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Muhammad Shafi Khan Vs. Lali Jan - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad
Decided On
Judge
Reported in(1912)ILR34All478
AppellantMuhammad Shafi Khan
RespondentLali Jan
Excerpt:
muhammadan law - hanafi law--gift--construction of document--condition in derogation of the grant invalid. - - i of his well-known work on muhammadan law.henry richards, c.j. and banerji, j.1. the facts of the case and the questions of law which arise in it are fully dealt with in his judgment by our learned brother. in our opinion the conclusion at which he arrived is supported by the decision of their lordships of the privy council in nawab umjad ally khan v. mussumat mohumdee begum (1867) 11 moo. i.a. 517. that was no doubt a case between shias, but the rule of law was considered as applying equally to shias and sunnis. this has been shown by mr. ameer ali on page 86 of vol. i of his well-known work on muhammadan law. we dismiss the appeal with costs.
Judgment:

Henry Richards, C.J. and Banerji, J.

1. The facts of the case and the questions of law which arise in it are fully dealt with in his judgment by our learned brother. In our opinion the conclusion at which he arrived is supported by the decision of their Lordships of the Privy Council in Nawab Umjad Ally Khan v. Mussumat Mohumdee Begum (1867) 11 Moo. I.A. 517. That was no doubt a case between Shias, but the rule of law was considered as applying equally to Shias and Sunnis. This has been shown by Mr. Ameer Ali on page 86 of Vol. I of his well-known work on Muhammadan law. We dismiss the appeal with costs.


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