Supreme Court · 2023 INSC 115 · Decided 10 February 2023
Central Board of Dawoodi Bohra Community & ANR. v. The State of Maharashtra &ANR.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 115 · [2023] 1 S.C.R. 293
- Case number
- WRIT PETITION (CIVIL) No. 740/1986
- Decided
- 10 February 2023
- Bench
- SANJAY KISHAN KAUL, SANJIV KHANNA, ABHAY S. OKA, VIKRAM NATH, J.K. MAHESHWARI (5-judge bench)
- Outcome
- Directions issued
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 25, 26, 26(b)
Headnote
Bombay Protection of Ex-communication Act, 1949 - The Act, 1949 provided that ex-communication of a member of any community shall be invalid and shall be of no effect - Head of the Dawoodi Bohra community challenged the that it infringed on fundamental rights guaranteed u/Arts.25 and 26 of the Constitution - A Constitution Bench of Supreme Court (of five Judges) in the case of Sardar Syedna, by majority, held that ex- communication amongst the Dawoodi Bohras forms an integral part of the management of the
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