Court : Karnataka
Reported in : 2007(1)KarLJ1
..... state government in terms of the powers conferred on then has chosen to enact a law by name the karnataka hindu religious institutions and charitable endowments act, 1997 and the rules framed thereunder. the said act in terms of the statement of objects and reasons was enacted in the light of a longstanding public demand to ..... math or temple attached thereto; to any hindu religious institution or charitable endowment founded, organised, run or managed by hindu religious denomination. various definitions are provided in terms of section 2 of the act.'charitable endowment' has been defined under section 2(5) of the act so also 'hindu' has been defined under section 2(16) of the act. 'hindu' has been defined as 'not to include ..... all charitable endowment and hindu religious institutions in this state. it was with these two laudable objects, the state government enacted 1997 act and repealed all the earlier five acts namely, 1) the karnataka religious and charitable institution act, 1927 2) the madras hindu religious and charitable endowment act, 1951 3) the bombay public trust act, 1950 4) hyderabad endowment regulations act 5) the coorg temple funds management act, 1956 ..... sections 9 and 10 of the act. the emoluments of archaks are provided under section 12 and the archaks can be on the committee of management in terms of section 11. the salary and service condition of temple servants are provided under section 15 and miss-conduct and penalty is provided under section 16 of the act. .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... management and administration of hindu religious institutions and charitable endowments in the state of karnataka. in section 58 of the impugned act the authorities under the act, are restrained from interfering with religious customs, usages, ceremonies and practices of a notified institution. under the impugned act, provisions are made relating to age, qualification and service conditions of archakas, creation of common pool fund, budget, accounts and audit of notified institutions, constitution of the committee of management ..... petitions are hereby dismissed;(ii) i hold that the karnataka hindu religious institutions and charitable endowments act, 1997 and the karnataka hindu religious institutions and charitable endowments rules, 2002, as valid and constitutional;(iii) liberty is reserved to the petitioners who are aggrieved by their inclusion in the notifications issued under section 23 of the act, to approach the authorities under the act, if they are so advised. if such written complaints are ..... hindu religious institutions and charitable endowments in the state of karnataka a comprehensive act is enacted by the karnataka state legislature. there are xi chapters and 79 sections in the act. section 1 states that the act is extended to the entire state of karnataka and to the hindu religious institutions and charitable endowments notified by the state government. the act shall not apply to mutt or a temple attached thereto and the institutions run or managed by hindu religious .....Tag this Judgment!
Court : Chennai
..... 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 plaintiff sought for declaration that the ..... plaintiff society and the ayyappa temple situated at plot no.c, 49, 2nd avenue, anna nagar, chennai are not religious institutions ..... . 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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... the learned counsel further had pointed out to the relevant rules under sections 74 and 107 of a.p. charitable and hindu religious institutions and endowments act 1966, act 17 of 1966, and also the present rules of 1987 framed in exercise of the powers conferred by section 80 read with section 153 of a.p. charitable and hindu religious institutions and endowments act, 1987, act no. 30 of 1987. the learned counsel submitted that in view ..... communication sent to defendant confirming the telegram. ex.b-5 is the office copy of the memo issued to the plaintiff. ex.b-6 dated 7.11.1984 is another communication given by the commissioner, endowments department, hyderabad to the defendant. ex.b-7 is the copy communicated to the plaintiff by registered post dated 19.1.1984. ex.b-8 ..... s. narayana, j.1. heard sri r. subba rao, counsel representing the appellant and sri o. manohar reddy, counsel representing the respondent.2. pushpagiri mutt, represented by its manager, defendant in the suit, is the appellant in the second appeal. the respondent is the plaintiff. the parties are referred to as plaintiff and defendant as arrayed in the original ..... sustainable and since no substantial question of law is involved in the present second appeal, the second appeal is liable to be dismissed.10. heard both the counsel at length.11. as can be seen from the material available on record, through several questions had been pointed out as substantial questions of law, in substance, the following questions are the .....Tag this Judgment!
Court : Karnataka
..... allowed.5. in the meanwhile a notification dated 30-4-2003 was issued including sri guru dattathreya bababudan swamy dargah in the list of hindu religious and charitable institutions governed by the provisions of the karnataka hindu religious institutions and charitable endowments act, 1997. one mohammed siddique and another firoz m. khan claiming to be the disciples of sri guru dattathreya bababudan swamy dargah challenged the above ..... 1991 kant. 400(db). the said judgment of the high court was confirmed by the supreme court in its order dated 1-11-1991 in s.l.p. no. 17040 of 1991. the commissioner for religious institutions and charitable endowments had issued orders dated 24-8-1983, 10-1-1984 and 28-1-1985 regarding the administration of the dattathreya peetha. the ..... said order dated 25-2-1989. hence this court held that there was no impediment to the management of the affairs of the institution as per the directions contained in the order dated 25-2-1989 of the commissioner for religious institutions and charitable endowments. in its order dated 13-3-2006 this court also noted that the deputy commissioner, chickmagalur ..... violence or communal clashes and that they are totally prepared to face any situation. in this connection, it is useful to quote from annexure-f, letter dated 22-11-2004 sent by the government of karnataka to the director general of police and inspector general of police, deputy commissioner, chickmagalur district and the superintendent of police, chickmagalur .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC181; (1969)1SCC844; 1SCR103
..... . chapter i contains the definitions of various expressions used in the act including the word 'commissioner'. chapter ii provides for the appointment of commissioner, joint commissioners etc., and gives their powers and functions. chapter iii deals with administration and management of charitable and hindu religious institutions and endowments. chapter iv provides for registration of such institutions and endowments. section 42 in chapter v defines the word 'mathadhipathi' to mean any ..... person whether known as mohant or by any other name, in whom the administration of a math or specific endowment attached to a math are vested. sections 46 and 47 are in the following ..... funds and leading an immoral life are being investigated. it cannot be said that section 47 would be hit by article 26(d) of the constitution as the powers under it will be exercised, inter alia, when mismanagement of property or maladministration of trust funds are involved.11. counsel for the petitioner has not made any serious attempt to argue that in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... learned brother hon'ble justice g. raghuram, while considering the scope and effect of section 80(1)(c) of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 which requires that every sale of any immoveable property belonging to any charitable or religious institution or endowment shall be effected by tender-cum-public auction in the prescribed manner subject to the ..... .1224, dated 14-7-1997 is itself illegal and void being incontravention of rule 3 of the immovable properties (other than agricultural lands) lease rules, 1982, framed under the andhra pradesh charitable and hindu religious institutions and endowments act, which requires all the immovable properties other than the agricultural lands owned by the hindu religious institutions and endowments should be leased out only ..... 1scr989 , wherein the apex court deprecated the sale of land belonging to a charitable endowment by private negotiations instead of by public auction. i have, therefore, no hesitation in holding that g.o. rt. no.1224, dated 14-7-1997 is illegal and void as it is plainly in contravention of rule 3 of the ..... ', regimental bazaar, secunderabad, which is governed by the provisions of the a.p. charitable and hindu religious institutions and endowments act, 1987 (herein referred to as 'the act') and the rules made thereunder. in g.o. rt.no.1224 revenue (endts.ii) department, dated14-7-1997, the government of andhra pradesh took a decision to accept the offer of p. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP264
..... that the provisions of chapter iii of the act relating to administration and management of charitable and hindu religious institutions and endowments point out that by necessary implication the act is meant to be retrospective. we would therefore briefly taken stock of these provisions.17. section 14 enjoins that all properties belonging to a charitable institutions or endowments shall vest in the charitable institution or endowments.18. section 15 then makes provision for the appointment of ..... over the existing corresponding provisions and section 37, which is the last provision of the chapter relates to qualifications of and remuneration to archakas.29. what does this brief survey of chapter iii indicate on a reading of these provisions as the title of the chapter itself indicates they all relate to administration and management of charitable and hindu religious institutions and endowments. we fail to comprehend how ..... retrospective in its operation and affects also the pending case the contention of the respondents was that the said section is prospective in its character and does not affect the pending cases instituted under the old act and under section 92, c.p.c.,11. it is now fairly settled that the courts do not favour ordinarily retrospective operation of an enactment. the general rule .....Tag this Judgment!
Court : Chennai
Reported in : (2001)1MLJ709
..... appearing for the temple that since the management of the affairs of the properties, which were dedicated in favour of the temple was vested in the temple's trustees, the benefits of g.o.ms.no.2000 was available. the division bench considered the definition of 'temple' under section 6(20) of the tamil nadu hindu religious and charitable endowments act and came to the conclusion that ..... 1996. as per this amendment, the provisions of the act would not apply to 'religious institutions' and 'religious charity' and 'temple' was clearly included under the definition 'religious institution'. the hr & ce. act has its definition of 'religious endowment', 'religious institution' and 'temple'. we see therefrom a religious endowment means, inter alia, property belonging to or given to orendowed for the support of temples. 'religious institution' means a 'temple' and a 'temple', ' means a place ..... since there was dedication of the properties to a community which constitutes a considerable section of the hindu public, it is a public trust. 11. we may usefully refer to section 92, civil procedure code, which relates to public charities and in particular .....Tag this Judgment!
Court : Chennai
Reported in : (1980)2MLJ358
..... 26 of the indian constitution and section 107 of the tamil nadu hindu religious and charitable endowments act xxii of 1959. reference was made to a scheme framed by the district court of nagercoil in o.s. no. 162 of 1123 and it was stated that the department of hindu religious and charitable endowment had no right to interfere with the management and administration of the institution and its properties. the claim ..... and the worship therein need not be confined to the members of that denomination. but, if the temple belonged to the religious denomination of sourashtra and if that community was entitled to manage the temple, it would be a denominational religious institution.11. it may be mentioned here that i had also occasion to go consider a similar question in a judgment dated 11th november ..... was thus resisted.3. the commissioner, hindu religious and charitable endowment, has been impleaded as the second defendant and he has filed a written statement in which he has stated that the temple was a public one to which all sections of hindu community had access and that, therefore, it was not a denominational temple. there was a paid archaka doing pooja services in the temple twice .....Tag this Judgment!