Supreme Court of India · 1964-05-08
SRI JAGADGURU KARI BASAVARAJENDRASWAMI OF GAVIMUTT vs COMMISSIONER OF HINDU RELIGIOUS CHARITABLE ENDOWMENTS
- Citation / case number
- SC 1963/26
- Court
- Supreme Court of India
- Petitioner
- SRI JAGADGURU KARI BASAVARAJENDRASWAMI OF GAVIMUTT
- Respondent
- COMMISSIONER OF HINDU RELIGIOUS CHARITABLE ENDOWMENTS
- Author
- GAJENDRAGADKAR, P.B. (),HIDAYATULLAH, M.,SHAHC.,DAYAL, RAGHUBAR,SIKRI, S.M.
- Bench
- GAJENDRAGADKAR, P.B. (CJ),HIDAYATULLAH, M.,SHAH, J.C.,DAYAL, RAGHUBAR,SIKRI, S.M.
Judgment text excerpt
The Supreme Court held that Section 103(d) of the Madras Hindu Religious and Charitable Endowments Act, 1951, allows earlier schemes framed under the repealed Madras Act 11 of 1927 to remain operative without needing to be re-evaluated under the new Act. The Court clarified that the validity of such schemes does not contravene Article 19(1)(f) of the Constitution, as fundamental rights are not retrospective. The appeal was dismissed, affirming the High Court's decision that the scheme was valid under the new Act.