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Judgment Search Results Home > Cases Phrase: khuda bakhsh oriental public library act 1969 Sorted by: old Page 1 of about 1,381 results (0.101 seconds)

Dec 02 1907 (PC)

Jamshed K. Tarachand Vs. Soonabai

Court : Mumbai

Reported in : (1908)10BOMLR417

..... tradition has it that alexander himself set fire to a library containing zoroastrian scriptures, but many oriental scholars believe that this is an unjust slur cast on the conqueror of persia ..... this exception to the rule is reproduced in section 17 of the transfer of property act which enacts that the restrictions in sections 14, 15 and 16 shall not apply to property transferred for the benefit of the public in the advancement of religion-knowledge-commerce -health--safety or any other object beneficial to mankind ..... is, however, one thread which connects the whole of the objects enumerated thereby, namely, the consideration whether in order to fall within the act the gift was, us had been said- a gift for general public use which extended to the poor as well as to the rich. ..... outlays on deaths of relations are mere private expenses, neither public nor charitable, and other good acts is too vague and indefinite an expression to denote anything ..... the law must cease to admit that any divine worship can have spiritual efficacy to produce a public benefit; or,(2) it must admit the sufficiency of spiritual efficacy but ascertain it according to the doctrines of the religion whose act of worship it is.the first alternative is an impossible one. ..... must ascertain the spiritual efficacy according to the doctrines of the religion in question and if according to those doctrines that divine service does result in public benefit either temporal or spiritual, the act must in law be deemed charitable. .....

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Dec 02 1907 (PC)

Jamshedji Cursetjee Tarachand Vs. Soonabai and ors.

Court : Mumbai

Reported in : 1Ind.Cas.834

..... tradition has it that alexander himself set fire to a library containing zoroastrian scriptures, but many oriental scholars believe that this is an unjust slur cast on the conqueror of persia. ..... this exception to the rule is reproduced in section 17 of the transfer of property act, which enacts that the restrictions in sections 14, 15 and 16 shall not apply to property transferred for the benefit of the public in the advancement of religion--knowledge--commerce--health--safety or any other object beneficial to mankind. ..... ' there is, moreover, one thread which connects the whole of the objects enumerated thereby, namely,' the consideration whether, in order to fall within the act, the gift was, as had been said, a gift for general public use which extended to the poor as well as to the rich.117. ..... it follows that there must be one of two results: either--(1) the law must cease to admit that any divine worship can have spiritual efficacy to produce a public benefit; or, (2) it must admit the sufficiency of spiritual efficacy, but ascertain it according to the doctrines of the religion whose act of worship it is.the first alternative is an impossible one. ..... it must ascertain the spiritual efficacy according to the doctrines of the religion in question; and if, according to those doctrines, that divine service does result in public benefit, either temporal or spiritual the act must, in law, to deemed charitable.166. .....

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Aug 06 1913 (PC)

Jan Mahomed Abdulla Datu Vs. Datu Jaffar

Court : Mumbai

Reported in : AIR1914Bom59; (1913)15BOMLR1044

..... well be joint in food, that is the head of the family may keep an open table and give boarding and lodging not only to his sons and grandsons, which in accordance with oriental custom and the calls of natural affection every mahommedan would probably do if he could afford it without the remotest intention of thereby giving any colour to claims which those who had thus enjoyed his ..... all that bears on the present argument is this passage:in special appeal it is urged that this suit is barred by the provisions of clause 13, section 1, of act xiv of 18s9, inasmuch as the plaintiffs have failed to show any act of possession by any payment on the part of gholam ahmed...but the inference he has drawn from the fact of these ladies living with gholam ahmed, and being supported by him from the ..... the death of the present baronet his sons may sue to have the property placed in trust under an act of parliament for the support of the baronetcy, declared to have been joint family property, over which sir currimbhoy ..... is no bar of limitation and that the suit is governed by article 127 so far as the limitation act reaches, we have still to see whether the release is not a good family arrangement binding upon the ..... ; he cannot sue for partition; he might possibly ask to have the gift by datu in 1902 to his son ismail annulled on the-analogy of article 126 of the schedule to the limitation act and the general principle of the hindu law prohibiting alienations of joint family property by the father. .....

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Jan 21 1924 (PC)

Maharaja of Kolhapur Vs. S. Sundaram Ayyar and 15 ors.

Court : Chennai

Reported in : (1925)ILR68Mad1

..... grant was an original grant from the government of their mere grace and favour, or a restoration of the property to those entitled to it by right of succession, or an abandonment by the government of all claim of right by virtue of their state act of seizure, the learned judges after referring to the proceedings of the government observe:there is nothing in those proceedings indicative of an abandonment of proprietary right from the time of seizure, and it would have been strange to have found ..... given by his natural father to sivaji with a view to future adoption and was brought up by sivaji with that object, the performance of the religious ceremonies by kamakshi bai saheba was only the completion of an act done by the raja by the taking of the boy and that even if no special authority was given at the time of his death, the adoption would be valid. ..... , 424 a 'forcible memorial' and himself proceeded to england in 1860 in order to rouse the british public to an appreciation of the injustice done by the act of confiscating the property of an independent prince who had always been faithful to the british, and to induce parliament to interfere in their favour and get the estate restored to the family ..... in a manu script obtained from the oriental library in madras exhibit b-141 the reflections of tulsaji on his death-bed are recorded, and it is there stated that before making the adoption, he regretted the stigma attached to his father pratapa singh owing to ..... bakhsh singh ..... bakhsh singh .....

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Jan 21 1924 (PC)

Maharaja of Kolhapur Vs. S. Sundaram Ayyar and ors.

Court : Chennai

Reported in : AIR1925Mad497

..... they were taking steps to get the property back by petitions to the authorities, and eventually succeeded in doing so before they made the adoption, the mere deprivation of the widows by an act of state would not amount to a vesting of the property by succession in a person who in law has title to the property, and the regrant of the property would in any event ..... with a view to future adoption and was brought up by sivaji with that object, the performance of the religious ceremonies by kamakshi bai sahaba was only the completion of an act done by the bija by the taking of the boy and that even if no special authority was given at the time of his death, the adoption would be valid. ..... 424 a 'forcible memorial' and himself proceeded to england in 1860 in order to rouss the british public to an appreciation of the injustice done by the act of confiscating the property of an independent prince who had always been faithful to the british, and to induce parliament to interfere in their favour and ..... in a manuscript obtained from the oriental library in madras the reflections of tulsaji on his death-bed are recorded, and it is there stated that before making the adoption he regretted the stigma attached to his ..... boy should be adopted subsequently, the death of the boy's natural father made no difference, the gift during datta homam by the boy's brother not being an act of his own mere motion as a brother but being only ancillary to perfect by religious rite what the father had done.213. ..... bakhsh .....

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Jan 08 1934 (FN)

Morrison Vs. California

Court : US Supreme Court

..... 528, 1), it is enacted that, "in any action or proceeding, civil or criminal, by the state of california, or the people thereof, under any of the provisions of this act, when the proof introduced by the state, or the people thereof, establishes the acquisition, possession, enjoyment, use, cultivation, occupation, or transferring of real property or any interest therein, or the having in whole or in part ..... in any action or proceeding, civil or criminal, by the state pf california or the people thereof, under any of the provisions of this act, when the complaint, indictment, or information alleges the alienage and ineligibility to united states citizenship of any defendant, proof by the state, or the people thereof, of the acquisition, possession, enjoyment, use, cultivation, occupation, or ..... section 10 provides that: "if two or more persons conspire to violate any of the provisions of this act, they are punishable by imprisonment in the county jail or state penitentiary not exceeding two years or by a fine not exceeding five thousand ..... to it as his, and does this in justification or excuse of an act otherwise illegal, may fairly be called upon to prove his title good. ..... the admixture of oriental blood might be too slight for his race to be apparent to the eye, and family traditions are not always well preserved, especially when the descendants are men and women of humble ..... by one not shown to be ineligible for citizenship is an act that carries with it not even a hint of criminality. .....

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May 14 1958 (HC)

State Vs. Thakur Prasad and ors.

Court : Allahabad

Reported in : AIR1959All49; 1959CriLJ9

..... of obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall and in determining whether or not such a book is obscene regard must be had to that book alone; other books not the subject of charges may ..... stated under that head is that two men lie down close together in the same fashion as the two women described above and the woman enjoys with one man by the acts of inner coitus and she gives enjoyment to the other man by putting his penis into her mouth which is known as 'mukh maithun' or by giving him enjoyment by outer caresses, ..... lyengar the librarian of the government oriental library mysore, and the passages aforesaid are ..... is expressly stated that the sale of the book is strictly restricted to members of the medical and legal professions and to students of psychology and sociology and that the publication is sold for their personal use only and in no case should it be lent or given away to others for obvious reasons. ..... the gratification of their normal and abnormal sex appetites and it described varieties of sexual intercourse in a manner which to say the least was obscene, if the probable effect of the publication was to prejudice public morals and decency the accused must be taken to have intended the natural consequences of his acts. ..... if the publication is obscene, it is an offence against the act, although there was no intent on the .....

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Nov 18 1958 (SC)

Sri Ram Ram NaraIn Medhi Vs. the State of Bombay

Court : Supreme Court of India

Reported in : AIR1959SC459; (1959)61BOMLR811; [1959]Supp1SCR489

..... backward area are the criteria to be determined before the state government is satisfied that it is expedient to vary the ceiling area and the economic holding in the public interest and 'any other factors which may be prescribed' are to be read ejusdem generis with the above as already observed, no question of benefiting political sufferers can even enter into ..... a socialistic pattern of society in the state within the meaning of articles 38 and 39 of the constitution, a further measure of agrarian reform was enacted by the state legislature, being the impugned act, hereinbefore referred to, which was designed to bring about such distribution of the ownership and control of agricultural lands as best to subserve the common good thus eliminating concentration of wealth and means of ..... the state and another and having therefore enunciated the broad principles and policy which were embodied in sections 5 and 6 of the act the legislature enacted section 7 empowering the state government to vary the ceiling area and the economic holding if it was satisfied that it was expedient so to do in the public interest, regard being had to the various criteria therein specified. ..... not only so, but during the decline which oriental governments have usually undergone, the revenue officials have been commonly found to merge in, or be superseded, by revenue-farmers - persons who contracted for a certain sum ..... then again, the greater oriental governments which preceded ours, have always, in one form or .....

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Nov 24 1958 (SC)

G. Venkataswami Naidu and Co. Vs. the Commissioner of Income-tax

Court : Supreme Court of India

Reported in : AIR1959SC359; [1959]35ITR594(SC); [1959]Supp1SCR646

..... and held that 'case vi was inapplicable because case vi necessarily refers to the words of schedule d, that is to say, it must be a case of annual profits and gains and those words against are ruled by the first section of the act which says that when an act indicates that income-tax shall be charged for any year at any rate the tax at that rate shall be charged in respect of the profits and gains according to the schedules' ..... of assessment of income tax, that where the owner of an ordinary investment chooses to realise it, and obtains a greater price for it than he originally acquired it at, the enhanced price is not profit in the sense of schedule d of the income tax act'; and he added that 'it is equally well established that the enhanced value obtained from realisation or conversion of security may be so assessable where what is done is not merely a realisation or a change of investment but ..... we are inclined to think that, in dealing with the very prosaic and sometimes complex questions arising under the income-tax act, use of metaphors, however poetic and picturesque, may not help to clarify the position but may instead introduce an unnecessary element of confusion or doubt. 16. ..... an option over another adjoining estate was accordingly secured and it was decided to resell the two estates to a public company to be formed for the purpose. ..... the point about the scope and effect of the provisions of section 66(1) has again been considered by this court in the oriental investment co. .....

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Jan 31 1962 (HC)

Tilkayat Govindlalji and ors. Vs. State and ors.

Court : Rajasthan

Reported in : AIR1962Raj196

..... rights relating to the aforesaid deities and their properties to the committee of management of shrinathji on the 15th of october, 1956 and since then the aforesaid deities and their properties are public endowments and the tilkayat maharaj had no proprietary interest therein.the vaishnavas had filed annexure 'a' with their writ petition, which gives particulars with regard to the origin and usages of the ..... sahi, air 1959 sc 942 wherein their lordships have approved of the view taken by the high court of patna that the questions whether the trusts are public or private trusts or the properties are private or trust properties are questions which involve investigation of complicated facts and recording of evidence and such investigation could not ..... on the admissions contained in the written statement filed by the tilkayat in the suit under section 92 civil procedure code filed by the collector.it was also stated that the impugned act was not discriminatory and did not offend the provisions of article 14 of the constitution as the temple of nathdwara was the only religious endowment of the pushtya margiya sampradaya in ..... it is said that the public has no right to these two deities.the various provisions of the act are challenged on the ground that they are repugnant to part iii of the constitution, and particularly to articles 14, 19, 25, 26 and 31 and are also beyond the legislative ..... the respect which is due to the writings of that great oriental scholar on a subject like this. .....

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