M.P.THAKKAR, R.C.MANKAD, V.V.BEDARKAR
MALEK DOSUMIYA JAMIYATMIYA (HEIRS OF DECD. GULAMRASOOL SARFUDDIN MAL – Appellant
Versus
PATHAN RASULKHAN MOHMEDKHAN – Respondent
( 1 ) A very serious problem which can make an atheist turn to God in desperation and demands immediate attention has crossed our path in the course of our search for a solution to the question of law which has been referred to this Full Bench viz. whether in order to avail of the right conferred by sec. 4 of the Partition Act of 1893 it is an essential pre-condition that the claimant must be arraigned as plaintiff and not as a defendant. The problem highlighted is whether the concept of National Integrity notwithstanding and the Constitutional command of equality before law notwithstanding can the right conferred on a citizen by the very same provision of an All-India enactment be availed of only provided he is on the Indian soil at Calcutta but not if he is on the Indian soil at Bombay ? Call the meaning and content of an All-India statute depend on whether it is being interpreted in one State of India or in another ? Can the conscience of India countenance a situation where law means one thing in Bombay and just the contrary in Calcutta ? We will be utterly failing in our duty if we did not underscore the compulsion to remedy this situation which has been tolera
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