Supreme Court · 2011 INSC 505 · Decided 20 July 2011
MOHD.HAMID & Anr ETC.ETC v. Badi Masjid Trust & ORS.ETC.ETC.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 505 · [2011] 9 S.C.R. 348
- Case number
- CIVIL APPEAL No. 5860/2011
- Decided
- 20 July 2011
- Bench
- MUKUNDAKAM SHARMA, ANIL R. DAVE (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 133; Constitution Article 25, 26, 226
Headnote
MOHAMMEDAN LAW: c Shifting of a grave - HELD: There could be shifting of Muslim grave from an unauthorised place to a place which is authorised by law for such burial - Besides, interring a corpse in an unauthorised place without permission or J consent of the owner and lessee amounts to • D usurping somebody else's property - Shifting of such graves would not be un-lslamic nor would it be violative of Articles 25 and 26 of the Constitution of India - In the instant case, the records clearly disclose that a group of people took law E into their own hands, took
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