Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Nomination of Sajjadah Nashin and Mutawalli Interpretation of Muslim Law Rules of Zabta (Constitution) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Muslim Law: Rules of Zabta (Constitution) – Interpretation of – Nomination of Sajjadah Nashin and Mutawalli – Fourth Sajjadah Nashin and Mutawalli nominated his grandson (daughter’s son)-respondent no. 1 as Sajjadah Nashin and Mutawalli – Challenge to – Held: Rule 1 of the Zabta cannot be read as laying down any hereditary succession to the office of Sajjadah Nashin and Mutawalli nor can be read to lay down succession to lineal descendants – Succession to the Sajjadah Nashin and Mutawalli is selection by Sajjadah Nashin and Mutawalli – Zabta of Dargah refers to spiritual Sect “Silsila” and the word family (Khandan) has not been used in the limited sense – Respondent who was daughter’s son of fourth Sajjadah Nashin and Mutawalli and who also traced his lineage from the real brother of founder of Dargah, cannot be said to be person not belonging to ‘Khandan’ – Furthermore, Sajjadah Nashin who has been given right to select his successor, his selection and nomination has to be given weight – Even a person of minor age can be selected as Sajjadah Nashin and Mutawalli – Word ‘Sagir Sinn’ in Rule 2 does not mean ‘minor son but means “minor age” – Thus, the courts below correct in reading the Zabta and holding that respondent was eligible to be nominated as Sajjadah Nashin and Mutawalli. |
Judge | Hon'ble Mr. Justice Ashok Bhushan |
Neutral Citation | 2019 INSC 803 |
Petitioner | Peer Gulam Jilani |
Respondent | Peer Gulam Naseer And Ors. |
SCR | [2019] 9 S.C.R. 1122 |
Judgement Date | 2019-07-24 |
Case Number | 10770 |
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