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Jainalabdeen Rowther and ors. Vs. Pappathi Ammal Alias Mohamed Meeran ...

Court : Chennai

Subject : Family

Reported in : (1968)1MLJ135

deed Exhibit A-3. This objection was overruled by the Courts below on the ground that the rule of Mohamedan Law which does not permit the creation of a life interest and vested remainder would not apply to cases … have merely a right to the usufruct and therefore there was no violation of any principles of the Mohamedan Law. Hence the second appeal by the plaintiffs.3. It is unnecessary to express any opinion as to whether the

Abdul Kareem and anr. Vs. Zuleika Bi and ors.

Court : Chennai

Subject : FamilyProperty

Acts : Transfer of Property Act - Sections 6, 7 and 127; Registration Act; Indian Contract Act - Sections 11; Limitation Act

Reported in : AIR1971Mad184

for the appellants urged that such a gift as the one evidenced by Ex. A-14 is invalid under Mohamedan Law, and that the suit is in time as it has been filed within 12 years after the death … the date of the gift. The three essentials of a gift (hiba) are mentioned in Mullah's Principles of Mohamedan Law, 16th Edn, in Section 149 at page 141 in the following terms:-"It is essential to the validity of

Mohamed NaziruddIn Vs. Govindarajulu Appah and ors.

Court : Chennai

Subject : Property

Acts : Code of Civil Procedure (CPC), 1908 - Order 8-A; Mullah's Principles of Mohamedan Law - Sections 362

Reported in : AIR1971Mad44; (1971)1MLJ28

alienate etc. the gifted property probably refers to the restrictions imposed on the guardian of his minor under Mohamedan law. The fourth plaintiff is the legal guardian of his minor sons under the Mohamedan Law. Section 362 at … his minor under Mohamedan law. The fourth plaintiff is the legal guardian of his minor sons under the Mohamedan Law. Section 362 at page 332 of Mullah's Principles of Mohamedan Law, 16th Edn. deals with the power of

M. Syed Mydeen and anr. Vs. M.S. Khaja Mohideen and ors.

Court : Chennai

Subject : PropertyCivil

Reported in : (1988)1MLJ486

ORDERK. Shanmukham, J.1. Very rarely do interesting question on Mohamedan Law fall for consideration. The present appeal poses two nice questions for solution.2. Let me now turn to facts … for his life under Ex.A-1, the gift of the corpus in favour of the respondents is invalid in Mohamedan Law:5. On the construction of Ex.A-1, the trial Court held that the earlier clause in Ex.A-1 conferred an absolute

Mohd. Mustafa Vs. Commissioner of Gift-tax

Court : Allahabad

Subject : Direct Taxation

Acts : Gift Tax Act, 1958 - Sections 2 and 3

Reported in : [1970]76ITR205(All)

the opinion of this court:'1. Whether the provisions of the Gift-tax Act would prevail upon the provisions of Mohamedan law so far as the gifts to the three sons are concerned ? 2. If the answer to the … was rightly held that there was a delivery of possession of the subject-matter of the gift under the Mohamedan law in the present case and the gift-tax was rightly attracted ?' 2. The assessee, Mohammad Mustafa, was a

A.G. Ramachandran and anr. Vs. Shamsunnissa Bivi

Court : Chennai

Subject : FamilyProperty

Acts : Evidence Act - Sections 112; Muslim Personal Law (Shariat) Application Act, 1937 - Sections 2; Madras Civil Courts Act, 1873 - Sections 16; Transfer of Property Act, 1882; Mohamedan Law

Reported in : AIR1977Mad182; (1977)1MLJ482

child in view of the presumption contained in S. 112 of the Evidence Act, that though under the Mohamedan Law a child born within six months of the marriage between its parents is an illegitimate child, the presumption … applicable even to persons governed by Mahomedan Law and that S. 112 would certainly override the principles of Mohamedan Law, relating to legitimacy. In this view, the lower appellate court set aside the dismissal of the suit by

Bhagwati Prasad Sah and ors. Vs. Bhagwati Prasad Sah and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 19(1)

Reported in : [1964]5SCR105

Judicature at Patna and raises mainly the question of the scope of the right of pre-emption under the Mohamedan law as applied by custom in Bihar.2. The facts lie in a small compass. On June 17, 1930, Chathilal … suit, inter alia, on the ground that the ceremonies of pre-emption were not performed and that under the Mohamedan law the plaintiff was not entitled to pre-emption, as the land on which the said house and golas stood

Mohammad Nur Baksh Vs. Mst. Sahanara Begum

Court : Kolkata

Subject : FamilyCriminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 127 and 127(3); ;Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 3, 4, 5 and 7

Reported in : II(1996)DMC14

above, the observations of some of the High Courts, the Mandates of the Quran, and the treaties of Mohamedan Law of various authors and scholars came to the above conclusion. This decision of the learned Single Judge was … Judge in the Calcutta decision cited above made the following observation:'13. Even though under Section 308 of the Mohamedan Law (vide Mulla's principles of Mohamedan Law) any Mohamedan of sound mind, who has attained puberty may divorce his

Sulaika Bivi and Six Others Vs. Rameeza Bivi and 10 Others

Court : Chennai

Subject : Family

Acts : Muslim Personal Law (Shariat), Application Act, 1937 -- Sections 2 and 3; Tamil Nadu Muslim Personal Law (Sharit), Application Act, 1937; Mapilla Succession Act, 1918; Mappilla Wills Act, 1928; Parent Act -- Sections 2; Cutchi Memons Act, 1920

Reported in : 2000(4)CTC454

of the heirs have been excluded, could it be accepted as one established in accordance with principles of Mohamedan Law in the matter of execution of a will: (iii) that whether the consent alleged to have been obtained … the life time of the testator was binding upon the excluded heirs again based on the principles of Mohamedan Law: (iv) that whether the consent accorded by the first defendant who was paradanisan lady could have stated to

Azizunissa Adburrahman Kadri Vs. Jamila Abdul HusseIn Shaikh (Since De ...

Court : Mumbai

Subject : FamilyProperty

Acts : Registration Act; Sunni Hanafi Mohamedan Law

Reported in : 2007(4)ALLMR432; 2007(4)BomCR769

her death these defendants have been brought on record.3. Admittedly, the parties are governed by the Sunni Hanafi Mohamedan Law. Defendant No. 1 had no issue. Plaintiff has also no issue. As per the plaintiff, the respective shares … property also as it. was purchased by registered deed as referred above. There is no bar under the Mohamedan Law that a Memodian can not dispose of his/her property during his/her life time. The deceased, therefore, during his