Court : Karnataka
Reported in : 2007(1)KarLJ1
..... this case.39. one other issue that was seriously agitated was with regard to the definition of a 'hindu' in terms of section 2(16) of the definition. this act is called karnataka hindu religious institution and charitable endowment act of 1997. 'hindu' has been defined not to include a buddhist, jain or sikh. the hindu philosophy believe in 'vasudeva kutumbakam'. the constitution recognises right to freedom of religion in terms of article ..... condition of temple servants are provided under section 15 and miss-conduct and penalty is provided under section 16 of the act.chapter iv deals with common pool fund in terms of the statement of objects and reasons. the commissioner has to create a fund known an common pool fund. it would be out of contribution made by the notified institutions at 5% of their gross annual ..... rightly argued would be hit by article 26 of the constitution of india.65. but however, the power to take over the administration in the event of mal administration financial/mis-management certainly cannot be termed as violation of article 26(b) of the constitution of india. therefore, the government cannot in the guise of better administration takeover even the best .....Tag this Judgment!
Court : Chennai
..... . 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 ..... the defendant that iyyappa temple at anna nagar is a temple within the meaning of sub-section 20 of section 6 of the act. therefore, the ..... hr and ce, deputy commissioner and the commissioner. 27. from the above, it is clear that the officers, while conducting the inquiries are performing functions as of a civil court, unless the documents are duly marked as contemplated under the evidence act, they cannot be looked into or made the basis for the conclusions. in the case on hand as already stated ..... exercised over the temple in accordance with the provisions of this act, in so far as the properties of the temple situated within the state are concerned. 16. there is no dispute that in the case on hand what is sought to be termed to be a religious institution within the meaning of sub-section 18 is a temple and it is the claim of .....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 ..... beyond the specified period by the rules and in such circumstances it should be taken that there was deemed confirmation. the learned counsel also pointed out that the auction was conducted in accordance with the rules and absolutely there was no default on the part of the plaintiff and as required by the power of attorney holder, the deposit of rs ..... to accept the said submission. hence it has to be necessarily concluded that the plaintiff had not deposited 1/3rd of the bid amount as required by the auction conditions.16. it is needless to say that the relief of specific performance is a discretionary relief and merely because it is lawful, automatically in all cases, such relief need not be ..... due course. on 5.1.1984, the commissioner had sent a regular copy of the order refusing to confirm the sale and the same was received by the defendant on 16.1.1984. on 19.1.1984 the defendant sent by registered post acknowledgment due to the plaintiff, a copy of the order of the commissioner. the same was returned stating .....Tag this Judgment!
Court : Karnataka
..... hindu religious institutions and charitable endowments act, 1997 including shree guru dattathreya bababudan swamy dargah in the list of hindu religious and charitable endowments is not in force now.7. in the light of the above facts and circumstances it cannot be disputed that all rituals and functions at shree guru dattathreya bababudan swamy dargah/peetha have to be conducted ..... 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 ..... 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 ..... . 17351 of 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 .....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 ..... amount is spent on feeding the sadhus and on the management of the math property. he has further given an undertaking that the inquiry which is being conducted under section 46 of the act will be concluded within a period of three months. it may be made clear that the assistant commissioner who is in charge of the day-to-day ..... shall framed charge on any of the grounds specified in sub-section (1) against the mathadhipathi or trustee concerned and give him an opportunity of meeting such charge, ..... persistent and wilful default in the exercise of his powers or performance of his functions under this act;(g) violates any of the restrictions imposed or practices enjoined by the custom, usage or the tenets of the math, in relation to his personal conduct, such as celibacy, renunciation and the like;(h) leads an immoral life.(2) the commissioner .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... 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 ..... '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 ..... public auction and directed the commissioner, endowments, to take necessary action in the ..... (petitioner in wp no.15332 of 1998) in preference to the offer of one r. subramanyam for lease of the said land without conducting .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP264
..... relating to 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 for suits ..... 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 ..... give retrospective effect to the provisions of the act. on the other hand, there are clear indications in the section pointing to the prospective operation of the act.16. the contention however was 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 .....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 ..... . 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', ' ..... idol retaining the control and management in his own hands and that 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 ..... court making a last ditch to resist execution on the ground that the exemption from provisions of tamil nadu buildings (lease and rent control) act, 1960 under g.o.m.s no.2000, dated 16.8.1976 (herein after referred to as g.o) will not cover buildings owned by temples. the executability of the decree for eviction .....Tag this Judgment!
Court : Chennai
Reported in : (1980)2MLJ358
..... 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 ..... temple. the provisions of the tamil nadu act, were, therefore, stated to be applicable and the plaintiff's institution was liable to contribute the audit fee.4. the following issues were framed by the trial court:1 ..... 1974, the district court, nagercoil remanded the suit. it is in pursuance of the remand that the present trial came to be conducted,5. after discussing the evidence, the learned subordinate judge held that the suit temple was a public religious institution and not a denominational trust. this was the answer to issues 1 and 2. regarding issues 3, 7 and additional issue ..... 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 a day, and there were special poojas on important occasions and festival days. there was no difference between the pooja conducted in this temple and in any other .....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!