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MATHUR
Controller, Amanat Hai Mazhabi – Appellant
Versus
Wahid Khan – Respondent
This is a reference under S. 113, Civil P.C., for the opinion of this Court as to whether the provisions of the Bhopal Charitable and Religious Trusts Act, 1934 (Act No. 6 of 1934) are still applicable to the State of Bhopal or would be deemed to have been repealed by virtue of S. 5 of the Merged States (Laws) Act, 1949.
2. The facts, about which there is no dispute, in brief are that prior to the merger of the State of Bhopal with the Dominion of India, there was the Bhopal Charitable and Religious Trusts Act (Act No. 6 of 1934) in force in this State. On the merger of the State, the Dominion Legislature passed the law called as the Merged States (Laws) Act, 1949 and under S. 5 of this Act old enactments corresponding to the laws introduced by this Act were repealed.
Three Central Acts along with others which were extended to Bhopal State are the Code or Civil Procedure, 1908 (5 of 1908), the Charitable Endowments Act, 1890 (6 of 1890), and the Charitable and Religious Trusts Act, 1920, (14 of 1920). Certain provisions of these enactments are similar to those of the Bhopal Charitable and Religious Trusts Act, 1934, while a few others are dissimilar.
In the Bhopal Act there are
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
A valid signature must be in the candidate's own handwriting, as emphasized by the General Clauses Act and relevant case law.
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