Live Law

2024-01-31 05:42:28.0

  • CJI: frankly i have some doubt wrt the first aspect, when the parliament deleted the words established by 1981 amendment, in that sense if you delete the word establishment then the entire incorporation of the university would come to an end. Possibly it is open for the Parliament to take a particular view that the 1920 Act did was to give a form of a statutory university but it does not delete the fact that it was still established by Muslims ... on the later part that 81 doesn't take away Basha you may be on a firmer ground because the 1981 Act makes no change to the administrative provisions of the 1920 Act at all

    NK Kaul: my endeavour is to equally persuade on the grounds

    Khanna J : something what has been established you cannot change. But then what you are arguing and that too on part of the respondents and the govt is also on that side, is virtually now saying that this part does not vest with the parliament. 

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