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august 1965

Supreme Court of India · 1965-08-27

M. RADHAKRISHNA GADE RAO SAHIB vs STATE OF MADRAS

Citation / case number
SC 1963/219
Court
Supreme Court of India
Petitioner
M. RADHAKRISHNA GADE RAO SAHIB
Respondent
STATE OF MADRAS
Bench
SARKAR, A.K.

Judgment text excerpt

The Supreme Court held that a specific endowment was created under the Hindu Religious and Charitable Endowments Act, as the proprietors divested themselves of part of the income for charitable purposes, establishing a charge on the properties. The Court emphasized that the creation of a charge indicates a divestment of rights to the income and property. It was clarified that both absolute and partial dedications are recognized as valid endowments under Sections 6(14) and 6(16) of the Act, and Section 32 supports the notion that a charge can constitute a specific endowment.

M. RADHAKRISHNA GADE RAO SAHIB vs STATE OF MADRAS · Niyam