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april 2009

Supreme Court of India · 2009-04-27

K.S.POOMARI vs A.UMARSHA

Citation / case number
SC 2008/10002
Court
Supreme Court of India
Petitioner
K.S.POOMARI
Respondent
A.UMARSHA

Judgment text excerpt

The Supreme Court upheld the constitutionality of the Amending Act of 1966, clarifying that the legislature has the power to legislate with retrospective effect, as long as it does not infringe upon vested rights. The Court emphasized that the right to claim benefits under a statute is not a vested right and can be withdrawn by the legislature. It was held that the exemption of religious institutions from certain lease provisions does not violate fundamental rights, and the amendment's application to pending proceedings is valid under Section 3 of the Amending Act.

K.S.POOMARI vs A.UMARSHA · Niyam