Muslim Law -- Minor - Guardian - The only relations who are legal guardians of the property of minor are (1) the father and (2) the father's father - No other person is entitled to the guardianship of the property of a minor as of right, not even the mother, brother or uncle - However, father of the paternal grandfather of minor may appoint mother, brother, uncle or any..........
Mohammedan Law, Section 281 -- Mulla's Principles of Mohammedan Law - Restitution of conjugal rights - Marriage stated to have taken place according to Muslim customs - Respondent denied the factum of marriage - Kaji who performed marriage not examined - His signatures on Nikahnama not got examined by a handwriting expert - Serious apprehension cast to the factum of..........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Divorced Muslim woman - Provision for shelter - No direction can be issued to former husband to provide a house to his divorced wife for her shelter...........
Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 3 -- Divorced Muslim woman - Maintenance during Iddat period - Entitlement of a divorced woman is to get a reasonable and fair provision and maintenance, with effect from date of divorce and it includes her claim for the iddat period also - Over and above the amount calculated for reasonable and fair..........
Hindu Marriage Act, 1955, Section 8 -- Registration of marriage - Marriage between a Muslim and a Hindu - Marriage Officer is not competent to register such a marriage - Registration of such a marriage is per se illegal and does not give any marital status to the parties - Even otherwise, in absence of any claim and allegation by any party relating to solemnization of..........
Mulla's Principles of Mahomedan Law -- Clause 259(1) - Marriage - Mahomedan law - Marriage under the Mahomedan law is a civil contract and attracts all the incidents of contract - An idolatress or a fire-worshiper is not competent to marry a Muslim person - A marriage, however, with an idolatress or a fire worshipper, is not void, but merely irregular...........
Prohibition of Child Marriage Act, 2006, Section 12, Muslim Personal Law (Shariat) Application Act, 1937, Section 2 -- A Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years - Held, this marriage may be void u/s 12 of the Act of 2006 - But it is a valid marriage under Muslim law as per S.2 of Muslim Personal Law (Shariat) Application Act, 1937 which has not..........
Muslim Personal Law (Shariat) Application Act, 1937, Section 2, Prohibition of Child Marriage Act, 2006, Section 12 -- Muslim minor girl aged 15 years marrying a Muslim boy aged 18 years without the consent of natural guardian - Uncle of minor girl filed writ of habeas corpus to recover minor girl from the custody of husband - The girl who is now more than 15 years of age..........
Criminal Procedure Code, 1973, Section 300 -- Double jeopardy - Accused resident of Jalgaon hatched conspiracy against Indian Govt. and Hindus and prepared Bombs and caused Bomb blasts as various places to promote hatred between Hindu and Muslim community - Two of the accused planted bombs at Nagpur City - Trial of all the accused held at Jalgaon - All the accused also..........
Punjab State Election Commission Act, 1994, Section 81 -- One post of Panch reserved for Scheduled Caste - A person Jullaha by profession but professed Muslim faith - Held, not schedule caste within the meaning of Constitution (Scheduled Castes) Order, 1950 - Award of SC certificate by Tehsildar immaterial...........
