Judgment Search Results Home > Cases Phrase: the travancore cochin hindu religious institutions second amendment act 1990 1 Page 1 of about 2,935 results (0.566 seconds)

Satheesh Kumar M. Vs. Travancore Devaswom Board and ors.

Court : Kerala

Reported in : 2009(1)KLJ789

..... the devaswom board had framed rules for fixation of seniority and promotion as empowered under section 35 of the travancore cochin hindu religious institutions act, 1950 which was brought into force as per the gazette notification dated 25-12-1979. ..... the rules have been framed as empowered under section 35(2)(e) of the travancore cochin hindu religious institution act, 1950. ..... herein, the rules have been framed as provided under the travancore cochin hindu religions institutions act, 1950 under sub-section 2 of section 35. ..... however, where in a later act there is a mere reference to an earlier act, the modification, repeal or amendment of the statute that is referred, will also have an effect on the statute in which it is referred. ..... according to them, when the day following the last date of the examination is taken, they have acquired the test qualification prior to the petitioners, going by the amended rules 28(bbb) of ks & ssr.9. ..... in a case where a statute is incorporated, by reference, into a second statute, the repeal of the first statute by a third does not affect the second. ..... the 4th respondent was promoted as head clerk on 1-9-1987, junior superintendent on 1-10-1990 and asst. ..... devaswom commissioner on 8-8-1990 and 6-10-1995 respectively. .....

Guruvayar Devaswom Managing Committee Vs. Pritish Nandy and anr.

Court : Kerala

Reported in : 1987CriLJ192

..... ' the background of the litigation in which the ordinance by which the travancore-cochin hindu religious institutions act, 1950 had been amended is thereafter referred to. ..... an amendment was made to the travancore-cochin hindu religious institutions act, in 1985 under ordinance no. ..... as a result of the decision ultimately arrived at, the travancore-cochin hindu religious institutions act, 1950 was enacted. ..... his activities had come in, for copious comments, both in his capacity as a minister in charge of the portfolio of hindu religious institutions as also as the chief minister, at the helm of affairs of the administration of the state. ..... the chef minister of the state plays a pivotal role in region to the afmirs and administration of the religious institutions jn thf state. ..... a recent publication, made a charge about the politicisation of the religious institution. ..... ' and later in the same paragraph:soon the contours of a torried scandal took final shape as a probing press jerked the government to institute an investigation by the crime branch.the petitioner may feel that it is the article that is unnecessarily and unjustly scandalising the temple administration. ..... we shall not proceed to consider the second of the charges in respect of which consent of the advocate general has been given. ..... ' (see cabinet government by ivor jennings, second edition. .....

K. Krishnankutty, M.L.A. and ors. Vs. State of Kerala

Court : Kerala

Reported in : AIR1985Ker148

..... some of the hindu members of the kerala legislative assembly challenge 'the travancore cochin hindu religious institutions (amendment) ordinance, 1984' -- in short the ordinance -- under which every hindu member of the legislative assembly of this state who intends to participate in the election of one member to the travancore devaswom board is compelled to file a declaration signed by him 'to the effect that he believes in god and professes the hindu religion.'2. ..... the validity of the parent act of 1950 was itself challenged before a full bench of the travancore-cochin high court and the decision is reported in nambudripad v. c. d. ..... the act provides for the vesting of the administration of the devaswoms in devaswom boards, one for the travancore and another for the cochin areas and the provisions in respect of the two devaswoms are practically the same. ..... under section 3 of the act:'the administration of incorporated and unincorporated devaswoms and of hindu religious endowments and all their properties and funds as well as the funds constituted under the devaswom proclamation, 1097 m.e. ..... the travancore cochin hindu religious institutions act, 1950 (act xv of 1950) was enacted to make provision 'for the administration, supervision and control of incorporated and unincorporated devaswom and other hindu religious endowments and funds', of the travancore, cochin areas. .....

M.P. Gopalakrishnan Nair and anr. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR2005SC2053; 2005(3)CTC428; [2006(2)JCR76(SC)]; JT2005(4)SC436; 2005(2)KLT779(SC); (2005)11SCC45

..... menon, learned counsel appearing on behalf of the appellants would contend that the expression 'hindu' having not been defined either in the 1978 act or travancore cochin hindu religious institutions act must be construed in the light of the series of decisions rendered by the kerala high court as a person who believes in god and temple worship and professes hindu faith. ..... after the madras hindu religious and charitable endowments act, 1926 came into force, a scheme for administration of the temple and its properties was framed in terms whereof the zamorin raja was entrusted with the management of the temple under the supervision of the officers of the board. ..... the act was thereafter amended by act 12 of 1972, which again came to be challenged in o.p. no. ..... iyer would urge that the worshippers never enjoyed any right in the denomination to have a person in the management committee and in any event, the appellants herein have failed to establish that there had been a religious practice which had been existing as on the date of coming into force of the constitution, the writ petition was not maintainable.11. mr. ..... a bench of five judges of the kerala high court struck down the said amending act in krishnan v. ..... the first appellant herein is president, kerala kshethra samrak shina samithi and the second appellant herein is the general secretary, vishwa hindu parishad, kerala state. ..... state of kerala 1990 (1) klt 874.9. mr. t.l.v. .....

Sri Marthanda Varma (D) Th. Lr. . Vs. State of Kerala .

Court : Supreme Court of India

..... after referring to relevant articles of the covenant entered into between the ruler of the covenanting state of travancore and the central government which covenant is dealt with in extenso hereinafter, it was submitted:- acknowledging the terms contained in the covenant the government of the united state of travancore and cochin enacted act 15 of 1950, the travancore cochin hindu religious institutions act, 1950 (hereinafter referred to as act ) which was later acknowledged by the state of kerala, as evidenced by later amendments making specific provisions in relation to sree padmanabhaswamy temple and its administration. ..... , it has been held by majority of the judges that the said article is plainly a provision relating to covenants within the meaning of article 363 and a claim to enforce the rights, privileges and dignities under the covenants therefore, are barred by the first limb of article 363 and a claim to enforce the recognition of rights and privileges under article 362 are barred under the second limb of article 363 and that the jurisdiction of the courts however, is not excluded where the relief claimed is founded on a statutory ..... secondly, there is no power in the president of india, after the constitution (twenty sixth amendment) act, 1971 to grant any such recognition. .....

M. Muraleedharan Nair Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR1991Ker25

..... to remove doubt an ordinance called the travancore-cochin hindu religious institutions (amendment) ordinance, 1984 (72 of 1984) was promulgated by governor which came into force with effect from 10-10-1984. ..... the power of nomination given to the ruler of travancore was taken away and was given to the council of ministers by travancore-cochin hindu religious institutions (amendment) act 70 of 1974. ..... the correct rule 3 (b) is contained in the revised schedule ii annexed to the letter dated 28-6-1989 which reads as under:'3(b) any hindu member of the legislative assembly of the state of kerala may nominate a duly qualified person who is not subject to any disqualification for election as the member of the board by delivering to the chairman between the hours fixed by the chairman for the receipt of nomination papers, a nomination paper signed by the proposer and another hindu member of the legislative assembly of the state of kerala as seconder and stating the name of the person nominated. ..... filip tiago de gama of vedem vasco de gama, (1989) 4 jt 529 : (air 1990 sc 981)) and must subserve justice (see owners & parties interested in m. v. ..... 359 : (air 1990 sc 851) and sitaram sugar co. ..... 462 : (air 1990 sc 1277).9. ..... (1990) 1 j.t. ..... union of india, (1990) 1 j. t. .....

K. Ramraj Vs. Srivilliputhur Co-operative Spinning Mills Ltd.

Court : Chennai

Reported in : AIR1971Mad315

..... there can be no doubt about the actual decision as the board was constituted under the travancore-cochin hindu religious institutions act for administering and managing hindu religious institutions. ..... 21, it has been held that the cochin devaswom board constituted under the travancore-cochin hindu religious institutions act 1950. ..... several provision of the madras co-operative societies act give power to the registrar as defined in the act to approve by-laws and amendment to by-laws made by a society, so long as they are not contrary to the co-operative societies act or the rules framed there-under. ..... the learned judge has pointed out that regulations framed by statuary bodies like municipal councils or district boards in relation to matters like the building of houses or the erection of factories or the conduct of markets or slaughter houses would fall under the first category, while regulations framed by companies or co-operative societies for regulating their internal or domestic administration would fall under the second category. .....

State of Kerala Vs. K. Krishnankutty, M.L.A. and ors.

Court : Kerala

Reported in : AIR1985Ker144

..... considering all the aspects of the matter, it seems to me necessary to direct that the provisions of section 4 of the ordinance, 72 of 1984, substituting section 5 of the travancore cochin hindu religious institutions act, shallnot be given effect to in the conduct of the election of one member of the travancore devaswam board. ..... the provisions of section 5 of the travancore-cochin hindu religious institutions act, 1950, and stood the ground for the last 34 years. ..... the petitioners filed the original petitions challenging the constitutional validity of travancore cochin hindu religious institutions (amendment) ordinance, 72 of 1984 and sought stay of enforcement of the provisions of the said enactment in the election to the travancore devaswam board to be conducted on 28-11-1984. ..... held as follows :'in the present case, the argument is that a considerable membership of the denomination, including the petitioners, are being completely ignored in the matter of setting up the board of administration, of institutions of the denomination and therefore the restrictions imposed by section 5(2) of the act, as amended, forge fetters into the freedom enjoined by article 26 of the constitution. ..... by the order sought to be appealed against there has not been any adjudication by the learned single judge upon the merits of the second appeal. ..... the second appeal is still a live proceeding pending before this court and the points arising for determination therein are yet to be adjudicated upon. .....

CochIn Devaswom Board, Trichur Vs. Vamana Shetty and ors.

Court : Supreme Court of India

Reported in : AIR1966SC1980; [1966]3SCR724

..... 62 of the travancore-cochin hindu religious institutions act 15 of 1950) claimed to recover michavaram at the rates settled under the rules made in exercise of the power conferred by clause 9 of the proclamation of 1910. ..... two questions fall to be determined in these appeals : (1) whether the travancore-cochin kanam tenancy act 24 of 1955 governs lands held from devaswoms (religious institutions) in the cochin region of the state of kerala; and (2) whether the act infringes the guarantee of equal protection of the laws and is on that account void 2. ..... later the madras legislature passed the malabar tenancy act 14 of 1930 which was amended by acts 33 of 1951 and 7 of 1954. ..... the customary kanam-tenure in malabar region was governed by madras act 1 of 1887 which was amended by act 1 of 1900. ..... the notifications dated february 4, 1958, and july 1, 1958 issued by the kerala government in exercise of the powers conferred by clause 9 of the cochin proclamation amended the supplementary rules regulating the administration of lands belonging to sirkar devaswoms and thereby enabled tenants from whom paddy demand was due according to pattah to deliver the same in kind or pay the value of paddy calculated at the average nirak rate published by the government. .....

C. Murari Vs. C.N. Vasudevan

Court : Kerala

Reported in : AIR2000Ker108

..... in this context, the bench had noticed that the earlier provisions in section 73(3) providing that on expiration of his term of office, amember will continue to be in office until the vacancy caused by the expiration of his term of office is filled up, was deleted by section 5 of the travancore cochin hindu religious institutions (4th amendment) act, 1990, act 3 of 1991. ..... 'whether on the scheme of the travancore-cochin hindu religious institutions act, one alone of the three members elected or nominated to the cochin devaswom board could function or administer the institutions of the devaswom as the board or on behalf of the board and even if he could so function, what would be the extent of his power and what if any would be the restrictions or limitations on his power?'2. ..... after referring to the provisions of the travancore cochin hindu religious institutions act, which came into force on 16-4-1950 and in particular sections 62, 63, 66, 68, 69, 70, 71, 73(4) and 74, 76, 78 and also the bye-laws framed under section 78 of the act and considering the defence taken by the president that he by himself had no power or authority to appoint a devaswom commissioner-cum-secretary and hence he was not in a position to implement the directions of this court, entertained a doubt as to whether in the absence of two if its three members, the devaswom board can function and whether the president by himself can .....