaya in idu village of karkala taluk at udupi district by the zilla dharmika parishat, udupi district, under section 25 of the karnataka hindu religious institutions and charitable endowments act, 1997 ('the act' for short). respondent no.3 passed an order at annexure 'c' dated 26.8.2013 dissolving the committee of management of the aforesaid temple. the petitioner ..... of the order impugned makes it clear that the petitioner has not been terminated from the membership of the committee. the committee of management itself has been dissolved. section 28 of the act states that rajya dharmika parishat or zilla dharmika parishat as the case may be, shall have power to dissolve a committee of management including a member or hereditary ..... the affairs of the temple without any blemish. the respondent no.3 has dissolved the committee without assigning any reason and without holding an enquiry as provided under section 28 of the act. 4. on the other hand, learned counsel appearing for the respondents submit that the term of the members of the managing committee is subject to the pleasure ..... dissolved the committee without assigning any reasons. it is also clear that no enquiry has been held in accordance with sub-section (2) of section 28 of the act. the impugned order has been passed in violation of section 28 of the act. 10. in the result, the writ petition succeeds and it is accordingly allowed. the order passed by respondent no.3 at .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-23-2015
..... not correct or improper, the only course open to it is to avail the remedy under section 87 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987. 8.3 while dealing with the contentions urged by the learned counsel for the parties ..... section (1) of section 22-a of registration act. for the sake of convenience, said clause is reproduced hereunder: documents relating to transfer of property by way of sale, agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act ..... , 1987 or by wakfs falling under thewakfs act ..... 10.2 the contention of the state is that the respondent-temple is a public institution as per section 6(c) of a.p. charitable and hindu religious endowments act, 1966 (for short endowment act'). the subject property is included in the property register maintained under section 38 of act 17/66 (corresponding provision is section 43 of act .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-01-2015
..... the specific endowment provided the charitable or religious institution is situated within the state. chapter iii of the endowments act deals with administration and management of charitable and hindu religious institutions and endowments. section 14 refers to vesting of all properties in the institution or endowment all properties belonging to, or given or endowed to a charitable or religious institution or endowment shall vest in the charitable or religious institution or endowment, as the case may be. chapter x deals ..... or charity has ceased to be performed. explanation ii:- any inam granted to an archaka, service holder or other employee of a religious institution for the performance of any service or charity in connection with a religious institution shall not be deemed to be a personal gift to the archaka, service holder or employee, notwithstanding the grant or ryotwari patta to an ..... documents (sale deeds) 1 sr.radhakrishna naidu 242/156 part 370 sq.yards 2389/1997 and 2390/97 2 sriramaneni krishnamurthy 242/322 & 323 800 sq.yards 2389/1997 and 2390/97 3 k.prabhakar naidu 242/157 part & 158 part 365 sq.yards 2389/1997 and 2390/97 4 g.uttaradu 242/156 part & 157 part 635 sq. ..... yards 2389/1997 and 2390/97 in the year 2006, the petitioners claim to have presented documents covering the above plots for registration before the 4th respondent. the 4th .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-29-2015
..... the principles laid down in the above decisions, it is clear that the public purpose or object of establishing a trust must be a charitable purpose. charitable purpose is defined under section 2(5) of the a.p. charitable and hindu religious institutions & endowments act, 1987. charitable purpose includes (a) relief of poverty or distress (b) education medical relief and (c) advancement of any other object of utility or welfare ..... law and prayed to dismiss the suit.10. the 2nd defendant filed memo adopting the written statement filed by the 1st defendant.11. basing on the above pleadings, the trial court framed the following issues: a) whether the plaintiff trust is a private one?. b) whether the registration of trust under section 38 of the hindu religious charitable endowments act was done?. c) whether order of the ..... from contending that it is a private trust.9. after registration of the trust as public trust under section 38 of the act, a notification was issued by the commissioner of endowments under section 6(c)(i) of the act vide r.c.no.j2/13964/72, dated 10.04.1972. the contention that the plaintiff trust is only private trust and not a public trust ..... library and to do pilgrimage to badari for his sake which is to be done by one of the trustees.4. the annual income of the trust is about rs.10,000/- and the accounts are being submitted to the district court, rajahmundry, in o.p.no.122 of 1972.5. as per the terms of the will, trust should be .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-16-2015
..... , vedas, prabandas, thevarams and similar invocations and the performance of duties connected with such performance and recitations. sections 55 and 56 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act 22 of 1959), provide for appointment of office-holders and servants in the religious institutions by the trustees by applying the rule of hereditary succession also. as a step towards social reform ..... discussed above, the impugned g.o. dated 23.05.2006 by its blanket fiat to the effect that, any person who is a hindu and possessing the requisite qualification and training can be appointed as a archaka in hindu temples has the potential of falling foul of the dictum laid down in seshammal (supra). a determination of the contours of a claimed ..... alia, on shirur mutt (supra) and jesse cantwell vs. state of connecticut. and united states vs. ballard.. para 57 of the minority opinion containing the discordant note would be worthy of reproduction. 57. the exercise of the freedom to act and practise in pursuance of religious beliefs is as much important as the freedom of believing in a religion. in ..... raise the issue and establish that there is a usage or custom or customary practice governing the temple in question which require the appointment of the archaka to be made from a particular denomination.10. it is difficult for us to accept the contentions advanced on behalf of the respondents with regard to the maintainability of writ petitions on two .....Tag this Judgment!