2025 5 Supreme 494

Consequently, when the statutory language is plain and the meaning is clear, there can be no implied exclusion. ... to be a Muslim Member of the Bar Council. ... Assembly, and Muslim Members of the Bar Council. ... Whether a Muslim Member of the Bar Council of the State or the Union territory (hereinafter referred to as "the #HL_STAR....

2025 0 Supreme(Telangana) 67

Procedure 4: 2021 SCC OnLine Ker 2054 ) held that the Quran entitles a Muslim wife to the right of Khula to annul her marriage without prescribing a procedure. This would indicate that fairness of procedure should be followed. ... The Division Bench observed that the Review Petition may have been filed at the behest of individuals representing a conservative section of Muslim scholars wh....

Federal Court Putrajaya

[40] The decision clarifies that if someone claims to 'never have been a Muslim' as opposed to 'no longer is a Muslim', he or she is entitled to make that claim in the civil secular courts. ... (As a matter of civil procedure, the Divorce and Matrimonial Proceedings Rules 1980 allows for an exception to the general rule that a third party should be joined. However, the fact of adultery ....

2024 0 Supreme(Del) 512

This Court, while considering the same, has already reiterated the procedure for arrest and search of place in the preceding paragraphs, which finds its mention in the statutory laws and has also been laid down by the Courts in a plethora of judgments. ... Present Day Legal Framework for Protection of the Dignity of Women During Investigation of a Criminal Case Procedure of Arrest of a Woman Procedure ....

The law remains that the civil courts shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah Courts. ... This approach is what has become known as ‘the remedy approach’. ... [41]The issue in this case is where the subject matter of a cause or matter requires a determination of ‘whether a person is or is not a Muslim under the law’ ra....

2024 0 Supreme(All) 1640

However, it goes without saying that the courts are not to take a liberal approach in condonation of delay in the absence of sufficient cause. ... The law of Limitation has no application to the right of a Muslim Woman filing an application u/s. 3(1) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, it being a right of recurring nature, and bar of limitation is not laid down.27. ... In ....

2023 0 Supreme(AP) 3

It is then stated that he followed Muslim Personal Law and pronounced Talaq as referred in the plaint and that the wife received iddat amount and suppressing those facts this petition is filed. Whether he followed Muslim Law and procedure is to be decided at the trial and not in this petition. ... Law declared by the Hon’ble Supreme Court of India is law and it binds on all the Courts. Triple Talaq is hel....

Whilst we agree with the approach adopted by Abdul Hamid J following Habibullah, that when there is a challenge to jurisdiction the correct approach is to look at the State Enactments to see whether or not the syariah courts have been expressly ... This raised the question of which court – syariah court or civil courts – has the jurisdiction to determine this issue. ... In other words, t....

2024 0 Supreme(Guj) 2230

Custom, usages and personal law have a significant impact on the civil status of individuals. ... It is next submitted that considering the provisions of the Mahomedan Law, there is no bar that the gift deed cannot be challenged. Also, there is no bar that the civil court has no jurisdiction and therefore, whether the plaintiff has any right or not; it is to be decided at the time of the....

They may be granted at any period of a suit, and are regulated by the law relating to civil procedure. ... The difficulty is in the constitutional bar to the Syariah Courts’ jurisdiction over a non-Muslim. It could be difficult to overcome the objection that to make the non-Muslim spouse a party to an application under the section would breach the constitutional bar. ......

2014 0 Supreme(SC) 514

They are not mandatory and do not prohibit any Muslim to approach Courts established by law for adjudication of their disputes. The stand of the State of U.P. is that Fatwas are advisory in nature.

2012 0 Supreme(MP) 83

Statutory bar is introduced for the Courts in certain circumstances. This is age old principle of law that if something is provided in law, it has tobe followed in the same manner or not at all. This view is taken in (2011)10 SCC 714 (J & K Housing Board v. Kunwar Sanjay Krishan Kaul), and 2011(2) MPLJ 690 (Satyanjay Tripathi v. Banarsi Devi).

2011 0 Supreme(Ker) 882

All that remains to be considered is whether there is any implied bar. We have been taken through the provisions of the M.W Act, particularly Sections 3 and 4. There is no dispute and it is virtually accepted that there is no express provision in the M.W Act ousting the civil courts of their jurisdiction under Section 9 of the C.P.C.

Current Civil Cases

Act ousting the civil courts of their jurisdiction under Section 9 of the CPC. All that remains to be considered is whether there is any implied bar. We have been taken through the provisions of the M.W. Act, particularly Sections 3 and 4.

2008 0 Supreme(Kar) 759

On a conspectus reading of these provisions, it becomes clear that it is only the Motor Accidents Claims Tribunal that is invested with the jurisdictions or determination of claims in respect of death or bodily injuries on account of the use of a motor vehicle under the Act. However, the question for our consideration is as to whether the claim petition under Section 166 initially filed was maintainable and if not whether the Tribunal could have permitted conversion of the said petition to one....