Court : Karnataka
..... /2015 temple servants and contended that the expression employee is defined under section 2(e) of the act of 1972.23. by way of reply, learned counsel for the appellant reiterated his submissions and pointed to rule 16 of the rules of 2002 to contend that, the said rule, being a part of a special legislation namely, under the act of 1997 which deals with hindu religious institutions and charitable endowments ..... section 13, while section 14 speaks of wa no.1756/2015 the pattern of temple servants to be determined by rules; the salary and service conditions of temple servants are dealt with in section 15; the misconduct and penalty to be imposed on temple servants and other persons is dealt with in section 16 of the act. sections 13, 14, 15 and 16 of the act of 1997 are extracted as under for immediate purpose:13. register of temple servants ..... -as soon as may be after the commencement of this act, the commissioner shall cause to be maintained in each temple a register of temple servants, which shall contain the name, parentage, date .....Tag this Judgment!
Court : Chennai
..... 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 a place of public ..... 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 is the society registered under tamil nadu societies registration act, 1975. it was founded with an object of promoting cult of lord ayyappa irrespective of ..... .rajagopalan, learned senior counsel appearing for the appellant would draw my attention to the judgment of the hon'ble supreme court in sree panimoola devi temple and ors. vs. bhuvanachandran pillai and ors. reported in 2014 (13) scale 485, wherein the hon'ble supreme court after referring to the following observation of the privi council in babu bhagwan din: in these circumstances .....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 ..... of convenience.13. the facts had been narrated above and the same need not be repeated again in detail. it is not in dispute that the suit land was put to sale by public auction on 10.1.1983 at 9 a.m., at krishnapuram village the g.p.a. holder after obtaining permission of the deputy commissioner, hindu religious institutions and endowments board, ..... price by knocking down the bid in favour of the plaintiff on 10.1.1983 in krishnapuram village and agreed to get the necessary sale deed executed and get it registered at the expenses of the plaintiff after receiving the balance of consideration of rs. 8,700/-. the plaintiff has been always ready and willing to perform her part of ..... by the same, the defendant had preferred the present second appeal.8. sri subba rao, the learned counsel representing the appellant/defendant/ pushpagiri mutt had pointed out to ground nos. 13 to 17 which had been raised as substantial questions of law in the second appeal. the learned counsel submitted that when the plaintiff is interested in questioning the order of .....Tag this Judgment!
Court : Karnataka
..... 2005 was dismissed.6. in the meanwhile a division bench of the high court of karnataka has struck down the karnataka hindu religious institutions and charitable endowments act, 1997 as per judgment dated 8-9-2006 in writ appeal no. 3440 of 2005 shri sahasra lingeshwara temple, uppinangady, puttur taluk, dakshina kannada and ors. v state of karnataka 2007(1) kar. l.j. 1 (db) : ilr 2006 kar ..... state of karnataka, the commissioner for religious institutions and charitable endowments and the deputy commissioner, chickmagalur district. the interlocutory application was disposed of by this court as per annexure-h, order dated 13-3-2006. in annexure-h, order this court clarified that there is no order by this court staying the application of the provisions of the hindu religious and charitable endowments act, 1997 and the notifications issued thereunder to ..... to issue further directions merely because the petitioners apprehend that some persons are likely to violate annexure-d, order dated 25-2-1989 of the commissioner for religious and charitable endowments and annexure-h, order dated 13-3-2006 passed by this court in writ petition no. 17351 of 2005. mere apprehension of the petitioners cannot be the basis for issuing any writ by .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC181; (1969)1SCC844; 1SCR103
..... article 32 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 his powers ..... or order, of which they profess to be adherents. this purpose cannot be served if the restrictions are such as would bring the mathadhipathi down to the level of a servant under the state department. it is from this standpoint that the reasonableness of the restrictions should be judged.it was held that the mahant was entitled to claim the protection ..... take the padakanukas which are receivable by the mahant of which he will keep an account as was directed by this court when disposing of the stay petition on december 13, 1968. counsel for the respondent agrees to this and has also agreed to keep accounts of whatever amount is spent on feeding the sadhus and on the management of the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... balaji swamy temple v. state of andhra pradesh, : 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 ..... no.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
..... the 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 provided ..... appointment and duties of executive officers and sections 28 and 29 relate to the appointment of engineering staff and subordinate officers. 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 ..... question whether the grant is to an individual or to an institution cannot be decided by the civil court.5. dissatisfied with that judgment the plaintiffs filed a.s.no. 294 of 1967 in this court. our learned brother m.krishna rao j. by his judgment dated 13-7-1970 (andh pra) allowed the appeal. he held that ..... been in existence from times immemorial and has been serving the needs of the villagers. the tank is endowed with 13 acres and 16 cents of land for the repairs and up-keep of the tank. the tank and the endowed property have been from the inception under the care and management of the trustees. the trustees used to .....Tag this Judgment!
Court : Chennai
Reported in : (2001)1MLJ709
..... 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 since there was dedication of the properties to a ..... . 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 by whatever designation known, used as a place of public religious worship, and dedicated to, or for the benefit of, or used as of right of, to hindu community or any section thereof ..... 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 is not increased suitably and this nullifies the specific purpose of the endowment.'in para 13 .....Tag this Judgment!
Court : Chennai
Reported in : (1980)2MLJ358
..... . the management of the temple and the administration of its properties were alleged to be in the hands 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. the claim ..... scheme framed in o.s. no. 162 of 1123, dated the 25th january, 1951 by the district court, nagercoil, there is the following passage:13. in the light of the declaration, it is clear that this temple has been in the management of the vellalas of this area. it is true that there are two sects of these vellalas governed by distinct .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR2205; 2005(5)KarLJ581
..... order.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 ..... 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 nature of activities that arc being carried out by such ..... be disputed that the respondent-temple is a religious institution and the money received by the respondent-temple is from the devotees who are religious. therefore, when the funds are collected by the temple from the members of public, it is just and proper to permit the temple to utilise the same for the good of the public, namely, for charitable purposes like financing for ..... not genuine, the authorities are at liberty to reject the request.6. the appellants are directed to take a decision with regard to the request made by the respondent-temple to accord permission, as expeditiously as possible and at any event of the matter not later than eight weeks from the date of receipt of a copy of this .....Tag this Judgment!