Supreme Court · 2000 INSC 95 · Decided 23 February 2000
Sajjadanashin Sayed MD. B.E. EDR. (D) BY LRS. v. Musa Dadabhai Ummer and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 95 · [2000] 1 S.C.R. 1095
- Case number
- CIVIL APPEAL No. 5290/1985
- Decided
- 23 February 2000
- Bench
- M. JAGANNADHA RAO, R.C. LAHOTI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
Code of Civil Procedure, 190~Section 11-Res Judicat~atters 'directly and substantially' in issue and matters 'collaterally or incidentally' in issue-Meaning of and distinction betwee11-Held, a11 issue necessary to be decided for deciding the principal issue is 'directly and substa11tially' in Trnsts Act, 1950-Sectio11 9. Bombay Public Trnsts Act, 1950-Section 2(19}-Public trnsf--Mean­ ing of Members of the Edroos family, which claims to be the descendants of Hazarat Imam Ali, were the saijadanashins/mutawallis of the rozas at Ahmedabad, Broach and Surat. That wakf was not only for
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