Court : Karnataka
Reported in : 2007(1)KarLJ1
..... ias officer is to be the commissioner for hindu religious institutions and charitable endowments. there would be deputy commissioner and there would be assistant commissioner for implementing the act. chapter ii provides for subordinate officers and delegation of powers.chapter iii deals with archaks and temple servants. appointment of archak, qualifications for archaks are provided under 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 ..... demand to provide for regulation of 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 it was with these two laudable objects, the state government enacted 1997 act and repealed all the earlier five acts namely, 1) the karnataka religious and charitable institution act, 1927 2) the madras hindu religious and charitable endowment act,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. the history therefore reveals that the .....Tag this Judgment!
Court : Chennai
..... to a declaration as prayed for? 15. 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 ..... 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 as ..... public that rights of admission reserved. 7. it is the further contention of the plaintiff that hundials are not placed in the premises of the temple, but are placed in the office of the society. the 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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... 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 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 this second appeal:(a) whether the approval of the commissioner, endowments under rule 31(10) of the alienation of immovable property rules (gift, sale, exchange or mortgage of property) under sections 74, 86(3), 90(3)(a) read with section 107 of the a.p. charitable and hindu religious institutions and endowments act, is mandatory or directory?(b) whether the ground of deemed ..... by rule 31(10) and till such approval is granted, the defendant mutt cannot execute a sale deed in favour of the plaintiff in pursuance 6f the auction.15. apart from this aspect of the matter, a contention relating to deemed permission had been raised and the appellate court having discussed about the rule position had .....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 ( ..... without hurting the feeling's of the other community. past behaviour of certain persons indicates that they have not kept their promise of carrying' out religious processions etc., peacefully in accordance with conditions imposed bylaw and order authorities, while giving permission to organisers of procession, assemblies, etc., involving large number of persons. it is important to ..... and abusive slogans openly and if the district authorities have reasons to believe that persons requesting for permission to take out procession are unable to abide by the conditions imposed for allowing the procession, strong preventive measures including banning of procession should be taken by them as per law.the deputy commissioner and superintendent of police ..... 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 effective .....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 ..... 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 ..... 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 .....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
..... 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 ..... enacts regarding 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 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 35 then .....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 ..... of his family or some other selected individuals and yet so conduct himself as to provide conclusive evidence of dedication by implication and by conduct,'15. therefore though the bombay public trusts defines 'public trust' to include a 'temple' there is hardly any room to question that in the absence of an explanation the g.o. cannot be considered to include a .....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 ..... tamil nadu act xxii of 1959 defines 'religious institution' as follows:'religious institution' means a math, temple or specific endowment ; section 6, clause 19 defines 'specific endowment' as follows:specific endowment' means any property or money endowed for the performance of any specific service or charity in a math or temple, or for the performance of any other religious charity, but does not include an inam of nature.section 6(20) defines temple as'temple' means a ..... of the reliefs cannot be granted to the plaintiff.15. learned government pleader contended that, in case there is any mismanagement, the provisions of the act would have to be applied. it has already been held that the provisions of the act would apply to the institution. the denomination has a right to administer its temple and not mal-administer it. if there is any .....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!