This document is a counter affidavit filed by the All India Muslim Personal Law Board (Respondent No. 7) in response to a writ petition before the Supreme Court of India. The counter affidavit argues that the questions raised in the petition regarding women's entry into mosques relate to religious doctrine and practices, which are matters that courts should not intervene in or interpret. It further summarizes the religious arguments under Islamic law that permit women's entry into mosques for prayer. The counter affidavit asks the court to not consider the relief sought in the petition.
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
- An idol is considered a juristic person under law and can own property. The property of a temple vests with the idol, which is represented by a pujari or guardian.
- The Supreme Court has held that an idol is a juristic person capable of holding property and being taxed through its shebait.
- While a Lahore High Court considered a mosque a juristic person, the Privy Council overturned this, stating there is no analogy between an idol and a mosque.
- The Supreme Court also held that the Guru Granth Sahib is a legal person for Sikhs, as it is their holy text and nucleus of the Gurudwara, though other religious
This document provides arguments regarding a dispute over the formation and alleged breach of a contract for the sale of a vintage car between Mr. Raghav and Mr. Sam. It summarizes the 3 key issues in dispute and provides supporting arguments for each issue in 3 or less sentences.
Issue 1: Whether the offer and acceptance were valid. It argues that the offer and acceptance communicated via telex met the requirements to form a valid contract under the Indian Contract Act.
Issue 2: Whether the revocation of the offer was valid. It argues that the revocation was not valid as it did not comply with provisions for revocation under the Indian Contract Act.
Issue 3: Whether there was a breach of contract.
The document summarizes the main schools of Muslim law. It begins by explaining that after the death of the Prophet Muhammad, two views emerged on succession: the Sunni view supporting election and the Shia view supporting inheritance by relatives. This led to the formation of the two main schools - Sunni and Shia.
The Sunni school is then divided into four sub-schools founded in different regions: Hanafi in Iraq, Maliki in Medina, Shafi'i in Egypt, and Hanbali in Saudi Arabia. The Shia school was founded by Imam Jafar as Sadik and is divided into Ismailis, Athna Asharis, and Zaidis. Each school's
The Charter of 1726 established several reforms to the judicial administration in British settlements in India. It created municipal corporations in each presidency town headed by a mayor. It also established the Mayor's Court to handle civil and testamentary cases according to English law and allow appeals first to the local governor's council and ultimately to the Privy Council in England. This charter helped introduce English law to India for the first time and established a royal judicial system and appeals process that would last over two centuries.
LLB LAW NOTES ON HINDU LAW FAMILY LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document discusses the development of the two main schools of Hindu law - the Mitakshara school and Dayabhaga school. It notes that the schools emerged from commentaries on ancient Hindu law texts (smritis) by different scholars. Over time, the commentaries incorporated local customs and practices, leading to differences between the schools. The key differences between the Mitakshara and Dayabhaga schools relate to concepts like joint family property, rights of family members, inheritance principles, and the doctrine of factum valet. However, under modern Hindu law as governed by statutes like the Hindu Succession Act, differences between the schools no longer apply.
- An idol is considered a juristic person under law and can own property. The property of a temple vests with the idol, which is represented by a pujari or guardian.
- The Supreme Court has held that an idol is a juristic person capable of holding property and being taxed through its shebait.
- While a Lahore High Court considered a mosque a juristic person, the Privy Council overturned this, stating there is no analogy between an idol and a mosque.
- The Supreme Court also held that the Guru Granth Sahib is a legal person for Sikhs, as it is their holy text and nucleus of the Gurudwara, though other religious
This document provides arguments regarding a dispute over the formation and alleged breach of a contract for the sale of a vintage car between Mr. Raghav and Mr. Sam. It summarizes the 3 key issues in dispute and provides supporting arguments for each issue in 3 or less sentences.
Issue 1: Whether the offer and acceptance were valid. It argues that the offer and acceptance communicated via telex met the requirements to form a valid contract under the Indian Contract Act.
Issue 2: Whether the revocation of the offer was valid. It argues that the revocation was not valid as it did not comply with provisions for revocation under the Indian Contract Act.
Issue 3: Whether there was a breach of contract.
The document summarizes the main schools of Muslim law. It begins by explaining that after the death of the Prophet Muhammad, two views emerged on succession: the Sunni view supporting election and the Shia view supporting inheritance by relatives. This led to the formation of the two main schools - Sunni and Shia.
The Sunni school is then divided into four sub-schools founded in different regions: Hanafi in Iraq, Maliki in Medina, Shafi'i in Egypt, and Hanbali in Saudi Arabia. The Shia school was founded by Imam Jafar as Sadik and is divided into Ismailis, Athna Asharis, and Zaidis. Each school's
The Charter of 1726 established several reforms to the judicial administration in British settlements in India. It created municipal corporations in each presidency town headed by a mayor. It also established the Mayor's Court to handle civil and testamentary cases according to English law and allow appeals first to the local governor's council and ultimately to the Privy Council in England. This charter helped introduce English law to India for the first time and established a royal judicial system and appeals process that would last over two centuries.
LLB LAW NOTES ON HINDU LAW FAMILY LAW
FREE AFFIDAVITS AND NOTICES FORMATS
FREE AGREEMENTS AND CONTRACTS FORMATS
FREE LLB LAW NOTES
FREE CA ICWA NOTES
FREE LLB LAW FIRST SEM NOTES
FREE LLB LAW SECOND SEM NOTES
FREE LLB LAW THIRD SEM NOTES
FREE LLB LAW FOURTH SEM NOTES
FREE LLB LAW FIFTH SEM NOTES
FREE LLB LAW SIXTH SEM NOTES
FREE CA ICWA FOUNDATION NOTES
FREE CA ICWA INTERMEDIATE NOTES
FREE CA ICWA FINAL NOTES
KANOON KE RAKHWALE INDIA
HIRE LAWYER ONLINE
LAW FIRMS IN DELHI
CA FIRM DELHI
VISIT : https://www.kanoonkerakhwale.com/
VISIT : https://hirelawyeronline.com/
The document discusses the transfer of cases between courts in India. It defines transfer of suit under Sections 22 and 23 of the Code of Civil Procedure, which allows a civil court to transfer a suit from one civil court to another on a defendant's application. The objective of case transfers is to maintain fairness in trial procedures, protect the reputation of courts, and uphold high moral standards among judiciary members. Conditions for transfer include the suit being pending in a competent court, the transferee court being subordinate to the transferring court, and the transferee court having competency to try or dispose of the suit. Courts have the power to transfer cases between subordinate courts at any stage of proceedings, and can start proceedings from the point of transfer
Mahr is an obligation for the husband to pay a sum of money or property to his wife at the time of marriage according to Islamic law. It differs from dowry which is property brought by the bride. Mahr can be prompt (paid at marriage) or deferred (paid later). The wife has a legal right to mahr which she can enforce through the courts by filing a lawsuit within 3 years. Case law has established that the wife can refuse conjugal relations until prompt mahr is paid, even if the marriage was previously consummated. The courts also have discretion to make restitution of conjugal rights conditional on payment of unpaid prompt mahr.
This document defines void agreements and lists specific types of agreements that are considered void under Indian contract law. A void agreement does not create any legal obligations as it lacks at least one essential element of a valid contract, such as consideration, lawful object, or agreement between competent parties. The document then lists 13 types of agreements that have been declared void by law, including those made with incompetent parties, without consideration, in restraint of marriage or trade, contingent upon impossible events, or requiring impossible acts.
The analytical school of jurisprudence views law as a command by a sovereign backed by sanctions. The key exponents were Jeremy Bentham and John Austin. Bentham rejected natural law theories and viewed law through a utilitarian lens, while Austin defined law as the command of the sovereign. Austin is considered the father of the analytical school, which treats law in a positive, scientific manner rather than how it ought to be. The analytical school examines legal concepts, the relationship between law and other forms of law, theories of liability, and legal sources of law.
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
1) Tulk, the original owner of some houses, sold a piece of land to E with a covenant that the land would remain an ornamental garden with no buildings. 2) Over time, the land was sold multiple times until it was purchased by Moxhay, who had notice of the covenant but attempted to build on the land. 3) The court held that in equity, the covenant was binding on subsequent purchasers like Moxhay, and enforced the covenant by injunction, since Tulk had a legitimate interest and Moxhay had notice.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Moot courts involve simulated legal proceedings that allow law students to develop their oral advocacy, research, and legal writing skills. A typical moot court competition involves student teams arguing a hypothetical legal case before a panel of judges. The document outlines the essential components of a moot court, including petitioners, respondents, and judges. It then discusses the procedural aspects like opening arguments, detailed arguments applying law to facts, and concluding arguments summarizing the team's position. Participating in moot courts provides students with important benefits like networking opportunities, enhancing research and writing abilities, building confidence, gaining practical legal knowledge, and learning teamwork skills. Employers value the experience students gain from regular moot court participation.
The document discusses the sources of Muslim law, which can be categorized as ancient, customary, and modern sources. The four ancient sources accepted by all Muslim law schools are the Quran, Sunnah, Ijma, and Qiyas. Custom was also an important source historically but was superseded by the Sharia Act of 1937. Modern sources that have influenced Muslim law include principles of equity and justice, judicial precedents, and legislation during the British colonial period.
There are key differences between an appeal and a revision under the law. An appeal is a right created by law that allows parties to challenge a judgment or final order in a higher court and raise questions of law and fact. A revision is a duty imposed on courts where a superior court can examine the proceedings of a subordinate court on a question of law. While multiple appeals are possible, only one revision can be filed. An appeal requires a memorandum to be submitted by the appellant, while a revision can be initiated by the court itself.
Lawyers Strike for Professional Ethics Classankitapiyush
1. The document discusses the issue of lawyers' strikes in India based on opinions from various jurists and judicial precedents.
2. It outlines 10 principles arising from the lawyer-client relationship regarding lawyers' obligations to clients and restrictions on strikes.
3. The Supreme Court of India has ruled unambiguously that lawyers have no right to strike and that strikes are illegal, though it allows token protests outside of court premises. Courts are obligated to proceed with cases even if lawyers are striking.
Assault and battery are forms of trespass against a person. An assault is an attempt or threat to inflict unlawful physical harm, while a battery requires unlawful physical contact. For an assault, the plaintiff must prove a threatening gesture caused reasonable fear of harm and the defendant had apparent ability to carry out the threat. For a battery, the plaintiff must prove unlawful physical force was intentionally applied without consent. Defenses include self-defense, protecting property, legal authority, or consent. The remedies for assault and battery include civil damages lawsuits and potential criminal charges.
False Imprisonment and Malicious Prosecution.pptShreyas243008
This document discusses the laws around false imprisonment and malicious prosecution in India. It provides definitions and essential elements for both torts.
For false imprisonment, the key elements are complete deprivation of liberty, knowledge of the restraint by the plaintiff, and the detention being unlawful. Examples of cases are provided to illustrate these elements.
For malicious prosecution, the essential elements are prosecution by the defendant, termination of proceedings in plaintiff's favor, prosecution starting without reasonable cause, prosecution initiated with malice, and plaintiff suffering damages. Again, case examples are used to demonstrate how courts have applied these elements.
Finally, the document distinguishes between false imprisonment and malicious prosecution by comparing their key differences, such as false imprisonment involving direct restraint
This presentation covers key concepts in law including the definition of law, sources of law, precedent, ratio decidendi and obiter dicta. It discusses sources of law in different legal systems like civil law and common law. Precedent establishes principles or rules from prior legal cases that courts use to decide similar future cases. Ratio decidendi is the legal rationale for a decision while obiter dicta are non-binding additional remarks. The difference and advantages/disadvantages of ratio decidendi and obiter dicta are explained through examples.
This document is a memorial submitted on behalf of the respondent in a civil suit filed under Section 9 of the Code of Civil Procedure. It contains the index of authorities cited, a list of abbreviations, statements of jurisdiction and facts of the case, issues raised, summary of arguments, and detailed arguments on each issue. The key issues are whether the offer and acceptance were valid as per the Indian Contract Act, 1872, whether the revocation of offer by the defendant was valid, and whether there was a breach of contract. The respondent argues that while the offer was valid, the acceptance was not as the defendant was unaware of it, and the revocation of offer was valid as per the provisions of the Act. Therefore, no valid
Bombay High Court - Ruling on State cant Compel Citizens to Declare Religionsabrangsabrang
The Bombay High Court ruled that the state cannot compel citizens to declare their religion. It summarized key precedents establishing that religion is a broad concept that is not necessarily theistic, and includes the right to have no religion. While "no religion" cannot be considered a religion itself, citizens have the right to freedom of conscience and do not need to specify a religion on government forms if they do not profess or practice any religion. The court concluded the petitioners could rightfully claim "no religion" instead of a specific faith on official documents.
Immigration Overhaul
Owing to impending changes in UK’s laws, there is good news for Indians as skills rather than nationality will matter, creating a level playing field for all migrants
The document discusses the transfer of cases between courts in India. It defines transfer of suit under Sections 22 and 23 of the Code of Civil Procedure, which allows a civil court to transfer a suit from one civil court to another on a defendant's application. The objective of case transfers is to maintain fairness in trial procedures, protect the reputation of courts, and uphold high moral standards among judiciary members. Conditions for transfer include the suit being pending in a competent court, the transferee court being subordinate to the transferring court, and the transferee court having competency to try or dispose of the suit. Courts have the power to transfer cases between subordinate courts at any stage of proceedings, and can start proceedings from the point of transfer
Mahr is an obligation for the husband to pay a sum of money or property to his wife at the time of marriage according to Islamic law. It differs from dowry which is property brought by the bride. Mahr can be prompt (paid at marriage) or deferred (paid later). The wife has a legal right to mahr which she can enforce through the courts by filing a lawsuit within 3 years. Case law has established that the wife can refuse conjugal relations until prompt mahr is paid, even if the marriage was previously consummated. The courts also have discretion to make restitution of conjugal rights conditional on payment of unpaid prompt mahr.
This document defines void agreements and lists specific types of agreements that are considered void under Indian contract law. A void agreement does not create any legal obligations as it lacks at least one essential element of a valid contract, such as consideration, lawful object, or agreement between competent parties. The document then lists 13 types of agreements that have been declared void by law, including those made with incompetent parties, without consideration, in restraint of marriage or trade, contingent upon impossible events, or requiring impossible acts.
The analytical school of jurisprudence views law as a command by a sovereign backed by sanctions. The key exponents were Jeremy Bentham and John Austin. Bentham rejected natural law theories and viewed law through a utilitarian lens, while Austin defined law as the command of the sovereign. Austin is considered the father of the analytical school, which treats law in a positive, scientific manner rather than how it ought to be. The analytical school examines legal concepts, the relationship between law and other forms of law, theories of liability, and legal sources of law.
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
1) Tulk, the original owner of some houses, sold a piece of land to E with a covenant that the land would remain an ornamental garden with no buildings. 2) Over time, the land was sold multiple times until it was purchased by Moxhay, who had notice of the covenant but attempted to build on the land. 3) The court held that in equity, the covenant was binding on subsequent purchasers like Moxhay, and enforced the covenant by injunction, since Tulk had a legitimate interest and Moxhay had notice.
Transfer of movable property under Private international law is effected by the act of parties or by operation of law. And there are different theories governing transfer of tangible and intangible properties.
Moot courts involve simulated legal proceedings that allow law students to develop their oral advocacy, research, and legal writing skills. A typical moot court competition involves student teams arguing a hypothetical legal case before a panel of judges. The document outlines the essential components of a moot court, including petitioners, respondents, and judges. It then discusses the procedural aspects like opening arguments, detailed arguments applying law to facts, and concluding arguments summarizing the team's position. Participating in moot courts provides students with important benefits like networking opportunities, enhancing research and writing abilities, building confidence, gaining practical legal knowledge, and learning teamwork skills. Employers value the experience students gain from regular moot court participation.
The document discusses the sources of Muslim law, which can be categorized as ancient, customary, and modern sources. The four ancient sources accepted by all Muslim law schools are the Quran, Sunnah, Ijma, and Qiyas. Custom was also an important source historically but was superseded by the Sharia Act of 1937. Modern sources that have influenced Muslim law include principles of equity and justice, judicial precedents, and legislation during the British colonial period.
There are key differences between an appeal and a revision under the law. An appeal is a right created by law that allows parties to challenge a judgment or final order in a higher court and raise questions of law and fact. A revision is a duty imposed on courts where a superior court can examine the proceedings of a subordinate court on a question of law. While multiple appeals are possible, only one revision can be filed. An appeal requires a memorandum to be submitted by the appellant, while a revision can be initiated by the court itself.
Lawyers Strike for Professional Ethics Classankitapiyush
1. The document discusses the issue of lawyers' strikes in India based on opinions from various jurists and judicial precedents.
2. It outlines 10 principles arising from the lawyer-client relationship regarding lawyers' obligations to clients and restrictions on strikes.
3. The Supreme Court of India has ruled unambiguously that lawyers have no right to strike and that strikes are illegal, though it allows token protests outside of court premises. Courts are obligated to proceed with cases even if lawyers are striking.
Assault and battery are forms of trespass against a person. An assault is an attempt or threat to inflict unlawful physical harm, while a battery requires unlawful physical contact. For an assault, the plaintiff must prove a threatening gesture caused reasonable fear of harm and the defendant had apparent ability to carry out the threat. For a battery, the plaintiff must prove unlawful physical force was intentionally applied without consent. Defenses include self-defense, protecting property, legal authority, or consent. The remedies for assault and battery include civil damages lawsuits and potential criminal charges.
False Imprisonment and Malicious Prosecution.pptShreyas243008
This document discusses the laws around false imprisonment and malicious prosecution in India. It provides definitions and essential elements for both torts.
For false imprisonment, the key elements are complete deprivation of liberty, knowledge of the restraint by the plaintiff, and the detention being unlawful. Examples of cases are provided to illustrate these elements.
For malicious prosecution, the essential elements are prosecution by the defendant, termination of proceedings in plaintiff's favor, prosecution starting without reasonable cause, prosecution initiated with malice, and plaintiff suffering damages. Again, case examples are used to demonstrate how courts have applied these elements.
Finally, the document distinguishes between false imprisonment and malicious prosecution by comparing their key differences, such as false imprisonment involving direct restraint
This presentation covers key concepts in law including the definition of law, sources of law, precedent, ratio decidendi and obiter dicta. It discusses sources of law in different legal systems like civil law and common law. Precedent establishes principles or rules from prior legal cases that courts use to decide similar future cases. Ratio decidendi is the legal rationale for a decision while obiter dicta are non-binding additional remarks. The difference and advantages/disadvantages of ratio decidendi and obiter dicta are explained through examples.
This document is a memorial submitted on behalf of the respondent in a civil suit filed under Section 9 of the Code of Civil Procedure. It contains the index of authorities cited, a list of abbreviations, statements of jurisdiction and facts of the case, issues raised, summary of arguments, and detailed arguments on each issue. The key issues are whether the offer and acceptance were valid as per the Indian Contract Act, 1872, whether the revocation of offer by the defendant was valid, and whether there was a breach of contract. The respondent argues that while the offer was valid, the acceptance was not as the defendant was unaware of it, and the revocation of offer was valid as per the provisions of the Act. Therefore, no valid
Bombay High Court - Ruling on State cant Compel Citizens to Declare Religionsabrangsabrang
The Bombay High Court ruled that the state cannot compel citizens to declare their religion. It summarized key precedents establishing that religion is a broad concept that is not necessarily theistic, and includes the right to have no religion. While "no religion" cannot be considered a religion itself, citizens have the right to freedom of conscience and do not need to specify a religion on government forms if they do not profess or practice any religion. The court concluded the petitioners could rightfully claim "no religion" instead of a specific faith on official documents.
Immigration Overhaul
Owing to impending changes in UK’s laws, there is good news for Indians as skills rather than nationality will matter, creating a level playing field for all migrants
India, most popularly acknowledged as the land of spiritual beliefs, philosophical thinking, culture, has also been the birthplace of quite a few number of religions out of which some of them exist in this era as well.
‘Religion’ is entirely a matter of choice, perception and belief.
People in this country have a strong faith and dependence when it comes to their religion as they perceive that religion adds meaning and reason to their lives.
When it comes to people who are extremely devoted to their religion, they leave no stone unturned in showing a substantial amount of fidelity towards their respective religion.
This document summarizes Articles 11-13 of the Federal Constitution of Malaysia, which protect fundamental liberties such as freedom of religion, right to education, and freedom of religion. It discusses in detail the scope of protection for freedom of religion for both Muslims and non-Muslims. There are restrictions on this right for purposes of public order, public health, morality, and to prevent disturbance of peace and harmony. Conversion and apostasy are particularly complex issues involving both religious and constitutional dimensions in Malaysia's multiethnic, multireligious society.
The case involved Lina Joy, a Muslim woman who wished to convert to Christianity. She sought to change her name and remove 'Islam' from her identity card without obtaining a certificate from the Shariah court declaring that she had renounced Islam. The courts dismissed her application, ruling that as a Muslim she was subject to Shariah laws on apostasy and the finality of her decision to convert was within the jurisdiction of the Shariah court, not civil courts. The ruling affirmed that while freedom of religion is protected, Muslims must follow Shariah procedures for converting out of Islam which requires renunciation to be determined by the Shariah court.
The case involved Lina Joy, a Muslim woman who sought to change her name and remove any reference to Islam from her identity card without obtaining approval from the Shariah court. The court dismissed her application, ruling that:
1) While Article 11 of the Malaysian Constitution guarantees freedom of religion, this does not provide absolute freedom to choose or change one's religion, especially for Muslims.
2) Article 11 must be read together with other provisions that recognize Islam as the dominant religion and grant religious authorities power over Muslim religious affairs.
3) As a Muslim, Lina Joy's decision to renounce Islam must be determined by the Shariah court in accordance with Islamic law, not civil courts.
The document discusses the debate around introducing a Uniform Civil Code (UCC) in India versus retaining personal laws for different religious communities. It notes that while Article 44 of the Constitution calls for a UCC, it is currently a non-enforceable directive principle. There are arguments both for and against a UCC, relating to equality, national integration, and religious freedom. The judiciary has generally upheld personal laws but also introduced some reforms over time through progressive interpretations. Gradual reform of discriminatory aspects of personal laws, rather than an immediate uniform code, has been advocated as a way to balance these issues.
The Supreme Court’s gave the fatwa ruling in the public interest petition filed by an advocate VishwaLochan Madan.The petitioner was prompted to file the petition subsequent to the fatwas issued in the cases of Imrana, Asoobi and Jatsonara.
The document discusses a court case regarding a request to compound an offense under Section 295A of the Indian Penal Code. Section 295A deals with outraging religious feelings. The court denies the request to compound the offense, noting that offenses under Section 295A carry a wider social impact that could disturb India's secular fabric. The court also notes that the applicant admitted guilt by apologizing in court for the offense of using derogatory religious remarks online. Therefore, the court rejects both the compounding request and the C482 application, requiring the offense to be tried in court according to criminal procedure law.
Sadly for Bharat that is India, even as its ancient ethos was corrupted by inane interpolations in Bhagavad-Gita, its philosophical source, its post-colonial political course in its Constitution was shaped by thoughtless men that lacked hindsight, making it a double jeopardy for the Hindus, its ancient people. While the Hindu social order is beset by the caste-coloured interpolations in the Gita that exacerbate its divisiveness, its demographic matrix is upset by the thoughtless right granted by the Constitution for the propagation of an individual’s faith in India’s multi-religious setting.
So, we should set out to examine the fallacies of the interpolations in the divine discourse and the incongruities in the mundane exercise, tom-tommed as the Idea of India.
Religion under Companies Act, 2013 and Income Tax Act, 1961 - T. N. PandeyD Murali ☆
1. The document discusses how the terms "religion" and "religious purposes" are defined differently under the Companies Act of 2013 and the Income Tax Act of 1961, despite being used in both laws.
2. Under the Companies Act, an organization can be registered as a company to promote "religion" without restrictions, but the Income Tax Act imposes more regulations and restrictions on religious activities and trusts.
3. Specifically, the Income Tax Act distinguishes between charitable and religious purposes, does not allow tax benefits for trusts serving particular religious communities, and only exempts public religious trusts. In contrast, the Companies Act allows unrestricted registration of companies promoting religion.
4. The document argues that
The document summarizes a case study on triple talaq submitted to a professor. It provides background on different types of talaq (divorce) in Muslim personal law. It then discusses how the triple talaq case relates to historical school/customary laws and analytical school/statutory laws. It outlines the Supreme Court judgment which held triple talaq unconstitutional as violating the right to equality. It calls for the government to curb this practice through policy and education.
WHEN RELIGIONS DISCRIMINATE, THE CONSTITUTION SAVES:
A REVIEW OF THE “MINISTERIAL EXCEPTION” TO THE CIVIL RIGHTS ACT
Jacob Nemon, Temple University Beasley School of Law
April 2010
This document appears to be a summary of a Supreme Court of India judgment regarding challenges to a government order in Karnataka related to school uniforms. The summary provides background on India's concept of secularism as adopted in the constitution, discussing how it differs from Western notions of secularism. It also discusses past Supreme Court rulings that established secularism and equality regardless of religion as basic structures of the Indian constitution. The summary then discusses the specific challenges and issues addressed in the current case related to the school uniform order.
This document appears to be a judgment from the Supreme Court of India regarding the interpretation of secularism under the Indian Constitution. In 3 sentences:
The judgment discusses how secularism in India is distinct from Western notions and emphasizes equal treatment of all religions without preference by the state. It examines past judgments that have established secularism and equal treatment of religions as basic features of the Constitution. The document also discusses how education must handle different religions with equal respect and without discrimination.
Judgement: Praveen Togadia (Hate speech) case sabrangsabrang
The Supreme Court of India overturned a high court decision that had quashed an order restricting a religious leader, Dr. Praveen Bhai Togadia, from entering a district for 15 days. The district administration had issued the order due to concerns that Togadia's speeches had previously incited communal tensions and another speech could inflame tensions. The Supreme Court ruled that maintaining law and order and communal harmony justified such a restrictive order by the district administration, even without prior opportunity for the individual to be heard, and that courts should not interfere in such matters without evidence of abuse of power.
Togadia A Serial Offender: SC Upholds Ban on Entry in 2004 sabrangsabrang
1) The Supreme Court overturned a high court decision that had quashed an order by an Additional District Magistrate (ADM) restricting Dr. Praveen Bhai Togadia from entering a district for 15 days due to concerns over inflammatory speeches inciting communal tensions.
2) The Supreme Court ruled that maintaining public order and communal harmony was paramount, and the ADM was justified in issuing the restriction order given the respondent's prior conduct and the sensitive communal situation in the area.
3) The court also held that interference in administrative decisions on law and order issues should be exceptional, not routine, unless the order was patently illegal or motivated by political considerations.
Supreme Court of India - Upholds Karnataka DM Restrictions of Praveen Togadia...sabrangsabrang
- The Supreme Court of India heard an appeal regarding an order passed by an Additional District Magistrate (ADM) restraining Dr. Praveen Bhai Togadia from entering a district for 15 days due to concerns over inflammatory speeches inciting communal tensions.
- The high court had quashed the ADM's order, finding that the ADM did not have the jurisdiction to pass such an order. The Supreme Court overturned this decision, finding that the ADM did have the proper powers and the order was reasonably aimed at maintaining law and order.
- The Supreme Court emphasized that preventing speeches or actions that undermine communal harmony and secularism is important, and authorities should have discretion to swiftly prevent potential disturbances through
Fatwa is part of the doctrine of Islamic legal scholars. The Fatwa of the National Sharia Council of the Indonesian Ulema Council in response to issues related to the economic and banking syanriah proposed by Bank Indonesia and the Shariah economic actors. The problem is whether the fatawa of Dawan Syariah Nasional MUI is made a Shariah economic law law by a judge in the context of Sharia banking / banking? Research is normative research with approach of law and concept approach. Shariah Syariah Products and Sharia (Islamic) Sharia (Islamic) Shariah Boarding Board's fatwa is the foundation of Sharia Banking and Economy, by Bank Indonesia of Shari'ah Council MUI Board in the management of Shariah bank implementation, and the schedule judge in the definition of DHCP Shariah economic case
Similar to Counter affidavit of the resp no. 7 aimplb (20)
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
1. 0
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
W.P. (C) NO. 472 OF 2019
(PIL)
IN THE MATTER OF :
YASMEEN ZUBER AHMAD PEERZADE & ANR. … PETITIONER
VERSUS
UNION OF INDIA & ORS. … RESPONDENTS
INDEX
S.
NO.
PARTICULARS PAGES
1 COUNTER AFFIDAVIT ON BEHALF OF
RESPONDENT NO. 7, THE ALL INDIA
MUSLIM PERSONAL LAW BOARD
1-7
[PAPER BOOK]
ADVOCATE FOR THE RESPONDENT NO.7 M. R. SHAMSHAD
2. 1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
W.P. (C) NO.472 OF 2019
(PIL)
IN THE MATTER OF :
YASMEEN ZUBER AHMAD PEERZADE & ANR. … PETITIONER
VERSUS
UNION OF INDIA & ORS. … RESPONDENTS
COUNTER AFFIDAVIT ON BEHALF OF RESPONDENT NO. 7, THE ALL
INDIA MUSLIM PERSONAL LAW BOARD
I, Mohammed Fazlurrahim, aged about 62 years, son of Late Mohammed
Abdurrahim, am the Secretary of the All India Muslim Personal Law Board
with offices at 76 A/1, Main Market, Okhla Village Jamia Nagar, New Delhi -
110025 (India), presently at New Delhi, do hereby solemnly affirm and state
as under:-
1. That I am one of the Secretaries of the answering Respondent (Respondent
No. 7) in the above referred petition and I am duly authorised to swear the
present counter affidavit on behalf of Respondent No. 7. Accordingly I am
competent to sign this affidavit.
2. That the present Writ Petition has been filed by the Petitioners claiming to
be in public interest. The Petitioners have invoked Articles 14, 15, 21, 25
and 29 of Constitution of India to assert the rights of Muslim women to enter
into Mosque/Masjid (for Namaz inside the Mosque). At the same time, the
Petitioners have also relied upon Islamic principles / provisions to claim the
reliefs as prayed in the petition.
3. It is submitted that, essentially the questions as raised in the petition are
relating to the doctrine of Islamic religious principles. The questions are
directly in relation to tenets of Islam as professed and practiced by followers
of Islam in different Islamic religious denominations in India. The questions
in the present petition are in relation to purely religious principles/ beliefs
3. 2
and it shall not be appropriate for this Hon’ble Court to enter into the
religious practices based upon beliefs of the religion by invoking Articles 14,
15, 21, 25 and 29 of Constitution of India. It is further clarified that the
issues raised in this petition are not the issues pertaining to statute(s). To
put it differently, the rights claimed herein do not merely concern the
management of a religious place neither do they only concern regulating the
activities connected with religious practice. In essence, this Hon’ble Court
has been invited to interpret the religious beliefs and religious practices. It is
not appropriate for this Hon’ble Court to enter into that area. Hence, the
Respondent is of its firm view that the averments/ pleadings in relation to
Articles 14, 15, 21, 25 and 29 of the Constitution of India cannot be
considered and looked into for the prayers as claimed in the present
petition.
4. That during the pendency of the present petition, a five Judge Bench
judgment dated 14.11.2019 has been passed in Review Petition (C) No. 3358
of 2018 (Kantaru Rajeevaru Vs. Indian Young Lawyers Association) and other
connected petitions wherein by majority judgment, this Hon’ble Court has
recorded inter-alia as under:
“5. It is our considered view that the issues arising in the pending cases
regarding entry of Muslim Women in Durgah/Mosque (being Writ
Petition (Civil) No. 472 of 2019); of Parsi Women married to a non-
Parsi in the Agyari (being Special Leave Petition (Civil) No.
18889/2012); and including the practice of female genital mutilation
in Dawoodi Bohra community (being Writ Petition (Civil) No. 286 of
2017) may be overlapping and covered by the judgment under review.
The prospect of the issues arising in those cases being referred to
larger bench cannot be ruled out. The said issues could be:
(i) Regarding the interplay between the freedom of religion under
Articles 25 and 26 of the Constitution and other provisions in Part
III, particularly Article 14.
(ii) What is the sweep of expression ‘public order, morality and
health’ occurring in Article 25(1) of the Constitution.
(iii) The expression ‘morality’ or ‘constitutional morality’ has not been
defined in the Constitution. Is it over arching morality in reference
4. 3
to preamble or limited to religious beliefs or faith. There is need to
delineate the contours of that expression, lest it becomes
subjective.
(iv) The extent to which the court can enquire into the issue of a
particular practice is an integral part of the religion or religious
practice of a particular religious denomination or should that be
left exclusively to be determined by the head of the section of the
religious group.
(v) What is the meaning of the expression ‘sections of Hindus’
appearing in Article 25(2)(b) of the Constitution.
(vi) Whether the “essential religious practices” of a religious
denomination or even a section thereof are afforded
constitutional protection under Article 26.
(vii) What would be the permissible extent of judicial recognition to
PILs in matters calling into question religious practices of a
denomination or a section thereof at the instance of persons who
do not belong to such religious denomination?”
5. That in light of the above, and this Hon’ble Court being a Constitutional
Court, it may be more appropriate to decide the following issues:-
i. Should the court judicially determine the meaning of faiths and the extent of
constitutional protection from interference in their practices considering
the diversity of both faiths and religious denominations practicing
particular faiths?
ii. Should not a religious denomination be the sole authority to determine its
essential religious practices and should the court exercise jurisdiction in
question the essential features of such practices?
iii. Except in the context of threat to life and liberty, should the court even
attempt to answer issues that are matters of faith alone?
iv. Should not a constitutional court only take up such matters for judicial
determination which are brought before it in respect of State action, which
seeks to interfere in religious beliefs and the practice of the essential
features of any religion?
v. In the absence of any such state action, should issues of faith not be left to be
resolved through the processes of social transformation within the religious
faith itself instead of the court seeking resolution through judicial process?
5. 4
vi. Are interfaith conflicts not best resolved through the religious denomination
itself rather than be subject matter of judicial determination?
vii. Should any person other than a member of a religious denomination be
allowed to question the faith of another religious denomination? Should
member of a religious denomination belonging to that faith, in the event of
any violation of their fundamental rights, only to the extent of a threat to
life and liberty, have the locus to seek the protection of the court and
determine the issues of faith arising therefrom?
6. It is submitted that the questions raised in the present petition are not in the
background of state action. The practices of religion on the places of
worship (which in the present matter are Masjids) are purely private bodies
regulated by Muttawalis of the Mosques. We being body of experts, without
any State powers, can only issue advisory opinion, based on Islam. The
answering Respondent, and this Hon’ble Court for that matter, cannot enter
into the arena of detailed arrangements of a religious place, which is
completely privately managed entity for religious practices of believers in
particular religion.
7. That, apart from the above, the core issue of the Petitioner in the present
petition is entry of Muslim Women in the Mosque for offering Namaz. The
same is reflected from pages 48-49 & 55 of the petition. The answering
Respondent submits its reply purely in the light of religious
doctrine/tenets/belief in Islam. Considering the said religious texts, doctrine
and religious belief of the followers of Islam, it is submitted that entry of
women in the Mosque for offering prayer/Namaz, inside the Mosque, is
permitted. Thus, a Muslim woman is free to enter Masjid for prayers. It is
her option to exercise her right to avail such facilities as available for
prayers in Masjid. The All India Muslim Personal Law Board does want to
comment on any contrary religious opinion to this effect. Islam has not made
it obligatory on Muslim women to join congregational prayer nor is it
obligatory for woman to offer Friday Namaz in congregation though it is so
on Muslim men. The Muslim woman is differently placed because as per
doctrines of Islam she is entitled to the same religious reward (Sawab) for
praying as per her option either in Masjid or at home.
6. 5
In support of above two issues, the Answering Respondent seeks liberty to
rely upon the following Hadiths:-
(i) Namaz in congregation is not obligatory for women:
(a). It was learned that thought the permission was given to women to
pray in the mosque; but the congregation is not obligatory for them
like men; that’s why women didn’t attend the congregation of mosque
generally in the time of the Prophet peace be upon him, Alauddin
Kasani Hanafi says: sane, mature(major), independent, able to go the
mosque, non-disabled, on men, the prayer with congregation is
obligatory, the congregation is not obligatory on women.(Badae as
Sanae:1/84-385)
(b). The jurists of Shawafe school of thought also defined that
participation of women in congregation is not mandatory. (Al jamu
commentary of Almohazzab:4/188, Bab salatuljuma)
(c). The jurists of Ahnaf school of thought say that prayer with
congregation for women is not Farzain not Farzkifaya.
(ii) Friday prayer is not obligatory for women, in this regard different
Prophet’s sayings and traditions are narrated:
(a). Tarique bin Shahab narrated by the Prophet peace be upon him: He
said that the performing Friday prayer with congregation on Friday
is obligatory for all Muslims except four persons and they are:
slave, child , woman and patient. (Sunan Abudaud:1067)
(b). Narrated by Mohammad bin Kaab bin al -Qarzi: he said that the
Messenger of Allah peace be upon Him said: whoever believe in
Allah and the Last Day, must perform the Friday prayer on Friday
except woman,child,slave, or patient.(MosannafibnAbiShaiba,
Hadith number: 5149)
(c). Narrated by Jabir that the Messenger of Allah peace be upon Him
said: whoever believe in Allah and the Last Day, must perform the
Friday prayer on Friday except patient, traveler, woman, child, or
slave. (Sunan al - Daar qutni:1579).
7. 6
(d). Narrated by Abi Hazim master of Al-Zubbair: he said that the
Messenger of Allah peace be upon Him said: the Friday prayer is
obligatory for every adult except four: child, slave, woman, and
patient. (Mosannafibn AbiShaiba, Hadith number: 5148, Al- Sunan
Al- Kubra lilBaihaqi, Hadith number:5635)
(e). Narrated by Abu Huraira that the Messenger of Allah peace be
upon Him said: do not forbid the female slaves of Allah to go to the
mosques of Allah, however, they must go in simple dresses.
(SunanAbudaud: 565, SahihIbnKhozaima: 1679)
(f). Narrated by Abdullah bin Umarthat the Messenger of Allah peace
be upon Him said: do not forbid the female slaves of Allah to go to
the mosques of Allah.(Moatta Malik:674, Musnad Ahmad :4655)
(g). As far as Islamic jurists’ opinion in this regard is concerned they all
them are unanimous that the Friday prayer is not obligatory for
women, it is the reason for what a great Islamic jurist Allama
Khitabi said:
Islamic jurists are unanimous that the Friday prayer is not
obligatory for women. (Ma’alimussonan:1/243)
8. That prayer relating to appropriate writ of certiorari seeking quashing of
Fatwa restraining the Muslim women to enter into Mosque is an issue on
which the answering Respondent submits that the said relief becomes
irrelevant in view of what has been stated above in relation to entry of
women into Mosque for offering Namaz. The present respondent has taken
stand, as per Islamic texts, that entry of woman into Mosque for Namaz is
permitted. Any other fatwa to this effect may be ignored.
However, on the sanctity of Fatwa, it is submitted that it is an
opinion based upon religious texts, doctrine and their interpretation and has
no statutory force. In case, if some believer of Islam is of the opinion that
he/she needs religious opinion/fatwa, based upon interpretations of
religious texts, then delivering of Fatwa on that issue cannot be restrained
by judicial order of this Hon’ble Court as the same shall directly hit the right
and freedom of religious belief of an individual. Upon having received the
opinion, it is for the follower of Islam, who seeks Fatwa, either to accept the
same or not.
8. 7
9. The other reliefs as prayed in prayer (c), (d), (f) does not deserve to be
considered by this Hon’ble Court for the same reasons as stated above. The
Answering Respondent seeks liberty to file detailed affidavit, in case
circumstances so require.
DEPONENT
VERIFICATION
Verified at New Delhi on this 28th day of January 2020 that the contents of
the above affidavit in above paras are true and correct to the best of my
knowledge as per religious texts, knowledge as per records and belief and
nothing material have been concealed therefrom.
DEPONENT
DRAWN & FILED By
Filed on:29.01.2020
[M.R.SHAMSHAD]
Advocate for the Respondent No. 7
B-4 [LGF] Jangpura Extension
New Delhi 110014