Court : Chennai
Decided on : Jan-02-2017
..... . before going into rival contentions, it will be useful to extract certain important definitions in the tamil nadu hindu religious charitable endowment act 1959. sub section 18 of section 6 defines a 'religious institution' as follows: section 18 religious institution means a math, temple or specific endowment sub section 20 of section 6 of the hr and ce act 1959 defines temple , which reads as follows: temple means a place by whatever designation known, used as ..... basis of religion, caste, creed or community. on the above contention, the plaintiff would claim that the temple is not a religious institution as defined under sub-section 18 of section 6 of the hindu religious and charitable endowment act. therefore, the defendants namely, commissioner hr and ce, hindu religious charitable endowment administration department, cannot have any say in the matters of management of the temple in question. 8. in the suit the ..... section 6 of the tamil nadu hindu religious and charitable endowment act. on the above materials the defendant had come to the conclusion that the temple is a public temple and a religious institution falling within the purview of the tamil nadu hindu religious charitable endowment administration department and the department has got every right to appoint non-hereditary trustees. on the above contentions the defendant sought for dismissal of the suit. 10 .....Tag this Judgment!
Court : Chennai
Decided on : Jan-04-2017
..... by the commissioner as provided under the tamil nadu hindu religious and charitable endowment act, 1959 as such cannot accepted. 8. it is argued by the defendant's counsel that the executive officer has not been specifically authorised by the commissioner or the trustees to issue notice under section 106 of the transfer of the property act and therefore, the lease determination notice issued by the ..... (sri arthanareeswarar of tiruchengode by its present executive officer, sri sabapathy v. t.m.muthuswamy padayachi, etc. and others), has erroneously held that the executive officer is competent to institute the suit on behalf of the plaintiff temple and hence, challenging the same, according to him, the second appeal has been preferred. 7. as regards the entitlement of the executive ..... that accordingly, the executive officer has duly determined the tenancy of the defendant and armed with the authorisation given by the commissioner, it could be seen that he has instituted the suit on behalf of the temple against the defendant seek appropriate reliefs. therefore, the courts below have also rightly found that the executive officer has all the competency ..... for further acts the direction of the commissioner is necessary, he should seek the required sanction for the same. in such view of the matter, the argument put forth by the defendant counsel that the executive officer has not been conferred with the power to lay the suit on behalf of the temple cannot be accepted in any manner. 10. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-09-2017
..... the following enactments shall cease to apply to hindu religious institutions and endowments, namely:- (a) the tamil nadu endowments and escheats regulation, 1817 (tamil nadu regulation vii of 1817); (b) the religious endowments act, 1863 (central act xx of 1863); (c) the charitable endowments act, 1890 (central act vi of 1890); (d) the charitable and religious trusts act, 1920 (central act xiv of 1920); and (e) section 92 and 93 of the code of civil ..... b.k. mukherjea j., speaking for this court in gnambal ammal vs. t. raju ayyar and others, air1951sc103 on construction of the will laid down following in paragraph 10:- 10. the cardinal maxim to be observed by courts in construing a will is to endeavour to ascertain the intentions of the testator. this intention has to be gathered primarily from ..... and mutual will in kuppuswami raja and anr. vs perumal raja and ors., air1964madras 291. in the madras case, two brothers perumal and chinnappa executed a will on 31.10.1942. the will disposed the properties to different relatives. chinnappa died in the year 1949, perumal, the surviving brother executed a 'registered will' dated 09.08.1950, cancelling ..... inter vivos converting separate properties into joint properties. in this view, on the death of kunhan kaimal his properties vested in the legatees under the will dated february 10, 1906 and therefore neither kesavan kaimal nor his transferees under the deeds could lay any claim to them. 27. a division bench of the madras high court had .....Tag this Judgment!
Court : Chennai
Decided on : Jan-31-2017
..... of executive officers rules, 2015 framed by the respondent vide g.o.ms.no.260 tourism, culture and religious endowments department (re4-2) dated the 6thnovember, 2015 as ultra vires of sections 43-a, 45 and 107 of the tamil nadu hindu religious and charitable endowments act, 1959 (tamil nadu act xxii of 1959) and articles 25, 26 and 31-a (1)(b) of the constitution of india ..... situation. (x) with regard to sub rule (d) of rule 4, we are unable to see any infirmity in the same qua the said parent act. the parent act by its very scheme envisages the functions of a religious institution/ temple being performed by a natural person. as stated supra, it is the case of the petitioner that the impugned rules offend sections 43- ..... necessary and expedient, in the interest of such religious institution, by order, appoint an executive officer for such religious institution, for such period or periods as may ..... the appointment of an executive officer to assist him in the better administration and development of the religious institution; or (ix) that any scheme settled or deemed to have been settled to any religious institution under the provisions of the act contains a clause as such; or (x) for any other reason, the commissioner may, after holding such inquiry as he may consider it .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-15-2017
..... 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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-21-2017
..... 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 .....Tag this Judgment!
Court : Delhi
Decided on : Jul-11-2017
..... the public and the maths in general were consequently held to be public? in character and an institution? within the meaning of the orissa hindu religious endowments act, 1939.47. thus, no merit is found also in the challenge to the eviction order under section 22 of the act. cm(m) 294/2012 & cm(m) 295/2012 page 12 of 13 48. resultantly, both petitions are ..... in unauthorised occupation of such premises; or that the premises are required bona fide by the public institution for the furtherance of its activities. explanation for this the purposes of section, public institution includes any educational institution, library, hospital and charitable dispensary but does not include any such institution set up by any private trust. 41. the contention of the counsel for the petitioner/tenant is ..... that clause 22(d) was not applicable to the respondent/landlord because the respondent/landlord is not a public institution, being a private trust. he has in this regard referred to birdhi chand jain charitable trust vs. kanhaiya lal sham lal 1972 scc online del 222.42. the counsel for the respondent/landlord had drawn attention to ..... the societies registration act, 1860 and which is stated to have been proved before the arc as pw-1/2. as per the said cm(m) 294/2012 & cm(m) 295/2012 page 10 of 13 memorandum of association, the respondent/landlord society is a charitable society with the object inter alia of starting and operating a library, reading room of religious books and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-22-2017
..... 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 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-29-2017
..... 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 .....Tag this Judgment!
Court : Karnataka Dharwad
Decided on : Apr-04-2017
..... 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 .....Tag this Judgment!