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Muhammad Ismail Khan Vs. Lala Sheomukh Rai and Musammat Imtiaz-un-nisa - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtMumbai
Decided On
Judge
Reported in(1913)15BOMLR76
AppellantMuhammad Ismail Khan
RespondentLala Sheomukh Rai and Musammat Imtiaz-un-nisa
DispositionAppeal allowed
Excerpt:
the bengal, north-western provinces and assam civil courts - act (x.ii of 1887), section 37 - mahomedan law-evidence of custom at variance with mahomedan law.;the high court ruled that the parties to a suit, who were mahomedans, were not by virtue of section 37 of act xii of 1887, entitled to give evidence with respect to an issue relating to a family custom of succession at variance with the mahomedan law.;that the suit should be remanded to enable the parties to file evidence with respect to the issue in question. - section 3: [s.b. mhase, d.s. bhosale & a.s. oka, jj] offences of atrocities - complaint under held, merely because the caste of the accused is not mentioned in the fir stating whether he belongs to scheduled caste or scheduled tribe, it cannot be a ground for quashing the.....macnaghten, j.1. their lordships have considered this case, and they think that the suits should be remanded to the high court to enable the parties to file evidence with respect to issue no. 3 as to the family custom, their lordships will therefore humbly advise his majesty that the decrees appealed from should be set aside. the costs in the courts below which have been and will be incurred should abide the result of the remand. the respondents will pay the-costs of p.c.these appeals.
Judgment:

Macnaghten, J.

1. Their Lordships have considered this case, and they think that the suits should be remanded to the High Court to enable the parties to file evidence with respect to issue No. 3 as to the family custom, Their Lordships will therefore humbly advise His Majesty that the decrees appealed from should be set aside. The costs in the Courts below which have been and will be incurred should abide the result of the remand. The respondents will pay the-costs of P.C.these appeals.


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