Court : Karnataka
..... ) that the appellant being a temple as defined in clause (27) of section 2 of the karnataka hindu religious institutions and charitable endowments act, 1997, does not answer the description of commercial establishment within the meaning of clause (e) of section 2 of the karnataka shops and commercial establishments act, 1961 and hence, the payment of gratuity act, 1972 is inapplicable to it by virtue of clause wa no.1756/2015 ..... or used as of right by the hindu community or any section thereof as a place of public religious worship and includes a mandira, samadhi, brindavana, gadduge, shrine, sub- shrine, utsav mantapa, tank, paduka- peetha, daivasthana, gudi, garodi or other necessary appurtenances, structures and land.13. section 9 of the act of 1997 deals with the appointment of archakas and temple servants. section 10 and 10a prescribe qualifications and disqualification ..... of archakas, while section 11 speaks about archakas to be on the committee of management. the emoluments and service conditions of archakas are prescribed in section 12. the same reads as under:12. emoluments and service conditions .....Tag this Judgment!
Court : Kerala
Reported in : AIR1999Ker93
..... . p. chidambaram then relied on a.s. narayana deekshitulu v. stale of a.p., (1996) 9 scc 548: (air 1997 sc 3702) (archakas' case). in the above case, the constitutionality of sections 34,35,37,39 and 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary karnam of dwarka thirumalai temple ..... secular state power to decide as to who should he appointed as archaka, mirasidar etc. destroying the existing customs, usage and tradition which are integral part of their religion. counsel for the state contended that the act made a clear distinction between matters of religion and religious practices and secular activities of a religious institution or endowments. the act seeks to regulate only the administration and maintenance of ..... 81 : (air 1983 sc 1268). in the case, to find a perennial solution to the problem of violent clashes between shias and sunnis of mohalla dos varanasi, the supreme court appointed a committee of seven persons consisting of three nominees of shias and three nominees of sunnis and the divisional commission as the chairman. the chairman, despite the opposition the sunnis .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR5241; 2005(5)KarLJ481
..... writ petitions are hereby dismissed;(ii) i hold that the karnataka hindu religious institutions and charitable endowments act, 1997 and the karnataka hindu religious institutions and charitable endowments rules, 2002, as valid and constitutional;(iii) liberty is reserved to the petitioners who are aggrieved by their inclusion in the notifications issued under section 23 of the act, to approach the authorities under the act, if they are so advised. if such written complaints are filed ..... , 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 has to contribute five per cent of its gross ..... 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 .....Tag this Judgment!
Court : Karnataka Dharwad
..... erstwhile bombay trusts act, 1950, which was repeated by the hindu religious institutions and charitable endowments act 1997 (hereafter referred to as act no. 33 of 2001',). the prayers in the three writ petitions are identical. insofar as the writ petition is wp 65539 of 2011 is concerned, the additional prayer is for quashing of the order passed by the commissioner, hindu religious institutions and charitable endowments on 4.7.2012 appointing an administrator in ..... archaka, or a servant attached to or a person in receipt of any emolument or perquisite from such institution; or (viii) if he is addicted to intoxication, liquor or drugs; or (ix) if he is not a hindu; or having been a hindu has converted to any other religion. (6) if a member of the committee is, or becomes subject to any disqualification under sub-section ..... whichever is earlier. 9) where a new committee is formed to the satisfaction of the state government, the state government may on its own or on the report of the commissioner direct the executive officer appointed for the institution to handover the management of the institution to the new committee of management. section 44: effect of declaration: where any hindu religious institution is declared under section 42, the committee .....Tag this Judgment!
Court : Andhra Pradesh
..... position: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 hereditary ..... of 1982, particularly the fact that against the judgment in the said suit, yerraiah himself preferred the appeal i.e., a.s.no.9 of 1993 and that the respondent no.4 who claims to have been appointed as archaka during the pendency of the suit on 15.09.1984 did not choose to come on record, the learned single judge disbelieved the ..... order dated 30.03.1998 this court allowed the said writ petition and directed the assistant commissioner of endowments to reconsider the matter ..... 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.p.no.2075 of 1998. by .....Tag this Judgment!
Court : Karnataka
Reported in : 2007(1)KarLJ1
..... each one of the cases. the state government in terms of the powers conferred on then has chosen to enact a law by name the karnataka hindu religious institutions and charitable endowments act, 1997 and the rules framed thereunder. the said act in terms of the statement of objects and reasons was enacted in the light of a longstanding public demand to bring about a uniform law to ..... 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 ..... 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 .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(5)ALD832
..... , which was again repealed by hindu religious and charitable endowments act, 1951. provisions in chapter ix of 1951 act (sections 80 to 85) dealt with ttd. under this act, a whole time bureaucrat designated as executive officer was appointed giving policy making power to a board of trustees. after formation of a.p., so as to consolidate the law relating to administration and governance of charitable and religious institutions act, 17 of 1966 was ..... 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.s. no. 87 ..... founders or their legal heirs, hereditary archakas or hereditary trustees (or their legal heirs) have been given limited rights, of course again subject to the provisions of the act no. 30 of 1987 and/or the rules made thereunder. therefore, if the petitioner is able to succeed in his contention that ex. a.11, dated 17.02.1997, terminating the petitioner is illegal .....Tag this Judgment!
Court : Chennai
..... public temple and is an religious institution within the meaning of sub section 18 of section 6 of the tamil nadu hindu religious and charitable endowment act. on the above materials the defendant had come to the conclusion that the temple is a public temple and a religious institution falling within the purview of the tamil nadu hindu religious charitable endowment administration department and the department has got every right to appoint non-hereditary trustees. on ..... in the tamil nadu hindu religious and charitable endowment act 1959, and the prayer for setting aside the orders of commissioner in a.p.no.32 of 2001 dated 28.4.2009 confirming the order of the joint commissioner made in o.a.no.8 of 1987 dated 25th april 2001 was also made. 9. the defendant in the suit namely, commissioner hindu religious and charitable endowment department resisted the ..... suit contending that the temple in question is a religious institution. the temple being situated in a busy locality in chennai and the same having been constructed according to the agama .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2003AP379; 2003(4)ALD267; 2003(4)ALT348
..... 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 ..... it is not in dispute that the suit land was put to sale by public auction on 10.1.1983 at 9 a.m., at krishnapuram village the g.p.a. holder after obtaining permission of the deputy commissioner, hindu religious institutions and endowments board, kurnool. it is also not in dispute that apart from the plaintiff, eight other persons participated in the said ..... , kurnool. it was also pleaded that the said g.p.a, holder of the defendant mutt along with assistant commissioner of endowments. anantapur and deputy commissioner of endowments, kurnool held public auction on 10.1.1983 at 9 a.m. according to the conditions of public auction published by them in the said public auction. it was farther pleaded that the plaintiff ..... erred in reversing the well considered judgment of the trial court in this regard and hence the judgment and decree of the appellate court are liable to be set aside.9. per contra sri o. manohar reddy, the learned counsel representing the respondent in the second appeal, the plaintiff in the suit, with all vehemence had contended that the .....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) kar. l ..... usages are 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 notification ..... .j. 1 (db) : ilr 2006 kar. 4386 (db) and connected cases. consequently, the notification dated 30-4-2003 issued under the karnataka hindu religious institutions and charitable endowments act, 1997 including shree guru dattathreya bababudan .....Tag this Judgment!