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Musammat Ilahi Jan Vs. Mohammad Ishaq Khan and ors.

Court : Allahabad

Subject : Education

Reported in : AIR1919All255(2); 49Ind.Cas.976

The Court of first instance held that the custom had been proved and farther that the formalities of Muhammadan Law had been duly performed. The lower Appellate Court considered that the plaintiff could not fall back upon Muhammadan … Law had been duly performed. The lower Appellate Court considered that the plaintiff could not fall back upon Muhammadan Law of pre emption, because she bad alleged a right by custom and further once any right of pre-emption

Sheikh Wajid Ali and anr. Vs. Sheikh Sahan Alias Sheikh Shahban and or ...

Court : Allahabad

Subject : Civil

Reported in : 3Ind.Cas.820

Ali Khan v. Dalkuar 20 A. 148 it was held that in a case not governed by the Muhammadan law a person who was not a co-sharer in the village at the date of the sale but had … pre-emption of persons who have an equal right of preemption but have not qualified themselves according to the Muhammadan Law to en-force it, and who are not strangers, will not disentitle the person entitled to maintain a suit

Wajid Ali and anr. Vs. Shaban and ors.

Court : Allahabad

Subject : Civil

Reported in : (1909)ILR31All623

Dal Kaur (1897) I.L.R. 20 All. 148 it was held that in a case not governed by the Muhammadan Law a person who was not a co-sharer in the village at the date of the sale but had … pre-emption was claimed by several persons, one of whom, Chotu, only had performed the preliminary demands required by Muhammadan law. The other plaintiffs were persons who, if they had complied with the requirements of that law, would have

Byathamma Vs. Avulla and anr.

Court : Chennai

Subject : Property

Reported in : (1892)ILR15Mad19

therefore, to the second and principal issue in the suit, viz., whether Kunhi Soopi Haji followed Marumakkatayom or Muhammadan law. The Subordinate Judge found that the Marumakkatayom system governed the descent of the tarwad property, but that the … descent of the tarwad property, but that the self-acquisitions of members of the family were governed by the Muhammadan law.4. Kunhi Soopi Haji was the sister's son of Jokkian Soopi, who died about 1822, and who is alleged

Commr. of Wakfs and anr. Vs. Mohammad Moshin

Court : Kolkata

Subject : FamilyProperty

Acts : Guardians and Wards Act, 1890 - Sections 29 and 48; ;Muhammadan Law; ;Code of Civil Procedure (CPC) , 1908 - Order 1, Rule 9 - Order 6, Rule 17; ;Bengal Wakf Act

Reported in : AIR1954Cal463

do so only if creation of a wakf was 'transfer of property and that wakf was, under the Muhammadan law, never a 'transfer', but only a 'detention' in the ownership of God. The appellants on the other hand … By reason of Section 129 of the Transfer of Property Act, gifts by Muham-madans are governed by the Muhammadan law. Under that law no gift can be made by a Muhammadan of an undivided share in property capable

Muhammad Usman Vs. Muhammad Abdul Ghafur and anr.

Court : Allahabad

Subject : FamilyProperty

Reported in : (1912)ILR34All1

H.G. Richards, C.J. and Tudball, J.1. This appeal arises out of a suit for pre-emption based on Muhammadan law. The property consisted of a zamindari share. It is suggested, and it appears to be the case, that … of fractional shares in the mahal. The plaintiff alone produced evidence on the question of compliance with the Muhammadan law of demand. The moment that the news of a sale was received, the plaintiff demanded his shufa and

Nurunnessa Khanum Vs. Khaja Muhammad Sakru

Court : Kolkata

Subject : Land Acquisition

Reported in : 56Ind.Cas.8

when she is not prepared to give up her claim after consideration, that there is nothing in the Muhammadan Law that such relinquishment cannot be made except on that occasion.5. Baillie in his Digest says (2nd Edition, part … law.' A footnote adds 'to release him from responsibility at the date of judgment.' Ameer Ali in his Muhammadan Law, 4th Edition, Volume 1, Chapter If, Section 111, page 174, says, 'A woman may release her dower to

Abdullah Vs. Amanat-ullah and ors.

Court : Allahabad

Subject : Property

Reported in : (1899)ILR21All292

of remand under Section 562 of the Code of Civil Procedure in a suit for pre-emption based on Muhammadan law. The appellant before us is the vendee and the respondents are the claimants for pre-emption. The vendee is … the property sold to the defendant. The contention before us is that such a claim is opposed to Muhammadan law and should have been dismissed, that the plaintiffs were bound to claim the whole of the property sold,

Bakar Ali and anr. Vs. Abu Sayid Khan

Court : Allahabad

Subject : Trusts and Societies

Reported in : (1902)ILR24All190

we have to consider in this appeal is, whether a waqf of movable property is valid under the Muhammadan law. The appropriator Fakhr-ud-din included in the deed of waqf executed by him a sum of Rs. 11,000, which … shall be regarded as endowed property, and shall be applied in charitable and pious purposes recognized by the Muhammadan law as mentioned above, The mutawalli (Superintendent) shall also pay (money) to the Hajis (pilgrims) out of this very

Zamir Ahmad and anr. Vs. Abdul Razak and ors.

Court : Allahabad

Subject : Education

Reported in : AIR1915All260; 29Ind.Cas.993

of the plaint) that directly he 'got the news of the sale he fulfilled the conditions by the Muhammadan Law for pre emption' and called upon the defendant to transfer the pre-empted property to him for the price … plaintiffs had a right of pre-emption on the basis of the wajib-ul-arz to which the provisions of the Muhammadan Law applied, that the plaintiffs had not in any way fulfilled the necessary demands. It was alleged that the