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Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 section 5 subordinate officers Page 1 of about 1,202 results (0.686 seconds)

Sep 23 2008 (HC)

Grama DevaThe Sri Renuka Parameshwari (Kodhihallamma) Devasthanada Jee ...

Court : Karnataka

Reported in : ILR2008KAR4849; 2009(1)KarLJ427

..... submitted by all the three authorities referred above, has taken a decision with reference to section 1(4)(ii) of the karnataka hindu religious institutions and charitable endowments act, 1997 stating that, on the basis of the records available on file and the report submitted by the subordinate officers, the temple in question has been formed by a particular sect, viz. 'manyada ..... hallikara' community, and hence, it cannot be declared as muzrai temple or a declared institution.6. as per section 1(4)(ii) of the aforesaid act ..... requested the competent authority to declare sri renuka parameshwari (kodihallamma) temple (hereinafter called 'temple' for short) as a muzrai temple or a declared institution under section 43 of the act.3. in the light of the memorandum submitted by the villagers through the petitioner -association, the tahsildar, hiriyur, after conducting enquiry, submitted his ..... section 43 of the act, as referred above. assailing the correctness of the impugned order, returning the proposal for declaring the said temple as muzrai or a declared institution, petitioner herein felt necessitated to present the instant writ petition, seeking appropriate reliefs, as stated supra,.5. after careful perusal of the grounds urged by .....

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Aug 25 2014 (HC)

The Secretary to Government Revenue Department and Others Vs. Sri Pras ...

Court : Karnataka

..... to the mismanagement of the temple. when things stood thus, the temple is taken over by the state government by notifying the said institution under the provisions of sections 42 and 43 of the karnataka hindu religious institutions and charitable endowments act, 1997 ('act' for short), without affording any opportunity, whatsoever to the said respondent. therefore, the notifications dated 11th april 2012 and 13th april 2012 ..... there is nothing on record to show that the commissioner has either himself enquired or has he authorized any officer subordinate to him to hold enquiry into the objections filed by the trust as contemplated under section 43 (6) of the act. further, the records reveal that the enquiry is conducted by the special deputy commissioner based on the direction ..... pass the order, taking over the management of the temple. therefore, since the mandatory procedure prescribed under section 43 (6) of the act was not followed by the commissioner, all further proceedings subsequent to the stage of section 43 (5) of the act are vitiated. accordingly, the learned single judge quashed the notifications at annexures a and b to the writ ..... a and b with certain observations, as stated supra. being aggrieved by the same, the present writ appeals are filed by the state government and other authorities. 5. the submission of the learned government pleader appearing for appellants is that, the notifications at annexures a and b to the writ petitions are in consonance with the relevant .....

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Apr 27 2000 (HC)

Kodachur Ganesh Rao Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : 2000(3)ALD704; 2000(3)ALT645

..... 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, 1987 which requires that every sale of any immoveable property belonging to any charitable or religious institution or endowment shall be effected by ..... 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 ..... unable to accept this submission. it appears from g.o. rt no.1224 itself that the commissioner of endowments has merely requested the ..... to contend that as the assistant commissioner and the commissioner of endowments have recommended the acceptance of the petitioner's offer, it must be presumed that the executive officer of the institution who was their subordinate also concurred with the proposal and g.o. rt.no.1224, dated 14-7-1997 is, therefore, not contrary to the lease rules. i am .....

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Sep 08 2006 (HC)

Sri Sahasra Lingeshwara Temple, Rep. by Its Managing Trustee Sundaresh ...

Court : Karnataka

Reported in : 2007(1)KarLJ1

..... a buddhist, jain or sikh,religious endowment is defined under section 2(23) and 'religious purpose' has bean defined under section 2(24).chapter ii deals with appointment of commissioner, deputy commissioner etc. an 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 ..... 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 .....

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Dec 29 2011 (HC)

Kothalanka Chandra Mouli Vs. the Government of Andhra Pradesh, and 3

Court : Andhra Pradesh

..... the a.p. charitable and hindu religious institutions & endowments act, 1987 (act 30 of 1987) has come into force w.e.f. 28.05.1987. prior to that the a.p. charitable and hindu religious institutions and endowments act 1966 (act 17 of 1966) was in force under which archakas, mirasidars and other office holders of temples were holding hereditary rights. by virtue of sub-section (1) of section 34 of act 30 of 1987 the ..... suit schedule temples was rejected. both the parties preferred appeals being a.s.no.9 of 1993 and a.s.no.12 of 1993 in the court of the subordinate judge, ramachandrapuram, and they were disposed of by common judgment dated 01.08.1996. during the pendency of o.s.no.469 of 1982, yerraiah tendered resignation on ..... writ petitioner preferred revision petition no.21 of 1999 before the regional joint commissioner of endowments, multizone-i, kakinada under section 92 of the a.p. charitable and hindu religious institutions and endowments act, 1987 (hereinafter referred to as 'act 30 of 1987'). the said revision petition was allowed by order dated 5.5.2001 holding that the writ petitioner was entitled to render archakatvam in view of ..... respondent no.4 so as enable him to render archakatvam in the temple. having accepted the writ petitioner's request, the assistant commissioner of endowments, by order dated 27.08.1997 directed the executive officer to allow the writ petitioner to function as archaka of the temple. the said order was challenged by the respondent no.4 by filing w .....

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Sep 09 2005 (HC)

B.M. Sukumar Shetty, Managing Trustee, Kollur Mookambika Temple and or ...

Court : Karnataka

Reported in : ILR2005KAR5241; 2005(5)KarLJ481

..... enacted the karnataka hindu religious institutions and charitable endowments act, 1997 by act 33 of 2001 and the karnataka hindu religious institutions and charitable endowments rules, 2002 which came into force with effect from 1-5-2003 (for short, 'the act'). the validity of this act and the rules made therein are called in question in these writ petitions and also to quash the notification issued by the respondents under section 23 of the act. in the alternative ..... thereto and the institutions run or managed by hindu religious denominations. for the purpose of application of act, the word 'hindu' does not include a buddhist, jain or sikh as defined under section 2(16) of the act.10. sections 3 to 8 in chapter ii of the act deals with the appointment and eligibility of authorities like commissioner, deputy commissioners, assistant commissioners and subordinate officers. section 8 of the act, deals with ..... delegation of power by state government to the commissioner. 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 .....

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Mar 26 2007 (HC)

Andal Raghavan Vs. Deputy Commissioner, Endowments Department

Court : Andhra Pradesh

Reported in : 2007(5)ALD661; 2007(4)ALT509

..... (1 supra), though not delegated legislation, still it is binding on the subordinate officers. under section 3 read with section 7 of the act, the commissioner of endowments is a body corporate sole and under section 8, the commissioner is entrusted with general superintendence and control of all hindu religious and charitable institutions. in the considered opinion of this court, 1997 circular does not in any manner contravene the provisions of the ..... orderv.v.s. rao, j.1. sri bala venkateswara swamy temple, tallamudunurupadu village of tadepalligudem of west godavari district (hereafter called, the subject temple) is the religious institution registered and classified under section 6(b) of a.p. charitable and hindu religious institutions and endowments act, 1987 (the act, for brevity). historically, it is about 200 years old temple established by sriman raghavacharyulu, and statedly temple is being managed by his successors ..... in the impugned notice with a view to eliminate the petitioner from chairing the board of trustees, which is contrary to the judgment of the supreme court in pannalal bansilal v. state of a.p. : [1996]1scr603 . it is further contended by the petitioner that at the behest of the local m.l.a., who proposed seven persons of his choice .....

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Mar 19 2008 (HC)

N. Ravindra Murthy S/O. Sri N. Rama Murthy Vs. Shri Veerabhadra Swamy ...

Court : Andhra Pradesh

Reported in : 2008(3)ALD372; 2008(3)ALT287; (2008)IIILLJ712AP

..... (hereafter, eos disciplinary rules) made under section 27(5) of act no. 17 of 1966 were holding the field. these are on the same lines of cca rules, applicable to state and subordinate services in the government. there were also andhra pradesh charitable and hindu religious institutions and endowments executive officers (conduct) rules, 1978 (hereafter, eos conduct rules) for eos. section 155 of the act deals with repeals and savings. as per ..... , insofar as endowments subordinate service is concerned, being the head of department, under rule 8 of the cca rules, commissioner has power to suspend a temple employee. reliance is placed on state of assam v. kanak chandra : (1968)illj288sc , surinder singh v. central government : [1986]3scr946 , p.v. srinivasa sastry v. comptroller and auditor general : (1993)illj824sc , g. ramana murthy v. government of andhra pradesh : 1997(4)alt769 ..... , a.b. srinivasan v. state of andhra pradesh : 1998(2)ald640 and kondapaka lakshmi narasimha charyulu .....

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Jul 18 2007 (HC)

S.V.K. Sreenivasa Raghavan Vs. T.T. Devasthanam Rep. by Its Executive ...

Court : Andhra Pradesh

Reported in : 2007(5)ALD832

..... subordinate, servant or office holder of ttd under act no. 17 of 1966, and that the order of removal ex. a.11 is not valid and binding on the plaintiff.6. by the time, the trial court delivered judgment on 07.06.1990, act no. 17 of 1966 was repealed by a.p. charitable and hindu religious institutions and endowments act, 1987 (act ..... no. 30 of 1987). but, the trial court appears to have ignored the effect of the amending act on the right in respect of which the remedy was sought in the suit. be that as it is, the first appellate court in its judgment, dated 09.07.1997 in a ..... a larger bench or privy council or federal court or supreme court, such a question cannot be treated as substantial question of law under section 100 of cpc;(v) where a point of law has not been pleaded, the same should not be allowed to be raised as substantial question of law in ..... . this time, however, the plaintiff was not lucky and the appeal of ttd being a.s. no. 87 of 1990 was allowed on 09.07.1997. this second appeal arises out of it. while the matter is pending in this court, the second appellant filed an application claiming 'vanthu' and seeking ..... of law has to be distinguished from a substantial question of fact.13. in this case, while admitting the second appeal on 29.10.1997, this court formulated the following substantial question of law which themselves can be dealt with as points for consideration in the second appeal. these .....

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Apr 30 1999 (HC)

K. Venkata Raju Vs. Govt. of A.P. Revenue (Endts.-i) Dept., Hyderabad ...

Court : Andhra Pradesh

Reported in : 1999(4)ALD291; 1999(4)ALT297

..... arise. when the petitioner was appointed, admittedly there were no rules governing the conduct of executive officers. the rules have been framed by the government under the powers vested in the government under section 107 of the a.p. charitable and hindu religious institutions and endowments act, 1966 (for short 'the act, 1966'). an employee will be governed in respect of his service conditions, by such rules ..... or the centra! government or to an institution by negligence or breach of orders, shall be the officer next above the immediate superior gazetted officer.'this rule makes it abundantly clear that an officer who is immediately superior to an executive officer has the power to award the punishment of suspension to an executive officer. when rule 5(1) of the disciplinary rules, 1977 vests ..... under the relevant rules and it has not been specifically indicated as the authority to suspend the petitioner. in support of his contention, the decision in the case of v.p. gindroniya v. state of mp., : (1970)iillj143sc is cited. the learned tribunal rightly held that this authority is not applicable to the facts of this case. what has been ..... the petitioner.2. however, the tribunal by its order dated 7-11-1997 dismissed the o.as. filed by the petitioner on the ground that rule 15 of apcs (cc&a;) rules, 1991, confers the power of suspension on the appointing authority to which it is subordinate including the government. it is contended that the tribunal has misconstrued these provisions .....

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