Live Law

2024-02-01 08:49:31.0

  • Dhavan : lordhsips question earlier, indicated that the 81 Act maybe half- hearted, there are two responses- first the numerical argument in the court. But we don't have to look at the court, we have to look at the purposes of the University. And these are writ large, I'll read out of the amended Act , the purposes yourlordships will find in the original act - to promote oriental and Islamic studies and to give instructions in Muslim theology and religion and to impart moral and physical training. Now what was added mylord in 72 was to promote the study of religion, civilization and culture in India and see which is important which comes in 81- to promote specially the educational, cultural advancements of Muslims in India.

    Dhavan: so I am making a distinction mylord between the powers and composition of court in one hand and the purposes of the statute read as a whole. It is the purposes of the statute which will also run along side, we cannot read the Act minus the purposes of the Statute. This is the fundamental distinction we wish to make , that you go by the purpose, you go by the empowerment and to that extend the statute is crystal clear. The second point draws on, Justice as he then was Justice Mukherjee in the Bhopal Case. 

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