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1 - 10 of 13 (0.37 seconds)Section 13 in Government of India Act, 1935 [Entire Act]
Abdurahim Haji Ismail Mithu vs Halimabai on 3 December, 1915
16. The existing position with reference to the parties before me in this matter is that the Courts take judicial notice of the primary fact that Mussalmans ordinarily follow what are known as rules of Muhammadan law (see, for instance, Abdulrahim Haji Ismail Mithu v. Halimabai (1915) L.R. 43 I.A. 35 : s.c. 18 Bom. L.R. 635). As the great majority of the Mussalmans in India follow the Hanafi school of Sunni law, the Courts presume that Muslims in India follow the Hanafi law unless the contrary is alleged and proved. Similarly, the presumption is that if the parties are Shiahs, they are governed by the Shiah law. The great majority of Shiahs, in their turn being Ithna Asharis, their exposition of the law is enforced, unless the parties show that their particular rule is different.
Sevak Kirpashankar Daji vs Gopalrao Manohar Tambekar on 1 May, 1912
30. Mr. Setalvad relied on Sevak Kirpashankar v. Gopalrao (1912) 15 Bom. L.R. 13,
P.C., He drew my attention to Clause 11 of the scheme adopted by the Privy Council in that case. That clause he contended is a precedent to be followed, It is to this effect-
Article 108 in Constitution of India [Constitution]
The Indian Evidence Act, 1872
Section 17 in Government of India Act, 1935 [Entire Act]
Section 27 in Government of India Act, 1935 [Entire Act]
Section 37 in Government of India Act, 1935 [Entire Act]
Muhammad Ismail Khan vs Lala Sheomukh Rai And Musammat ... on 8 November, 1912
Much more recently, the Privy Council in a case involving the consideration of these
principles Muhammad Ismail Khan v. Lala Sheomukh Rai (1912) 15 Bom. L.R. 76 : s.c. 17
C.W.N. 97 P.C. gave no reasons for arriving at a decision causing the reversal of the established practice of the Allahabad High Court. The Privy Council laid down that customs in derogation of the law of Islam ought to be allowed to be proved even in cases governed by an enactment to the imperative effect that the rule of decision shall be the Muhammadan law.