Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... 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 ..... sections 9 to 16 in chapter iii of the act, deals with appointment of archakas and temple servants, their qualifications, emoluments, service condition, misconduct, penalty, termination, retirement etc.11. sections 17 to 19 in chapter iv of the act, deals with creation of common pool fund. the notified institution under the act ..... 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 ..... institutions, propagation of religious tenets, establishment of schools for training the archakas and to study the ancient scripts. to establish and maintenance of university or college the object of which is to study hindu religion, philosophy or sastras or hindu temple architecture. maintenance of orphanages of hindu children etc.12. sections 20 to 22 in chapter v of the act .....Tag this Judgment!
Court : Chennai
..... , 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 ..... 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. ..... 1. the plaintiff in o.s.no.12857 of 2009 on the file of the xii assistant city civil judge, chennai is the appellant. the said suit was filed under section 70 of the tamil nadu hindu religious and charitable endowment act 1959. 2. the facts which necessitated filing of the suit are as follows: the plaintiff ..... conditions are used for other secular activities of the plaintiff society. people belonging to other religions are also members of the society and the very object of the plaintiff society is to promote ayyappa cult without any distinction on the basis of religion, caste, creed or community. on the above contention, the plaintiff would claim that the temple is not a religious institution .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... bid amount as required by the conditions. the learned counsel had drawn my attention to the findings recorded by the court of first instance in this regard which had been reversed by the appellate court. 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 ..... charitable and hindu religious institutions and endowments act, is mandatory or directory?(b) whether the ground of deemed permission is sustainable in the facts and circumstances of the present case?(c) whether the commissioner, endowments also is a necessary and proper party to the suit in the facts and circumstances of the case?(d) whether the plaintiff had complied with all the terms and, conditions of the auction?12 ..... with by the plaintiff in this regard. the learned counsel further elaborating his submissions had drawn my attention to paragraphs 11 and 12 of the judgment of the appellate court and contended that the approval by the commissioner or endowments contemplated by the rules is only directory and it cannot be said to be mandatory. the learned counsel pointing out to ex ..... 1.1984. the same is confirmed by a post copy which was received by the defendant on 10.1.1984. the defendant sent intimation by post to the plaintiff on 12-1-1984 stating that the commissioner had refused to confirm the same and the same must have been received by the plaintiff in due course. on 5.1.1984, the .....Tag this Judgment!
Court : Karnataka
..... 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 ..... was passed by the high court staying the notification including sree guru dattathreya bababudan swamy dargah in the list of hindu religious and charitable institutions or the application of the provisions of the hindu religious institutions and charitable endowments act, 1997 to the said institution. however, on behalf of the sree guru dattathreya bababudan swamy dargah an interlocutory application was filed as i.a. ..... to organisers of procession, assemblies, etc., involving large number of persons. it is important to assess their credibility and competence in ensuring adherence to conditions imposed for allowing such processions in future before any permission is granted by the concerned authorities.in the light of the above it is therefore requested that ..... in power, and interference as a matter of course and as though adjudicating an appeal, will defeat the very purpose of legislation and legislative intent.12. hence, subject to the observations made in the earlier paragraphs of this judgment, the writ petition is dismissed.13. the registry is directed to furnish .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC181; (1969)1SCC844; 1SCR103
..... of the constitution challenging, inter alia, the constitutionality of sections 46 and 47 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1966 (act no. 17 of 1966), hereinafter called the 'act' and for issuance of a writ in the nature of mandamus or other appropriate writs and directions to the commissioner of hindu religious and charitable endowments, hereinafter called the 'commissioner', prohibiting him from exercising ..... provisions of article 26(d) of the constitution. section 47 of the act is not in pari materia with section 56 of the repealed act. on the contrary section 47 indicates quite clearly the conditions and situations in which the commissioner can appoint someone to carry on the administration of the math and its endowments. in the present case, the assistant commissioner has ..... article 14 of the constitution which is the other article which has been pressed into service. the procedure which has been laid down makes all the proceedings before the commissioner quasi-judicial. this is particularly so when the provisions of section 104 of the act are kept in view. moreover if any order of removal is made that can be ..... who is in charge of the day-to-day administration temporarily of the math and its endowments shall be fully entitled to take necessary steps for recovery of all debts and claims which could have been recovered by the mahant from various debtors etc.12. the writ petition, however, fails and it is dismissed, but in view of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... , : 2000(2)ald581 , my 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 confirmation by the ..... known as 'ravurivari dharmasala', 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. sankar reddy (petitioner in ..... in wp no.15322 of 1998 has finally submitted that on the strength of g.o. rt.no.1224 dated 14-7-1997, the petitioner has altered his position by entering into a memorandum of understanding dated 31-12-1997 with the persons in occupation of the land incurring huge expenditure and as such it is not open to the government to cancel .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP264
..... religious endowments governed by the act could be instituted by the religious endowment board or by some persons having interest and with the permission of the board.52. the 1926 act was repealed by the madras hindu religious and charitable endowments act, 19 of 1951. section 5 (3) (e) of the repealing act said that 'sections 92 and 93 shall cease to apply to hindu religious institutions and endowments' section 62 of the repealing act ..... 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 ..... pra) (c) a.s.nos 201 and 235 of 1967, dated 22-7-1971 (andh pra) (d) a.s.nos. 773 and 774 of 1968, dated 31-12-1971 (andh pra) (since reported in (1972) 2 andh pra lj 152) (e) a.s.nos. 114 and 172 of 1969, dated 9-2-1972 (andh ..... section 30 permits constitution of endowment services and section 31 relates to appointment etc., of office-holders and servants.25. section 32 relates to punishment of office-holders and servants in certain cases.26. section 33 stipulates power of commissioner deputy commissioner or assistant commissioner to punish office-holders. section 34 prohibits office-holders and servants to keep in their possession jewels etc. except under conditions.27. section .....Tag this Judgment!
Court : Chennai
Reported in : (2001)1MLJ709
..... 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 since there was dedication of the properties to a community which constitutes a considerable ..... the plaintiff-temple is under the administration of the hindu religious and charitable endowment department and the managing trustee is appointed by the said department. in view of the above position, it has to be held that the suit temple is a public religious institution belonging to arya vaisya community and it is a religious trust....'10. in idol of sri kannika parameswari amman ..... exemption to the buildings belonging to religious institutions is to enable the institutions to get enhanced income by increasing their rents. the buildings were endowed to the public religious and charitable trusts for carrying out certain religious or charitable purposes. with the escalation of prices, the religious and charitable trusts are not in a position to carry out the endowment, if the income of the property ..... .o. is properly construed, it would be clear that it only exempts religious public trusts and not temples. g.o.ms.no.1998 dated 12.8.1974 exempted all buildings owned by hindus, christians and muslim religious trusts and charitable institutions from the provisions of the tamil nadu act 18 of 1960. subsequently, g.o.ms.no.2000 was passed in .....Tag this Judgment!
Court : Chennai
Reported in : (1980)2MLJ358
..... of the 'samudayam' through the elected representatives of the community. it was claimed that the maintenance of such an institution as a denominational one was guaranteed by article 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. ..... 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 ..... 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, 1977 in v. balakrishnan and others v. the assistant commissioner, h.r. & c.e. and others appeal no. 456 of 1973, and the same test was adopted.12. it is in the .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR2205; 2005(5)KarLJ581
..... .2. sri ramanjaneya gowda, learned addl. government advocate appealing for the appellants submitted that in the light of the provisions contained in the karnataka hindu religious institutions and charitable endowments act 1997 [hereinafter referred to as 'the new act'], the 1st appellant was justified in passing the impugned order annexure-a. it is his submission that the donations permitted by the 1st appellant referred ..... to by the learned single judge in his order relates to the period prior to coming into force of the new act.3. however, sri padubidri ..... the respondent-temple must be allowed to disburse the said amount for the benefit of public at large. in oilier words, it is his submission, if other charitable or religious institutions who are discharging public duty for the benefit of the public come forward seeking donations from the respondent-temple, keeping in mind the larger public interest and the ..... by means of a general order it is not permissible for the 1st appellant to reject the request made by the respondent to disburse the amount to various charitable and religious institutions. elaborating his submission, the learned counsel pointed out that if the amounts are required for the purpose of a hospital or for the purpose of financing for .....Tag this Judgment!