following
judgments:
a) 2019 AIAR (Civil) 906 (Ganapathi Dev
Temple Trust Vs.Balakrishna Bhat)
b) AIR 2007 SC 3162 (A.A.Gopalakrishnan
Vs.Cochin Devaswom ... remand.
18. The Supreme Court in the case of
Ganapathi Dev Temple Trust (supra) has held that
Arachaka, Manager or Trustee of a Hindu Temple
trust deed in terms of which the trust is to be managed, recorded a prima facie opinion that trust is a public trust. The trial ... trust that the trust has been created for the benefit of the public. The trust deed stipulates that the proceeds of property of the trust
temple and the Trust is the public charitable Trust, Section 34 of the Trust Act
could not be applicable. Further, Temple property can be sold ... Trust is
only a public and charitable Trust, and it is not a private Trust. Therefore,
Section 34 of the Trust Act is not applicable
Bahucharaji
Mataji Temple Trust (hereinafter referred to as 'the Trust').
3. It is not in dispute that the Trust manages the administration ... Trust, the Trust has
decided to curtail its activities and, therefore, the excess staff have been
retrenched. Though the Trust is not an industry within
Krishna Swami temple and
its assets belonged to certain Namboodiri families who are
the Ooralans of the temple. They formed a trust called
Thiruvambadi Sree ... Edappally. Eversince the
formation of the trust, it is claimed that the trust has been
managing the temple.
4. A body registered under
Mathurai, being the hereditary, trustee in management of Nevaneetha Krishnaswami temple at Veera-Keralampudur and in such capacity entrusted with G. P. note ... favour of the Navaneetha Krishnaswami temple at Veerakeralampudur, that there has been no declaration of the Trust in favour of the temple, that therefore
management and
administration of the Temple, and therefore, the said Temple
should not be considered as a government-administered temple.
3.2. Learned counsel also submitted ... Commissioner as regards the
said Temple are not exercisable.
3.3. Learned counsel further submitted that the temple or trust
is not receiving any grants
Most of the famous and ancient temples are in the grip of legal battle, restraining the temple trust, its Shebait and the Committee to manage ... routine manner appoint Receiver and continue the management of the temple/trust through such appointments. Every endeavour should be there to get the dispute decided
property of the trust which was gifted to the trust by Late Baba Pranpat son fo Asharfilal Goswami through a trust deed executed ... land of trust by breaching the conditions of the trust dated 16.04.1960 and as such to save the property of the trust, daughter of Kamlapat
11261/2020
BETWEEN:
SRI JALADIGERE CHIKKAMMA AND
DODDAMMA TEMPLE TRUST
WHICH HAS BEEN INCORPORATED
UNDER THE TRUST ACT,
JALADIGERE VILLAGE
YEDIUR HOBLI, KUNIGAL TALUK
TUMKUR ... TAKE THE ENTIRE ADMINISTRATION OF
PETITIONER TEMPLE OR ACT AS A RECEIVER TO THE
PETITIONER TEMPLE TRUST VIDE REPRESENTATION DATED
06.06.2023 AT ANNEXURE
