Court : Chennai
Reported in : 2000(4)CTC454
..... mohammad sulthan maracayar which included the cycle shop under e schedule to the suit is perfectly justified.25. as far as the question relating to the application of the muslim personal law (shariat) application act, 1937 (hereinafter called act 26 of 1937) is concerned, the contention of the learned counsel for respondents 6 to 11 is based on the observations of the trial court ..... 1.1929. the teamed author was also pleased to note that neither the mappilla succession act, 1918 nor mappilla wills act, 1928 affects the tarward property, unless the mappilla concerned was exclusively entitled to it, it was also quoted therein that the muslim personal law (shariat) application act, 1937 (act 26 of 1937) also does not touch or affect the rights and incidents of ..... and trust properties, and wakfs, the rule of decision in cases where the parties are muslims shall be the muslim personal law (shariat)'32. a conjoint reading of the provisions contained in the act, including the tamil nadu amendment along with circumstances that existed then, when the act was brought into force, make it clear that the whole purpose of the enactment was to ..... quite foreign to the shariat. the learned author was pleased to note further, based on rulings reported in abdul rahim v. avooma, air 1956 mad. 1441 in mohammed sandhu khan v. rathnam air 1956 mad. 144 apart from full bench judgment of kerala high court reported inlaxman v. kamal : air1959ker67 that the mappilla marumakkathayam act (madras act 17 of 1939) .....Tag this Judgment!
Court : Allahabad
Reported in : 2005CriLJ3684
..... any time after the marriage in connection with the marriage of the said parties, but does not include dower or mahr in the case of person to whom the muslim personal law (shariat) applies.' '13. the aforesaid definition makes it deer that the property or the valuable security need not be as a consideration for marriage, ..... term 'dowry' has the same meaning as in section 2 of the dowry prohibition act 1961. through amending acts, i.e., act no. 63 of 1984 and act no. 43 of 1986, the definition of the term 'dowry' in dowry prohibition act was altered and the demands made after solemnization of marriage would be 'dowry'. we may ..... of the section are satisfied.' 12. further, as held by the apex court in the case of kunhiabdulla v. state of kerala, 2004 (48) acc 950, in order to attract application of section 304b i.p.c., the essential ingredients are as follows:1. the death of a woman should be caused by ..... of the learned counsel for the accused respondents, however, ignores other important aspects of the matter we have dealt with above that there was struggle and application of violence to the deceased on the chhajja (balcony) and in the bed room where she was forcibly taken for being done to death. to ..... been subjected to violence in the bedroom and she had succeeded in coming oat on chhajja (balcony) to save her. the signs of struggle and application of violence in the form of broken bangles inside the room and the blood and bloodstained bindia on the chhajja were found. not only this, it .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1997All122
..... muslim personal law, as mandated in the muslim personal law (shariat) application act, 1937 (hereinafter referred to as the shariat act). the said act, it is contended, was made applicable to the state of rampur w.e.f. 1january, 1950 in accordance with the merged slates laws act no. 49 of 1949. according to s. 2 of the shariat act, it is pleaded, notwithstanding any custom etc. to the contrary, the law applicable to intestate succession shall be the muslim personal law ..... the muslim personal law (shariat).' the said section thus abrogates such customs relating to succession which are inconsistent with the muslim personal law.76. in puihiya purayal abdurrahiman karnan v. thayath kancheentavida avoonima, air 1956 madras 244 a division bench of the madras high court dealing with the question regarding the effect of section 2 of the shariat act has observed in our opinion the shariat act (including the madras amendment) did ..... full bench of the kerala high court also held that, the shariat act did not abolish or purport to abolish the rights and incidents of a moplah marumakallayam tarvad. whal applies in regard to a tarvad, is applicable equally in respect of the property of a ruler. these thus go to belie the plaintiff's contention that the 1937 shariat act has the effect of repealing .....Tag this Judgment!
Court : Kerala
Reported in : 2008(3)KLJ31
..... . section 2 of the muslim personal law (shariat) application act, 1937 declares that parties shall be governed by the muslim personal law (shariat) notwithstanding any custom or usage to the contrary in all questions regarding (inter alia) marriage and maintenance. the muslim women (protection of rights on divorce) act is a piece of statutory law relating to marriage and maintenance which falls within the sweep of their personal law. the muslim personal law (shariat) application act declares the muslim personal law (shariat) would prevail over ..... any such payment. she claims that she secured employment by the...of her own merit only. the learned counsel for the petitioner raises an argument that even a child in kerala knows that employment in a private school under a manager can never be secured without payment of bribe/illegal gratification to the manager of the school. this court should not ..... personal laws than under section 125 cr.p.c. and all the precedents and the act only clarify that the larger right cannot in any case be less than or an inadequate substitute for what she would have received under section 125 of the cr.p.c.the questions raised are interesting and demand a detailed look at the statutory provisions, precedents, subsequent amendments .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1975AP271
..... non-secular gifts as has been done by the learned judge in the above decision. moreover after the shariat act 1937 (central act 26 of 1937) the muslim personal law alone applies in the matter of gifts. (see bibi maniran y. md. ishaque, : air1963pat229 . in view of this act, the prior decision in ma asha v. b.k. haldar (air 1936 rang 430) (fb) cannot be deemed ..... by late pullu saheb, in favour of the 4th defendant. on 30-9-1969 the defendants filed i. a. 2881 of 1969 to amend their written statement. the 4th defendant who filed the affidavit in support of that application stated that the gift in his favour was made at the time of his marriage in the presence of v. komarayya, g. seetharamulu ..... . in a. srisailam v. a. lingamma. (1972) 2 andh wr (s n) 5. i do not find any precedent to support the view expressed by the learned judge of the kerala high court in : air1972ker27 to make any distinction between gifts which are secular and non-secular in this respect. hence with great respect to the learned judge, i am unable ..... has not been proved to be true. in support of his first contention the learned counsel wanted to rely upon the decision of his lordship sri krishna iyyer j., of kerala high court in assan ravther v. m. charayil, : air1972ker27 where the learned judge held as follows:--'the conclusion that i reach about the construction of section 129 of the .....Tag this Judgment!
Court : Mumbai
Reported in : 1986(1)BomCR146; (1986)88BOMLR62; 1986MhLJ164
..... a spouse or by the spouses has no place in the scheme of these provisions. whether the spouses are hindus or muslims, christians or parsis, pagans or heathens, is wholly irrelevant in the application of these provisions. the reason for this is axiomatic, in the sense that section 125 is a part of the ..... is inevitable that the parents cannot claim maintenance from their married daughter. according to him, cl. (d) in s. 125(1) was added by an amendment to the code in the year 1973. such a provision was not made in the old cr.p.c. viz. section 488. unless there is an obligation ..... not of the civil laws which define and govern the rights and obligations of the parties belonging to particular religions, like the hindu adoptions and maintenance act, the shariat, or the parsi matrimonial act, section 125 was enacted in order to provide a quick and summary remedy to a class of persons who are unable to ..... are two or more children the parents may seek the remedy against any one or more of them.' after quoting this part of the report, the kerala high court observed :-'here instead of using the expression 'sons', the expression used is 'children'. this is indicative of the intention of the legislature that ..... has placed reliance upon the decision of the andhra pradesh high court in repalli masthanamma v. thota sriramulu (1982) 1 awr 393 and the decision of the kerala high court in m. areefa beevi v. dr. k. m. sahib, .6. for properly appreciating the controversy raised before me, it will be worthwhile .....Tag this Judgment!
Court : Karnataka
..... supra) insofar as it holds that the 2009 act is applicable to aided minority schools is not correct. 47. in the result, we hold that the constitution (ninety-third amendment) act, 2005 inserting clause (5) of article 15 of the constitution and the constitution (eighty-sixth amendment) act, 2002 inserting article 21a of the constitution do ..... the people nor the establishment of a school by a person or group of persons from amongst the minorities ipso facto entitle it to claim the minority status, notwithstanding that it has been admitting the students mainly from ..... become invariably minority schools, as per the understanding of the respondent no. 9. there is no dispute that the par sis, christians and muslims are the minorities in a given state, but it does not mean that they cannot start the schools and colleges for the benefit of all ..... minority of that state else its character of minority institution is lost. however, to borrow the words of chief justice s.r. das (in kerala education bill) a 'sprinkling' of that minority from other state on the same footing as a sprinkling of non-minority students, would be permissible ..... is only an open acceptance of a legal character, which would have necessarily existed antecedent to such recognition. he would contend that there is no law requiring prior declaration of its minority status at the hands of an authority. to support his contention, he read out paragraph no. 12 from .....Tag this Judgment!
Court : Karnataka
..... (supra) insofar as it holds that the 2009 act is applicable to aided minority schools is not correct.47. in the result, we hold that the constitution (ninety-third amendment) act, 2005 inserting clause (5) of article 15 of the constitution and the constitution (eighty-sixth amendment) act, 2002 inserting article 21a of the constitution do not ..... all the people nor the establishment of a school by a person or group of persons from amongst the minorities ipso facto entitle it to claim the minority status, notwithstanding that it has been admitting the students mainly from ..... group would become invariably minority schools, as per the understanding of the respondent no.9. there is no dispute that the parsis, christians and muslims are the minorities in a given state, but it does not mean that they cannot start the schools and colleges for the benefit of ..... else its character of minority institution is lost. however, to borrow the words of chief justice s.r. das (in kerala education bill) a 'sprinkling' of that minority from other state on the same footing as a sprinkling of non-minority students, would be permissible ..... of p.a.inamdar and others v. state of maharashtra and others reported in (2005) 6 scc537 102. it necessarily follows from the law laid down in pai foundation that to establish a minority institution the institution must primarily cater to the requirements of that minority of that state .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC
..... ) not to be discriminated against on the ground of religion and sex alone. she avers that she has been discriminated against by that part of muslim personal law which is enforced by the state action by issue of the muslim personal law (shariat) act, 1937. it is submitted that such action is contrary to article 13(1) and is unconstitutional.19. that the truth of the matter is ..... be made to the judgment of this court in p.m. ashwathanarayana setty and ors. v. state of karnataka and ors. : air1989sc100 , his holiness kesavananda bharati sripadagalvaru v. state of kerala and anr. : air1973sc1461 . in this case also no directions appeared to have been issued by this court for the purpose of having uniform civil code within the meaning of article ..... progressive change and order should be brought about. making law or amendment to a law is a slow process and the legislature attempts to remedy where the need is felt most acute. it would, therefore, be inexpedient and incorrect to think that all laws have to be made uniformly applicable to all people in one go. the mischief or defect which is most acute can ..... earlier judgment in prem chand garg v. excise commissioner u.p. allahabad : air1963sc996 , naresh shridhar mirajkar v. state of maharashtra : 3scr744 . smt. ujjam bai v. state of u.p. : 1scr778 and concluded that the citizens should not suffer on account of directions of the court based upon error leading to conferment of jurisdiction. the directions issued by the court .....Tag this Judgment!
Court : Kerala
Reported in : AIR1972Ker27
..... shariat act, 1937 (act 26 of 1937) provides for the application of the personal law in regard to various matters like marriage, succession, dower, guardianship, gifts, trust and trust properties and wakfs. counsel for the appellant cited this enactment in support of his proposition that in all controversies relating to gifts the rule of decision shall be the muslim personal law. i do not think that the, application of muslim personal law to ..... taboo on a mussalman reducing a gift to writing, to get it attested or to get it registered by any public authority. it is significant to notice that before the amending act of 1929 even hindus and budhists had been exempted by section 129 except from section 123. but they were omitted from the exemption provision by ..... and to no other; and that the legislature did not intend to transgress the limits imposed by the constitution.'their lordships approved of the manner of construction adopted by the kerala high court in the calicut city municipal case. indeed, it was an appeal from that writ appeal judgment.19. although the various decisions i have referred to relate to the ..... reported in bibi maniran v. mohammed ishaque (air 1963 pat 229) and another bench decision of the bombay high court which considerably fortifies the plea of the counsel, were discussed at some length. in the bombay case, the learned judges went to the extent of laying down that personal law is not included in the expression 'laws in force' used in article 13 (1 .....Tag this Judgment!