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(1962) 1 MLJ 162 (SC)
IN THE SUPREME COURT OF INDIA
Present : J. L. Kapur, M. Hidayatullah and J. C. Shah
Case Number(s) : Civil Appeal No. 512 of 1957.
Judgement Date :
Tuesday 14th of February 1961
| C. Mohammad Yunus | .....Appellant(s) | | Versus | | | Syed Unnissa and others | .....Respondent(s) |
Limitation Act (IX of 1908), Article 120 — Trustees in management of institutions under a scheme decree -Surplus to be distributed by them — Right to share in surplus — Right to sue, when accrues.
Specific Relief Act (1 of 1877), section 42 — Suit for declaration of rights with consequential relief of injuntion — Maintainability.
Shariat Act (XXVI of 1937) (as amended by Madras Act (XVIII of 1949)), section 2 — Construction — If retrospective — Effect on custom excluding females from inheritance and rights in Wakf.
Practice — Findings of trial Court not canvassed before the High Court in Second Appeal — No permitted to be raised (before it) by the Supreme Court.
Cases Referred
Rosham Ali v. Mt. Rehmat Bibi and others A.I.R. 1943 Lah. 219
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