DR. SUBRAMANIAN SWAMY v. STATE OF TAMIL NADU & Ors.
Case at a glance
- Decided
- 06 Jan 2014
- Bench
- B S CHAUHAN, S A BOBDE
Outcome
Allowed
Thus, the appeals are allowed
Provisions considered
- Madras Hindu Religious and Charitable Endowments Act, 1959 s. 107; art. 26
- Code of Civil Procedure, 1908 ss. 2(16), 2(18), 11, 122, 125; O. XLVLL r. 1
- Endowments Act, 1959
- Constitution of India arts. 25, 26, 26(a), 26(d), 32, 132, 141
- Madras Hindu Religious and Charitable Endowments Act, 1951
- Tamil Nadu Hindu Religious and B Charitable Endowments Act, 1959
- Madras Hindu Religious and Charitable Endowments Act, 1927
- Pradesh Charitable and Hindu Religious Institutions and G Endowments Act, 1987
- UC (Modification of Settlement) Act, 1976
- Consumer Protection Act, 2019 s. 2(n)
Judgment
Acharya Maharajshri Narendra Prasadji Anandprasadji Maharaj etc. etc. v. The State of Gujarat & Ors. 1975 (2) SCR 317 =AIR 1974 SC 2098; T.M.A. Pai Foundation & Ors. v. State of Karnataka & Ors., 2002 (3) Suppl. SCR 587 =AIR 2003 SC 355; and Nal/or Marthandam Veflalar & Ors. v. D Commissioner, Hindu Religious and Charitable Endowments & Ors., 2003 (1) Suppl. SCR 920 = AIR 2003 SC 4225 - relied on.
1.3. The right to maintain institutions would E necessarily include the right to administer them. Art. 26(d) of the Constitution protects the rights of 'religious denomination' to establish and administer the properties as clauses (c) and (d) guarantee a fundamental right to any religious denomination to own, acquire, establish and F maintain such properties. [para 11-12] [330-C-E-F]
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Thus, the appeals are allowed
Which statutory provisions did this judgment involve?
Madras Hindu Religious and Charitable Endowments Act, 1959 — s. 107; Madras Hindu Religious and Charitable Endowments Act, 1959 — art. 26; Code of Civil Procedure, 1908 — ss. 2(16), 2(18), 11, 122, 125; Endowments Act, 1959; Constitution of India — arts. 25, 26, 26(a), 26(d), 32, 132, 141; Madras Hindu Religious and Charitable Endowments Act, 1951.
Which court decided this case, and when?
Supreme Court of India, on 06 Jan 2014. The bench was B S CHAUHAN, S A BOBDE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
Another 32 relationships are under human verification and not counted above.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.
Later judgments that treat this case