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 ..... delivered, way back in the year 1920. the division bench also pointed out that the enactment namely, the tamil nadu hindu religious and charitable endowment act, 1959 does not create any such presumption. therefore, we have to proceed to determine the nature of the suit temple, on the basis of the evidence that is available. in the judgment of the hon'ble division bench referred to the ..... .r.venkataramani, learned additional advocate general assisted by mr.r.pratap singh, learned government advocate for the respondent. 14. from the grounds of appeal as well as submissions the learned senior counsels appearing for either side, the following points are framed for determination in this appeal 1. whether the order of the commissioner hr and ce department dated 28.04.2009 in .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... 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 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 ..... . but however, the language of rule 31(10) of the old rules and rule 25(14) of the present rules virtually is in pari materia ..... of the date of auction, the old rules alone are applicable to the present case .....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 ..... annexure-d and annexure-h orders. we have no reason to assume that the government and the district administration will not discharge their constitutional obligations and statutory duties to uphold rule of law and to maintain law and order. any such assumption will amount to expression of lack of faith and confidence in the government and the district administration. it is ..... his religion, must get an assurance from the state that he has the protection of law freely to profess, practice and propagate his religion and freedom of conscience. otherwise, the rule of law will become replaced by individual perceptions of one's own presumptuous of good social order. therefore, whenever the concerned authorities in charge of law and order find that ..... speech may at times have to be subjected to reasonable subordination to social interests, needs and necessities to preserve the very chore of democratic life - preservation of public order and rule of law. at some such grave situation at least the decision as to the need and necessity to take prohibitory actions must be left to the discretion of those entrusted .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC181; (1969)1SCC844; 1SCR103
..... 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 ..... , 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 ..... why the previous order appointing him as an interim mahant be not recalled. according to the petitioner this was done because the state government started claiming, contrary to the rule and custom which prevailed in the math, that the amounts received on account of padakanukas (personal offerings) should be paid to the government and not taken by the mahant ..... charges are established. it is not possible to see how a procedural change of this nature can be regarded as contravening either article 19(1)(f) or 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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... general rule enshrined under rule 3. the said judgment was confirmed in wa no.1525 of 1998. in a recent decision reported in board of trustee of sri 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 ..... 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 abovementioned rules.5. the next-question for consideration is whether g.o. rt ..... official respondents that g.o. rt. 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 by holding a public .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP264
..... 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 ..... confer power upon civil courts in matters relating to the administration of public charities, charitable or religious. that section is intended or provide proceedings of special nature for the purpose of determining questions that relate to the administration of public, religious or charitable trust s and to prevent multifarious and vexatious suits being filed by irresponsible persons against ..... a right to sue on the case of action accrued is as much a vested right as to continue the validly instituted suit in a civil court. it is we consider, a fundamental rule from which we would not like to sanction any departure. it is a principle not by any means to be ..... 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 .....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 ..... 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 by whatever designation known, used ..... fact, the learned counsel for the petitioner attempted to draw the conclusion from this paragraph that 'temples' and 'religious endowments' were different from each other and that would fortify his case. on the contrary it could only mean that 'temples' and 'religious endowments' were included in the term 'public religious trust'. 14. the decision reported in bala shankar maha shankar bhattjee and others v. charity commissioner, gujarat state .....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 ..... , but there is no specific provision to determine the question whether a particular temple is a denominational one or not, therein.7. section 92 in this act provides for every religious institution paying the annual contribution to the government and section 107, material for our present purpose, provides as follows:nothing contained in this act shall, save as otherwise provided in section 106 and in clause (2) of article ..... . the plain tiff would, therefore, be entitled to a declaration that the temple, is a denominational temple, and for the relief prayed on that basis.14. even in respect of a denominational temple, the authorities, under tamil nadu act xxii of 1959 would have jurisdiction to levy contribution and audit fee. the denominational temples are not exempted from payment of audit fee or contribution. the learned .....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!
Court : Andhra Pradesh
Reported in : AIR1977AP160
..... the learned judge is that section 103 of andhra pradesh charitable and hindu religious institutions and endowments act 1966 (hereinafter referred to as the new act) which corresponds to section 94 of the madras hindu religious institutions and charitable endowments act 1951 (hereinafter referred to as the old act) applies to the case and saves the claim of the temple from the bar of limitation ..... and therefore the claim of the temple for this ..... clearly barred by time.9. sri veerabhadriah further contends that the learned judge is wrong in relying upon section 103 of the charitable and hindu religious institutions and endowments act 1966, which corresponds to section 94 of the madras hindu religious and charitable endowments act 1951. whichever provision applies, so the learned counsel argues, the safeguard that is provided in these provisions ..... necessary to find out the true intendment of the legislature in using the word 'vest' in this particular provision, i.e., section 94 of the old act and section 103 of the new act.14. we are supported in this view by the decision of the supreme court in f. and v. merchants union v. improvement .....Tag this Judgment!