✦ Supreme Court of India · 06 Jan 2014

DR. SUBRAMANIAN SWAMY v. STATE OF TAMIL NADU & Ors.

Civil Appeal No. 10620 of 2013B S CHAUHAN, S A BOBDE61 min read

Case at a glance

Decided
06 Jan 2014
Bench
B S CHAUHAN, S A BOBDE

Outcome

Allowed

Thus, the appeals are allowed

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

Why is this linked?

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