Court : Karnataka Dharwad
..... and sessions judge, dharwad filed an application under the provisions of sections 3 and 7 of the charitable and religious trust act, 1920 (for short, the act ) read with go no.ekarop shashan-cr-72/2003-04 dated 04.06.2005 seeking declaration that the resolution no.2 dated 24.07.2012 passed in the meeting of the board of trustees/chairman held on 25.07.2012 for a period of five years from 25.07.2012 to 24.04.2017 as legal one and the board ..... the assistant charity commissioner held enquiry no.346/1996 and after recording the statement of the official of the trust passed orders on 10.05.1996, whereby the change report was accepted and necessary directions were issued to ..... though, the learned single judge allowed the writ petition in part, set aside the order passed by the district court holding the respondent as a trustee for five years and further modified the declaration that only the chairman is entitled to a life trustee and held that the chairman smt.laxmibai and the petitioner/the present respondent having been appointed prior to 29.04.1996 were entitled to hold office of a ..... by five judges) reported in (air2005kar377 considering the provisions of articles 226 and 227 of the constitution of india read with section 4 of the high court act, at paragraphs 5, 12 and 13 has held that section 4 of the high court act provides for an intra court appeal only against the order of the learned single judge passed in exercise of its original jurisdiction and against any order passed under .....
Tag this Judgment!Court : Karnataka Dharwad
..... remedy is impermissible, has been decided centuries ago vide heydon s case (1584) 76 er637 when asked, learned aag appearing for the official respondents tells us in all fairness that the said circulars are not relatable to any provision of 1997 act; he hastens to add that, although u/s 77, government can issue directions for removal of difficulties, no such direction has been issued, ..... of educational societies and - 11 - wa no.100006 of 2022 accordingly, the respondent-society came to be registered; admittedly, the trust on account of repeal of the 1950 act, could not have conducted any activity; in any event, there was no warrant for the trust nor power with the learned district judge for granting approval to the newly formed ..... act which reads an act to define and amend the law relating to private trusts and trustees ..... (1) save as hereinafter provided in this act, any trustee of an express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court, within the local limits ..... this act, any person having interest in any express or constructive trust created or existing for public purpose of a charitable or religious nature may apply by petition to the court within the local limits of whose jurisdiction any substantial part of the subject-matter of the trust is situate to obtain an - 20 - wa no.100006 of 2022 order embodying all or any of the following directions, namely: (1) directing the trustee ..... trustee .....
Tag this Judgment!Court : Karnataka Dharwad
..... , the words rajya dharmika parishat or zilla dharmika parishat as the case may be shall be substituted; and after the words, committee the words including a member or hereditary trustee shall be inserted; (4) sub-section (4) shall be omitted.in section 28 of the principal act, sub-section (5) shall be omitted.section 29: appointment of administrator the prescribed authority shall appoint an officer of the state government as administrator in place of the committee of management dissolved or suspended under sub-section (1) or (3) of section 28 or ..... - a) the minister in charge of endowments who shall be the chairman, ex officio; b) the commissioner, who shall be member secretary ex officio, and c) such number of non-official members not exceeding nine, nominated by the state government, from among the religious leaders drawn from various classes of hindu thought, both vedic and non-vedic, of whom atleast one each shall be ..... no objections are received within the time so specified or extended, the state government may, on receipt of a report from the commissioner to that effect, by a notification published in the official gazette declare such hindu religious institution to be subject to the provisions of this chapter. ..... 2) the term of office of the non-official members shall be three years, and other matters relating to the conduct of the affairs of the advisory committee shall be such as may be prescribed.section 20 of the principal act, the following shall be substituted, namely:- .....
Tag this Judgment!Court : Karnataka Dharwad
..... commissioner.5) where no objections are received within the time so specified or extended, the state government may, on receipt of a report from the commissioner to that effect, by a notification published in the official gazette declare such religious institution to be subject to the provisions of this chapter.6) where objections are received within the time so specified or extended, the commissioner may authorize any officer subordinate to him to ..... respect of notified be constituted according to the usage and practice prevailing therein: provided also that every committee of management or pancha committee or dharmadarshi non committee trustees hereditary constituted or appointed under the repealed acts who were lawfully holding office shall cease to hold such office from the date of commencement of the karnataka hindu religious and charitable endowment (second amendment ..... charge of endowments who shall be the chairman, ex officio; b) the commissioner, who shall be member secretary ex officio, and c) such number of non-official members not exceeding nine, nominated the state government, from among the religious leaders drawn from various classes of hindu thought, both vedic and non- vedic, of ..... each shall be from among the scheduled castes or the scheduled tribes and atleast two shall be women.2) the term of office of the non-official members shall be three years, and other matters relating to the conduct of the affairs the advisory committee shall be such as may be prescribed. .....
Tag this Judgment!Court : Karnataka Dharwad
..... pollution or water pollution or noise pollution on the highway: provided that such extent of reasonable pollution which the central government may, from time to time by notification in the official gazette, specify, shall be permissible under this clause; (iv) that such person shall not make or cause to be made any structure of such nature which cannot be removed easily ..... to in sub-section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the central government may, by notification in the official gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable ..... y t h i n g contained in section 7, the person referred to in sub-section (1) is entitled to collect and retain fees at such rate, for services or benefits rendered by him as the central government may, 9 by notification in the official gazette, specify having regard to the expenditure involved in building, maintenance, management and operation of the whole or part of such national highway, interest on the capital invested, reasonable return, the volume of traffic and the period of ..... under various chapters requires to be done by way of a notification published in the official gazette and that neither the provisions of section 8a(3) of the act of 1956 or the terms of the concession agreement enable the petitioner to promulgate any ..... 1913 .....
Tag this Judgment!Court : Karnataka Dharwad
..... gundawade appearing for the petitioner herein submits that petitioner is an official working in the capacity of sub-registrar, jamakhandi and under rule 73 of the karnataka registration rules, 1965, (the rules for short) it was no part of his duty to enquire into the validity of the document and since it ..... that public servants as holders of public power are in the nature of trustees of such power is an overworked phrase, nay, almost a clich . ..... purport of the above rule also makes it clear that a sub- registrar cannot act mechanically and like a classical postman in registering the documents and on the other hand, he should exercise all due diligence in terms of the above rules to satisfy himself about the right of a person to appear in any of these .....
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..... disciplinary authority is commissioner, khb and appellate authority is principal secretary, housing department under the karnataka housing board act, 1962 (hereinafter referred to as the khb act, 1962, for short) read with the karnataka housing board rules 1964 (hereinafter referred to as the khb ..... 13, be applicable for purposes of proceeding against government servants whose alleged misconduct has been investigated into by the lokayukta or an upalokayukta either under the provisions of the karnataka lokayukta act, 1984 or on a reference from government or where offences alleged against them punishable under the prevention of corruption act, 1947, or the prevention of corruption act, 1988 has been investigated by the karnataka lokayukta police before 21st day of december, 1992. ..... government permitting to initiate disciplinary proceedings and the recommendation of the upa-lokayukta and thereafter acting on such recommendation by the government and consequential order passed by the 17 commissioner ..... the learned aga for the state pointed out, under sub-section 6 of section 10 of the khb act, 1962, the commissioner, karnataka housing board is equated to that of a major head of the department of the ..... 12 schedule for officers and officials of the karnataka housing board authority which may impose penalty as per rule 8 of the karnataka civil services (classification, control and appeal) rules, 1957) class of posts authority ..... board of trustees for the port of kolkata and others reported .....
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..... . the notification dated 12.08.2008 passed by the government is illegal and contrary to article 25 and 26 of the constitution of india and the hindu religious and charitable endowments act, 1997 whereunder section 23 of the act, provides for notification of the temples under the act and insofar as the said act is not applicable to the hereditary functionaries and mutts and in view of the same, the government order dated 12.08.2008 was set aside by the division bench of this ..... . raghavan, learned senior counsel submits that the plaintiffs ought to have filed a suit for declaration to establish their pooja rights and without seeking declaratory reliefs as per section 41 of the specific relief act, have filed the suit for bare injunction which is not maintainable before the trial court and consequently, considering of ia.i filed by plaintiffs does not arise and the said aspect of the matter was not ..... sanctum-sanctorum (garbhagudi) or through hastakas duly appointed during their turn and to restrain other defendants from obstructing in their turn of performance of upadhi rites and as such, the civil court has granted injunction in favour of the trustees of the temple to vacate intruders from garbhagudi of the temple ..... . official liquidator of mahendra petrochemicals limited (in liquidation) and others reported in (2018)10 scc707and submitted that the litigant cannot take different stands at different times and also taking any contradictory stand in the proceedings should be deprecated .....
Tag this Judgment!Court : Karnataka Dharwad
..... . the notification dated 12.08.2008 passed by the government is illegal and contrary to article 25 and 26 of the constitution of india and the hindu religious and charitable endowments act, 1997 whereunder section 23 of the act, provides for notification of the temples under the act and insofar as the said act is not applicable to the hereditary functionaries and mutts and in view of the same, the government order dated 12.08.2008 was set aside by the division bench of this ..... . raghavan, learned senior counsel submits that the plaintiffs ought to have filed a suit for declaration to establish their pooja rights and without seeking declaratory reliefs as per section 41 of the specific relief act, have filed the suit for bare injunction which is not maintainable before the trial court and consequently, considering of ia.i filed by plaintiffs does not arise and the said aspect of the matter was not ..... sanctum-sanctorum (garbhagudi) or through hastakas duly appointed during their turn and to restrain other defendants from obstructing in their turn of performance of upadhi rites and as such, the civil court has granted injunction in favour of the trustees of the temple to vacate intruders from garbhagudi of the temple ..... . official liquidator of mahendra petrochemicals limited (in liquidation) and others reported in (2018)10 scc707and submitted that the litigant cannot take different stands at different times and also taking any contradictory stand in the proceedings should be deprecated .....
Tag this Judgment!Court : Karnataka Dharwad
..... the age of victim is 17 36 or 20 years and his annual income is rs.40,000/-, his heirs/legal representatives is to receive a sum of rs.7,60,000/-, however, if an application for grant of compensation is filed in terms of section 166 of the 1988 act that much amount may not be paid, although in the former case the amount of compensation is to be determined on the basis of no fault liability and in the later on fault liability . ..... appellant shall be deemed to be liable to pay compensation applying the principle of vicarious liability because the accident took place when the act authorised was being performed in a mode which may not be proper but was directly connected with in the course of employment, sub-section (1) of section 96 of the act shall come into play and the insurance company shall be deemed to be the judgment debtor, so far claim made by the ..... environment from which these children were brought, their parents being reasonably well placed officials of the tata iron and steel company, and on considering the submission of ..... i) in the applications for compensation made under section 166 of the 1988 act in death cases where the age of the deceased is 15 years and above, the claims tribunals shall select the multiplier as indicated in column (4) of the table prepared in sarla verma, 2009 acj1298read with ..... we may also state that without the knowledge of the insured, if by driver's acts or omission others meddle with the vehicle and cause an 26 accident, the insurer would be ..... 1913 .....
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