Search Results for "Mohamedan Law"

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Search Results for "Mohamedan Law"

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High Court

Bombay High Court Grants Interim Reliefs to Protect Estate of Deceased Testatrix in Administration Suit Pending Probate — Court Receiver Appointed for Inventory and Injunction Against Alienation of Flat. The court held that a suit for administration is maintainable even before grant of probate and that interim protection is necessary to prevent dissipation of assets under the Indian Succession Act, 1925.

23 Sep 2024

The suit was filed by Nina Anwar Merchant, the plaintiff, seeking administration of the estate of late Gulshan Rehman Meghani (testatrix) in accordanc...

Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Tenancy Dispute, Upholding High Court's Eviction Order. The Court affirmed that tenancy rights in joint Hindu family property cannot be surrendered by the Karta without consent of coparceners, making subsequent lease to appellant illegal under Hindu law principles.

5 Apr 2021

The dispute arose from a tenancy in premises owned by the Bihar State Sunni Wakf Board. The plaintiff filed a suit for declaration as a tenant, claimi...

High Court

High Court of Karnataka Dismisses Husband's Appeal in Muslim Marriage Dissolution Case — Second Marriage During Subsistence of First Marriage Constitutes Cruelty Under Muslim Personal Law. The court upheld the Family Court's decree dissolving the marriage on grounds of cruelty and desertion, as the husband failed to prove that the wife left without reasonable cause.

17 Aug 2020

The appellant-husband, a Sunni Muslim, married the respondent-wife on 17.07.2014 as per Shariat law. After a short period of happy married life, the w...

Supreme Court

Supreme Court Remands Second Appeal to High Court for Failure to Decide Framed Substantial Questions of Law in Partition Suit Involving Muslim Law and Subsequent Purchasers. The High Court's omission to answer the six substantial questions of law framed under Section 100 CPC rendered the second appeal judgment unsustainable, necessitating a fresh hearing.

10 Jan 2020

The Supreme Court dealt with an appeal arising from a second appeal before the Gujarat High Court. The original suit was filed by Sumara Umar Amad (pr...

Supreme Court

Supreme Court Upholds Legitimacy of Child from Irregular Muslim Marriage in Partition Suit. Child born from marriage of Muslim man with Hindu woman held legitimate and entitled to inherit father's property under Muslim law.

22 Jan 2019

The Supreme Court dismissed an appeal against the Kerala High Court's judgment that restored the trial court's decree in a partition suit. The dispute...

High Court

Bombay High Court Dismisses Husband's Appeal for Restitution of Conjugal Rights in Muslim Marriage Dispute — Marriage Not Proved Due to Lack of Evidence of Consummation and Cohabitation.

14 Sep 2011

The appellant-husband filed a petition for restitution of conjugal rights under Muslim Personal Law, claiming he married the respondent-wife on 1.11.1...

High Court

Bombay High Court Allows Wife's Appeal in Muslim Divorce Dispute — Holds Divorce Agreement as Talak in Ahsan Mode, Not Khula, and Remarriage Valid Without Halala. The court determined that the divorce agreement dated 18th April, 2004 was a Talak in Ahsan mode, and the wife was not required to undergo Halala before remarriage on 5th April, 2007.

23 Mar 2010

The case involves an appeal under section 19 of the Family Courts Act, 1984, arising from a dispute between a Muslim couple. The appellant-wife, Mrs. ...

High Court

Bombay High Court Allows Second Appeal in Mohamedan Law Legitimacy Dispute — Acknowledgement of Paternity by Father Establishes Legitimate Heirship. Court holds that under Clause 75 of Mohamedan Law, acknowledgement of legitimacy by the father, when conditions are fulfilled, confers status of legitimate child and heir, overriding lower courts' findings.

30 Jun 2005

The case involves a second appeal before the Bombay High Court against a judgment of the Additional District Judge, Kolhapur, dated 29 December 1987, ...

High Court

Bombay High Court Allows Father's Appeal for Custody of Minor Children in Guardianship Dispute. Welfare of Minor Children is Paramount Consideration Under Section 7 of Guardian and Wards Act, 1890.

17 Feb 2005

The case involves two appeals filed by the husband/father against a common order dated 7/8/1999 passed by the III Additional District Judge, Thane, in...

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