AIR 1959 RAJASTHAN 177 ::1959 RajLW 496 ::ILR (1959) 9 Raj 424

Rajasthan High Court

Hon'ble Judge(s): K. L. Bapna, Jagat Narayan , JJ

(A) Constitution of India , Art.19(1)(f)— Rights recognised by judicial decision - Legislation seeking to deprive party of rights. A judicial decision no doubt does not create any new right, but it places on a firm foundation the rights upheld by the decision, and establishes for all times to come the rights so recognised as against the contesting parties or their successors in title, and if such rights are rights to property, the legislation, which seeks to deprive the successful parties to the litigation of such rights is hit by Art. 19(1)(f) of the Constitution, unless it can be shown that the deprivation is reasonable and in the public interest.(Para 33) Anno : AIR Com. Const. of Ind., Art. 19, N. 70. (B) Mohammadan Law - Durgah offerings.ILR (1938) Bom 184, Dissented from. The offerings are dealt with according to custom which prevails at the Durgah. The offerings cannot be held to be income of the Durgah as an institution to be utilised for charitable purposes. ILR (1938) Bom 184, Dissented from.(Para 44 51) (C) Constitution of India , Art.14— Durgah Khwaja Saheb Act - Act whether hit by Article. Dargah Khawaja....