Browsing: SC judgment
SC: Muslim Widow Without Children Gets 1/4 Share of Husband’s Property under Mohammedan Law
The Supreme Court in Zoharbee & Anr v. Imam Khan (2025 INSC 1245) ruled that a Muslim widow without children is entitled to one-fourth of her deceased husband’s estate under Mohammedan law. The Court rejected her claim for a larger share, holding that property under an unexecuted “agreement to sell” remains part of the estate until a registered sale deed is executed. Referring to Qur’an 4:12 and Mulla’s Principles of Mahomedan Law, the bench explained inheritance priorities and cautioned that inaccurate translations of trial court judgments may mislead appellate courts and affect outcomes.
SC Says Tribunal Matters Through Writ Petition Shouldn’t Be Taken Up by High Courts under 226
The Supreme Court of India has ruled that High Courts should refrain from entertaining writ petitions under Article 226 in service recruitment disputes that fall within the exclusive jurisdiction of State Administrative Tribunals under the Administrative Tribunals Act, 1985. Deciding appeals related to teacher recruitment in Karnataka, the Court upheld a Division Bench order directing parties to approach the Karnataka State Administrative Tribunal (KSAT). It emphasized that no exceptional circumstances justified bypassing this remedy. The Court clarified that provisional select lists do not create vested rights and urged the KSAT to conclude the matter within six months.
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