B.K.MEHTA, M.P.THAKKAR, S.OBUL REDDY
SAYED MOHOMED BAQUIR – Appellant
Versus
STATE of Bombay – Respondent
( 1 ) THE following two questions have been referred for the decision of the Full Bench by our learned brother D. P. Desai J. (1) Whether Civil Court has jurisdiction to decide whether a particular grant is a personal inam in view of Explanation I to sec. 2 (1) (e) of the Bombay Personal Inams Abolition Act 1952 ? and (2) Whether the inams held by religious or charitable institutions and entered as such in the alienation register kept under sec. 53 of the Code or in the records kept under the rules made under the Pensions Act 1871 only are saved from the operation of the Act in view of the Explanation to sec. 3 of the aforesaid Act ?in so referring the two questions the learned Judge doubted the correctness of the decision of the Division Bench of this Court in SAYED MOHMAD V. STATE (1966) 7 G. L. R. 217. The Division Bench in that case though at one stage posed the question whether the inam in question is a personal inam as defined in sec. 2 (1) (e) or whether it is an exempted inam falling under sec. 3 (2) later formulated the question in the following terms :the question before us is not whether the inam in question is a personal inam but quite a different quest
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