Judgment Search Results Home > Cases Phrase: hindu religious institutions and charitable endowments act 1997 chapter viii declared institutions Page 1 of about 1,232 results (0.256 seconds)

Maha Ganapati Shankara Devasthana, Sirsi and Others Vs. State of Karna ...

Court : Karnataka Dharwad

..... are the provisions of the act, which came in for direct consideration by the division bench of this court in shri sahasra lingeshwara case, in holding the same to be unconstitutional, as found in their unamended form and as amended by the 2011 and 2012 amendments, in column 1, 2 and 3, respectively, in a tabular form: section as under the karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001)section as amended vide act no. ..... where the commissioner has reason to believe that a hindu religious institution whether or not governed by a settled scheme is being mismanaged and he is satisfied that in the interest of its administration, it is necessary to take proceedings under this chapter, he may, by notice published in the prescribed manner, call upon the manager and all other persons having interest, to show cause why such institution should not be declared to be subject to the provisions of this chapter.2) such notice shall state the reasons for the action ..... section 42: declared institutions:- the state government may, where it is satisfied on a report of the commissioner under section 43 or otherwise that any hindu religious institution, whether or not governed by a settled scheme, is being mismanaged, declare such institution to be subject to the regulation of this chapter.provided no such declaration shall be made without following the ..... institutions are referred in chapter vii and declared institutions are suggested in chapter viii .....

Mahaganapati Shankara Devasthana Vs. State of Karnataka

Court : Karnataka Dharwad

..... are the provisions of the act, which came in for direct consideration by the division bench of this court in shri sahasra lingeshwara case, in holding the same to be unconstitutional, as found in their unamended form and as amended by the 2011 and 2012 amendments, in column 1,2 and 3, respectively, in a tabular form: as under the section karnataka hindu religious institutions and charitable endowments act, 1997 (karnataka act 33 of 2001) section 1(4) : it shall not apply (i) to a mutt or a temple attached, thereto; (ii) to any hindu religious institution charitable endowment founded, organized run or managed by hindu religious denomination. ..... 43: notice to show cause:- the commissioner has reason to believe that a hindu religious institution whether or not governed by a settled scheme is being mismanaged and he is satisfied that in the interest of its is necessary to take proceedings under this chapter, he may, by notice the prescribed manner, call upon the manager and all other to persons having show such institution should not be declared to be subject to the provisions of this chapter.2) such notice shall state the action reasons proposed a reasonable time, not being ..... section 53 and chapter viii shall apply to all institutions or religious charitable endowments other than those notified under section 23: provided that it shall not apply to a math or temple attached to or managed ..... institutions are referred in chapter vii and declared institutions are suggested in chapter viii .....

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

Court : Andhra Pradesh

Reported in : 2007(5)ALD832

..... and to effectuate proper and efficient management and governance of charitable and hindu religious institutions and endowments, the act ..... chapter iii introduced in sections 15, 17, 18 and 19 as a composite scheme prescribing disqualifications and qualifications for trusteeship, procedure for appointment of trustees and appointment and constitution of the board of trustees so as to have collective, proper and efficient administration and governance of the institution and endowment ..... and ..... and adopting any other ..... and ..... and meaningful as also legally and factually in accord with the current realities, the court can, and in many cases must, take cautious cognizance of events and developments subsequent to the ..... declared ..... act shall-(a) affect any honour to which any person is entitled by custom, the performance of or interference with the religious worship, ceremonies and poojas in religious institutions according to the sampradayams and agams followed in such institutions; or(b) authorize any interference with the religious or spiritual functions of the head of a math including those relating to the imparting of religious ..... endowments commission (endowment commission, for brevity) under the chairmanship of justice challa kondaiah, retired chief justice of this court, to review the system of management of properties of hindu religious and charitable institutions, the hereditary system of archakas and other office holders and mirasidars and other related aspects of endowments ..... 1997 .....

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

Court : Karnataka

Reported in : 2007(1)KarLJ1

..... 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. ..... chapter ii and iii applies to maths and other institution of a similar nature.the madras hindu religious and charitable endowments act, 1951 would define the term 'math' in terms of section 2(10) of the act ..... declared institutions are found in chapter viii ..... committee is constituted in terms of chapter v.notifying institutions are referred in chapter vii and declared institutions are suggested in chapter viii.powers of the commissioner are shown in chapter ix.46. ..... 'hindu' has been defined as 'not to include 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 ..... are advanced with regard to declared institution.article 25 provides for freedom of conscience and free profession, practice and propagation of religion.article 26 deals with freedom to manage religious affairs.48. ..... raghavendra rao, learned senior counsel says that sections 9 to 16 occurring in chapter in of the act and the corresponding rules 5 to 16 in relation to the archaks and temple servants ignoring the rights of hereditary archaks and hereditary office-holders and dislodging the same and ignoring the hereditary rights would be in violation of the provisions of the constitution .....

Sri Samsthana Mahabaleshwara Devaru Vs. Secretary

Court : Karnataka

..... the karnataka hindu religious institutions and charitable endowments act, 1997 (hereinafter referred to as the act for the sake of brevity), received assent of the president of india on 25/10/2001 and was enforced in the state from 01/05/2003. ..... chapter ii of the act deals with appointment of commissioner for hindu religious institutions and charitable endowments for the state of karnataka as well as deputy commissioner for the aforesaid institutions. ..... further, he submitted that if there was any mismanagement of the temple, the state government on being satisfied on a report of the commissioner, endowments could have declared such institution to be subject to the regulation under chapter viii of the act by notifying it as a declared institution under section 42 of the act and then the administration of the temple would have vested in the state government to be regulated in the manner provided under the act. ..... he submitted that if the state government was satisfied that there was mismanagement in the temple, then chapter viii of the act could have been enforced and the - 69 - temple could have been declared as a declared institution under section 42 of the act and the effect of such a declaration as envisaged under section 44 of the act could have been enforced and the administration of the temple could have vested in the state government to be regulated in accordance with the act.50. ..... chapter viii of the act deals with budget of notified institutions, audit etc. .....

Vinjamuri Rajagopala Chary and Others Vs. Principal Secretary, Revenue ...

Court : Andhra Pradesh

..... , gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so; (d) agricultural or urban lands declared as surplus under the andhra pradesh land reforms (ceiling on agricultural holdings) act, 1973 or the urban land (ceiling and regulation) act, 1976; (f) any documents or class of documents pertaining to the properties the state ..... chapter-viii of the rules deals with registration and examination of documents. ..... 16.4 rule 21 to rule 26 in chapter-viii and rule 58 of andhra pradesh rules under the registration act, 1908 (for short the rules') may be relevant for our purpose. ..... (3) where any such application relates to the right claimed by the applicant in respect of such entry or omission, the endowment tribunal shall enquire into and decide the question as if it were a dispute within the meaning of section 87 and the provisions of chapter xii shall apply. ..... , contained in chapter-xvii of the act which would have enabled the appellate or revisional authority to decide upon question in relation to which an order under this section is passed. .....

Madurai Saurashtra Sabha Rep. by Its Honorary Secretary R.V. Seshachar ...

Court : Chennai

Reported in : 2007(2)CTC11

..... the very same petitioner sabha instituted a suit for declaration that the temple in question is not a temple as defined in the madras hindu religious and charitable endowments (act 22 of 1959) and to set aside the order of the commissioner, hr&ce; department, dated ..... may be that the authorities functioning under the hindu religious and charitable endowments act have a right to audit through their officers and also demand audit fees; but it is a matter for them to deeply consider if they have such powers, whether such an audit involving expenses to the institution is at all necessary and whether it is going to serve any further or additional purpose besides the audit under the provisions of the indian companies act. ..... that being so, the authorities functioning under the hindu religious and charitable endowments act (hr&ce; act) raised a dispute with regard to the character of the temple, claiming that it is a 'public ..... conclusion of the division bench is relevant,before parting with this case, it is necessary to make some observations touching the discretion and the caution to be exercised by the commissioner and the authorities while exercising control and supervision over the suit temple under the provisions of the hindu religious and charitable endowments act. ..... the above averments, the petitioner sabha prayed for quashing of the notice dated 13.09.1993 and to forbear the respondents from interfering with the affairs of the sabha by applying chapter viii and ix of the act.4. .....

P. Srinivasa Reddy and anr. Vs. Assistant Commissioner, Endowments Dep ...

Court : Andhra Pradesh

Reported in : 2005(2)ALT554

..... charitable and hindu religious institutions and endowments act, 1987 defines the expression 'encroacher 1 as under:explanation:- for the purpose of this chapter the expression 'encroachers 1 shall mean any person who unauthorisedly occupy any land or building or space and deemed to include any person who is in occupation of the land or building or space without the approval of the competent authority sanctioning lease or mortgage, or licence and also a person who continues to remain in the land or building or space after the expiry or termination or cancellation of the lease ..... the learned counsel for the petitioners vehemently contended that the petitioners who were declared as the highest bidders in the public auction and who have already paid part of the lease amounts as per the conditions of lease and raised the crops in the land in question cannot be deprived of their legitimate rights merely on the ground that the departmental officer was not present in the public auction. .....

Sri Sabhanayagar Temple Represented by Its Secretary, Podhu Dheekshadh ...

Court : Chennai

Reported in : (2009)8MLJ1503

..... single judge indicated to the writ petitioner/appellant to challenge the correctness of the order appointing the executive officer by way of revision under section 114 of hindu religious and charitable endowments act, the same was opposed by the petitioner/appellant herein by objecting that more than 10 years had been lapsed, and therefore, going back before the revisional authority would not serve their purpose. ..... new act, the government published the notification declaring the institution to be subject to the provision of chapter vi of the act.15 ..... chit system for archanas was not introduced;(vi) that the vacant sites of the temple were not leased out properly;(vii) that the electrical lighting arrangements in the temple were insufficient;(viii) that the drains around the temple and inside the shrines were not kept in a sanitary condition;(ix) that the d.c.b was not maintained and so on which are enumerated seriatum in the annexure to the board's order dated 21.3.1951.16. ..... of the division bench will not hold good in the light of the decision of the supreme court in dargah committee's case : air 1961 sc 1402, adi visheshwara of kasi vishwanath temple : 1997 (4) scc 606, and sri jaganath temple puri management committee v. ..... filed in the year 1987 challenging the appointment of executive officer was taken up in 1997, after 10 years, and during this interregnum period, in view of the stay granted, the podhu dikshidars were in full enjoyment of the temple management and administration. .....

V. Ramakrishna and anr. Vs. State of Karnataka and ors.

Court : Karnataka

Reported in : 2003(5)KarLJ417

..... a perusal of the records reveals that admittedly the karnataka hindu religious institutions and charitable endowments act, 1997 came into force from 1-5-2003 and section 78 thereof is the repeal and savings clause. ..... by the said section three acts were saved and seven other acts including the mysore religious and charitable institutions act, 1927 (mysore act vii of 1927) were repealed with a proviso that section 6 of the karnataka general clauses act, 1899 (karnataka act iii of 1899) shall be applicable in respect of the repeal of the said enactment and sections 8 and 24 of the said act shall be applicable as if the said enactments are repealed and re-enacted by this act.10. ..... the government by notification dated 30-4-2003 declared that the provisions of the hindu religious institutions and charitable endowments act shall come into force with effect from 1-5-2003. ..... (e).........and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if the repealing act had not been passed'.section 8 of the karnataka general clauses act, deals with the construction of references to repealed enactments. ..... so also, merely on the basis of some averments that in the committee of dharmadarshis five persons are from the same family and on account of irregularities there is a disqualification, the earlier order cannot be set aside without affording any opportunity to parties to be affected.13. .....