Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... madras act of 1951, particularly section 76(1) thereof, is a piece of hostile legislation of the kind that would involve the violation of article 14. facts in regard there to may have to be explored, if and when occasion arises'.(emphasis supplied)8. seventeen years after the above observation of supreme court the government of karnataka enacted the karnataka hindu religious institutions and charitable endowments act, 1997 by act 33 ..... 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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2008(3)ALD372; 2008(3)ALT287; (2008)IIILLJ712AP
..... (5)(d) of a.p. charitable and hindu religious institutions and endowments act, 1987, are to be treated as executive officers for the purpose of section 29(2) read with section 29(3) and 29(6) of the act? (2) whether temple employees authorized to discharge duties, functions and powers of eo, are under disciplinary control of commissioner of endowments by reason of the powers under sections 8, 39 and 29(5)(d) of ..... the act?principles of interpretation25. interpretation of provisions in primary legislation (act) and secondary legislation (delegated legislation) has to ..... 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 : 3scr946 , p.v. srinivasa sastry v. comptroller and auditor general : (1993)illj824sc , g. ramana murthy v. government of andhra pradesh : 1997 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(5)ALD661; 2007(4)ALT509
..... pannalal bansilal (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 ..... hereditary trustee for being appointed as a trustee is a statutory right enforceable only in accordance with the act and the rules. the rules were promulgated by the government in exercise of their powers under section 153 read with section 17(3) of the act, which as noticed above, lays down that the procedure for calling for applications for appointment of trustees, ..... made by the government under the act. the proviso to sub-section (1) of section 17 of the act is to the effect that founder or member of the founder's family shall be appointed as one of the trustees as prescribed. be it noted when once in exercise of the rule making power the government makes delegated legislation the same forms part ..... right for appointment. the antecedents of all the applicants got to be verified by the subordinate officers and the verification report has a bearing on the exercise of the power by the competent authority. therefore unless and until the application is made by the person claiming to be founder or member of the founder's family giving all the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(5)ALD544; 2000(5)ALT366
..... upholding the constitutional validity of section 16 of the a.p. charitable and hindu religious institutions and endowments act 30 of 1987. it is further contended that assistant commissioner's order dated 5-6-1997 if at all could be revised by the commissioner in purported exercise of the power under section 92 of the act is subject to limitation envisaged under section 92(3) of the act. the impugned notice proposing to ..... -1989, under which the revisional power of the commissioner, endowments are delegated to the regional joint commissioner is also not under challenge. 10. it would be relevant to briefly notice the relevant provisions for the purpose of deciding the issue that arises for consideration in this writ petition. 11. the a.p. charitable and hindu religious institutions and endowments act, 1987 (for short 'the act') itself is enacted as is ..... the duty upon the commissioner to prepare and publish the list of charitable and religious institutions and endowments on the basis of income. section 8 of the act deals with the power and functions of the commissioner and additional commissioner. this is an important provision. it says that the administration of all charitable and hindu religious institutions and endowments shall be under the general superintendence and control of the commissioner and such superintendence .....Tag this Judgment!
Court : Chennai
..... the above contention, the plaintiff would claim that the temple is not a religious institution as defined under sub-section 18 of section 6 of the hindu religious and charitable endowment act. therefore, the defendants namely, commissioner hr and ce, hindu religious charitable endowment administration department, cannot have any say in the matters of management of the temple in question. 8. in the suit the plaintiff sought for declaration that the plaintiff society and ..... . 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 ..... as evidence either before the authorities or before the trial court. section 110 of the hindu religious and charitable endowment act lays down the procedure for inquiries and prescribes the powers of officers, who are authorised under chapters 5 and 6 of the said act. the enquiry under section 63(a) falls under chapter 5 of the said act. section 110 prescribes that the inquiry shall be made in accordance with .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... 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 ..... p.a. holder of pushpagiri mutt was examined as dw-1 and exs.b-1 to b-8 were marked. ex.b-1 is the office copy of the letter addressed to the commissioner, endowments department, hyderabad dated 13.1.1983 intimating about the sale held on 10.1.1983. ex.b ..... a decree for specific performance, allowed the appeal decreeing the suit, without costs. aggrieved 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 ..... is going to sell the suit land to the plaintiff. the defendant also did not agree to receive the balance of consideration of rs. 8,500/- and execute a sale deed. so there is no breach of alleged contract of agreement on the part of this defendant as adverted to ..... 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 agreement but the defendant has been postponing the same on .....Tag this Judgment!
Court : Karnataka
..... in writ petition no. 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 and ors. v state of karnataka 2007(1 ..... allowed.5. in the meanwhile 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 dargah challenged the above mentioned ..... judgment dated 29-2-1980 passed in the suit, the district judge declared that the suit property cannot be wakf property and that the board of wakfs has no power to manage the property. the judgment of the district judge was confirmed by the high court in judgment dated 7-1-1991 passed in r.f.a. no. ..... law and order, and interposition of courts - unless a concrete case of abuse or exercise of such sweeping powers for extraneous considerations by the authority concerned or that such authority was shown to act at the behest of those in power, and interference as a matter of course and as though adjudicating an appeal, will defeat the very purpose of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1970SC181; (1969)1SCC844; 1SCR103
..... 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 taking ..... the affairs of the math. the challenge in the courts was confined to the constitutional validity of the repealed act. b.k. mukherjea ..... the writ petition which had been filed by the petitioner was allowed by the high court on november 8, 1966. the matter ultimately came up in appeal to this court, the judgment being reported in secretary, home (endowments), andhra pradesh v. digyadarsam rajindra ram dasjee  3 s.c.e.891 the judgment of ..... 1954]1scr1005 in which the constitutionality of various provisions of the repealed act was challenged. that case related to the shirur math which was one of the 8 maths situate at udipi in the district of south kanara. the hindu religious endowments board functioning under the madras hindu religious endowments act 1927 had taken action to frame a scheme for the administration of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(3)ALD704; 2000(3)ALT645
..... , : 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 tender-cum-public auction in the prescribed manner subject to the confirmation by the ..... whose offer has been accepted by the government, field wp no.15332 of 1998 for implementation of the said order of the government. the last writ petition was filed on 8-6-1998. even before that date the government issued orders in g.o.rt.no.633 revenue (endts.ii), dated 24-4-1998 cancelling g.o. rt. no. 1224 dated ..... mistake, whether of fact or of law or in ignorance of any material fact. the power of review conferred by this section is thus available only within 90 days of passing the original order. in the instant case g.o.rt.no.1224 is dated 14-7-1997 whereas the cancellation order in g.o.rt.no.633 is dated 24-4-1998 ..... as this court, neither the principle of promissory estoppel nor doctrine of legitimate expectation is available to the petitioner. i do not, therefore, find any substance in the above contention.8. for the foregoing reasons, all the three writ petitions are dismissed but without costs. .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1973AP264
..... if the proceedings had been instituted under the act.8. section 110 then declares certain enactments to cease to apply to charitable and religious institutions. in so far as it is relevant it reads:'110 certain enactments to cease to apply to charitable and religious institutions: the enactments mentioned below shall cease to apply to charitable institutions and hindu religious institutions and the endowments thereof to which this act applies; and section 8 of the andhra pradesh general clauses ..... of vacancies in the office of hereditary trustees.23. sections 21 and 22 relate to the power and duties of the trustees. section 23 concerns itself with fixation of dittam. section 24 relates to the power of trustees over trustee of specific endowments. section 25 declares that acts of trustees would not be invalid because of informality or vacancy etc. section 26 pertains to suspension, removal or dismissal of ..... by the counsel for the appellants merely follow the earlier decisions. they need not therefore be considered separately.50. section 92 civil p.c. is intended to 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 .....Tag this Judgment!