The All India Reporter 1923 - Journal Section Containing Short Notes and Comments Reviews of Articles Original Articles Critical Notes Reviews of Books Etc

The principle of the religious neutrality of the Government is invoked to lay dowt the limitation that the effect of legislatiop should not be to in- terfere with matters or ritual and the purely religious observances of the institutions concerned. [...] The confiscatory character of the clauses relating to the diversion of surplus income is exposed and the illegality of the erroneous applica- tion of the cypres doctrine is point- ed out from a strictly legal point of view. [...] Under the Maho- medan Law the mother is entitled only to the custody of the person of her minor child up to a certain age according to the sex of the child. [...] In cases such as the present the transaction is not upheld because of any title as guardian in the mother to convey, for she has none, nor because of any authority in the party entering into the transaction, but because of the nature of the transaction itself, viz. , its beneficial character when viewed from the stand-point of the minor's interest. [...] S. 3 saves the powers of the Advocate-General under S. 114 sub-section (2) of the Government of India Act and the powers of the High Court in the exercise of its ordinary original civil jurisdiction for the simple reason that the Madras Council is not competent to interf ere . with the same by its legislation.