Sticky: Dawoodi Bohra's Succession of Dai Case in Mumbai High Court

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S. Insaf
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Joined: Thu Sep 11, 2003 4:01 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#361

Unread post by S. Insaf » Wed Apr 16, 2014 11:04 pm

Syedna row: 8 petitions in Gujarat HC
TIMES OF INDIA TNN | Apr 17, 2014, 12.25 AM IST


MUMBAI: Having already challenged his nephew Syedna Muffadal Saifuddin's succession as the 53rd Dai al-Mutlaq (spiritual head of the Dawoodi Bohras) in the Bombay high court, Khuzaima Qutbuddin has now filed eight writ petitions before the Gujarat high court against assistant charity commissioners and the Gujarat Wakf Board for permitting Saifuddin to be the sole trustee of several trusts and properties of the community in Gujarat.
Qutbuddin's son Abdeali Qutbuddin said in a statement that after Syedna Mohammed Burhanuddin's death on January 17, the wakf board passed an order entering Mufaddal Saifuddin's name on January 23.
"One day after the wakf board passed the order, Abdul Qadir Nooruddin, the son-in- law of Shehzada Mufaddal Saifuddin, signed more than 150 change reports, which came to be filed in the offices of assistant charity commissioners in about 20 districts on or about January 27, 2014," Abdeali Qutbuddin said.

READ MORE Syedna Muffadal Saifuddin|Khuzaima Qutbuddin|Gujarat Wakf Board|Gujarat High Court|Dawoodi Bohra

Maqbool
Posts: 848
Joined: Thu May 10, 2007 4:01 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#362

Unread post by Maqbool » Thu Apr 17, 2014 1:07 am

Truth-Prevails wrote:The first of many restraining orders. Alhamdolillah.

PRESS RELEASE: 16 April 2014. Filing of Writ Petitions in the Gujarat High Court by His Holiness Syedna Khuzaima Qutbuddin TUS, being the 53rd Dai al-Mutlaq and Head of the Dawoodi Bohra Community Alleging Violation of the Principles of Natural Justice by Several Authorities who have Without Due Process Passed Orders Entering Shehzada Mufaddal Saifuddin’s Name As Sole Trustee of Numerous Trusts And Wakfs. Ad-Interim Order Granted by the Honourable Gujarat High Court on 16/4/2014.

Mumbai, 16th April 2014

His Holiness Syedna Khuzaima Qutbuddin TUS, has, in furtherance of his assertion of being the 53rd Dai al-Mutlaq, which is based on truth (Haqq) and principle, filed eight Writ Petitions before the Gujarat High Court being Special Civil Application Nos. 5478 to 5485 of 2014, that allege a large scale violation of the principles of natural justice on the part of several Assistant Charity Commissioners and the Gujarat Wakf Board who have without giving a hearing and without issuing notices to him passed orders permitting Shehzada Mufaddal Saifuddin’s name to be entered as sole trustee of numerous public trusts believed to be exceeding 75 and wakfs exceeding 250 in number.

The Writ Petitions filed in the Gujarat High Court state that soon after the sad demise of the 52nd Dai al-Mutlaq His Holiness Syedna Mohammed BurhanuddinRA on the 17th of January 2014, the Wakf Board passed an order entering Shehzada Mufaddal Saifuddin’s name on January 23, 2014 and that too within just 2 days of an application having been filed. One day after the Wakf Board passed the order, Abdul Qadir Nooruddin, the son in law of Shehzada Mufaddal Saifuddin, signed more than about 150 Change Reports which came to be filed in the offices of Assistant Charity Commissioners in about 20 districts on or about January 27, 2014, only 10 days after the sad demise of the 52nd Dai RA.

In Mehsana and Patan, orders have been passed by Assistant Charity Commissioners in 48 hours, in Amreli and Jamnagar within about 15-17 days of Change Reports having been filed and with a similar haste in other places. Such orders have also been passed in Gandhinagar, Bhavnagar, Junagadh, Rajkot, Dahod, Godhra and Valsad. The Hon’ble High Court has been urged to look into this gross large scale violation of the principles of natural justice and the passing of orders at such a haste without following due process by these authorities. The orders have been passed without making any inquiry and without giving any reasons.

The matter was listed for hearing today (16th April 2014) and the Hon’ble High Court of Gujarat has passed an ad-interim order restraining Shehzada Mufaddal Saifuddin, his agents and his servants from alienating, selling, transferring or dealing with in any manner the assets and properties of about 75 public trusts and 261 wakfs till the next returnable date. Order passed in Special Civil Application No. 5478 of 2014 is reproduced herein below:

“Notice returnable on 25.04.2014. Ad-interim relief in terms of paragraph no. 28(C)(ii) is granted till then. Direct service is permitted.”

His Holiness Syedna Khuzaima Qutbuddin TUS filed a declaratory suit in the Mumbai High Court on [29th March 2014] against Shehzada Mufaddal Saifuddin seeking reliefs that the Honourable Court declare him to be the 53rd Dai al-Mutlaq, and to restrain Shehzada Mufaddal Saifuddin from in any manner holding himself out as or doing any acts, deeds or things as the Dai al-Mutlaq of the Dawoodi Bohra Community. The ad-Interim application in this suit is scheduled to be heard on the 29th April 2014. This suit was filed after repeated attempts to resolve this matter internally, including by an invitation to debate this matter and establish his rightful claim based on nass conferred on him on [10th December 1965] by His Holiness Syedna Mohammed Burhanuddin Saheb RA, the 52nd Dai al-Mutlaq, following the guidance of His Holiness Syedna Taher Saifuddin RA, the 51st Dai al-Mutlaq. All the attempts made by His Holiness Syedna Khuzaima Qutbuddin TUS, have been ignored and rebuffed by Shehzada Mufaddal Saifuddin, who has made several false and contradictory claims as to how nass was performed on him.

Having faithfully served the Community with complete love, faith and respect for His Holiness Syedna Taher Saifuddin RA and His Holiness Syedna Mohammed Burhanuddin Saheb RA, His Holiness Syedna Khuzaima Qutbuddin TUS willcontinue on the true path (Siratul Mustakeem) of a spiritual and moral life that leads to salvation (Najaat) in the Hereafter (Aakherat) and to encourage the members of the community to scale heights of religious and temporal knowledge and education, to encourage the pursuit of excellence in various fields of business and professional services, and to lead a life of excellence in all fields.

To ensure that the path set by the previous Dai al-Mutlaqs is followed, and the Community is not torn asunder by false claimants, and having full faith in the Indian Judiciary, His Holiness has approached the Honourable Courts for appropriate remedies.

His Holiness Syedna Khuzaima Qutbuddin TUS believes that these recent developments are of paramount importance for the Dawoodi Bohra Community for generations to come and unless resolved completely, can also have adverse implications on the sacrosanct notions of religious freedom, rights for women and communal harmony of our great Nation.


For further Details Please Contact: press@fatemidawat.com

***END***
A modi effect!
Corruption at its peak.
Every Bohra should wish that they are out of the clutch of wrong people. they have right to leave azad in this world.

Akhtiar Wahid
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#363

Unread post by Akhtiar Wahid » Thu Apr 17, 2014 3:39 am

But Muffadal Saab is still on tour with his entourage in Gujarat, currently being in Denmal, so does that mean he cannot have authority at the moment over money transactions, ordinance or to do anything other than merely presenting or displaying himself as so called Dai to the crowds.

Akhtiar Wahid
Posts: 804
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#364

Unread post by Akhtiar Wahid » Thu Apr 17, 2014 3:42 am

If things get much serious, these people (muffy camp) will go all cranky and they might indulged in planning assassination (as they have done before), kidnapping and torturing any of SKQ sahib's children etc.

shirin52kapasi
Posts: 8
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Re: Legal Fight between Mufaddal & Khuzaima

#365

Unread post by shirin52kapasi » Thu Apr 17, 2014 4:26 am

The true leader, who is on Haq never runs to people. People came pleading to Maula Ali (a.s.) to lead them, Ali (a.s.) never went to the people to ask vote; only the baatil force people to accept them.
However, we now see SMS camp running door to door for midnight bayat by force; while the other group is running to court.

shirin52kapasi
Posts: 8
Joined: Mon Mar 31, 2014 12:31 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#366

Unread post by shirin52kapasi » Thu Apr 17, 2014 4:35 am

The true leader, who is on Haq never runs to people. People came pleading to Maula Ali (a.s.) to lead them, Ali (a.s.) never went to the people to ask vote; only the baatil force people to accept them.
However, we now see SMS camp running door to door for midnight bayat by force; while the SKQ group is running to court.

tasneempati
Posts: 260
Joined: Sun Jan 05, 2014 3:44 am

Re: Legal Fight between Mufaddal & Khuzaima

#367

Unread post by tasneempati » Thu Apr 17, 2014 6:22 am

You non-humanbeing you are a human scum & shall be purged from this forum.
humanbeing wrote:Abdes faith is not at stake here !! they wholeheartedly believe SMS is their leader ! Infact like followers – like – leaders ! leader like SMS will have followers like its abdes !! both will represent each other’s personality !!

humanbeing
Posts: 2195
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#368

Unread post by humanbeing » Thu Apr 17, 2014 6:29 am

Kothar is not running, they are parading in cars and horsecarts ! .. running requires efforts, hardships and sweat ! kothar cannot do that !!

humanbeing
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Joined: Sun Nov 20, 2011 2:30 am

Re: Legal Fight between Mufaddal & Khuzaima

#369

Unread post by humanbeing » Thu Apr 17, 2014 6:42 am

tasneempati wrote:You non-humanbeing you are a human scum & shall be purged from this forum.
humanbeing wrote:Abdes faith is not at stake here !! they wholeheartedly believe SMS is their leader ! Infact like followers – like – leaders ! leader like SMS will have followers like its abdes !! both will represent each other’s personality !!

Like I said .. !! Like-Leader-Like-Follower !

Saeed al Khair
Posts: 166
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#370

Unread post by Saeed al Khair » Thu Apr 17, 2014 10:05 am

Mufaddalis are criminals, they will definitely attempt to murder of their rivals.

Invictius
Posts: 62
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#371

Unread post by Invictius » Thu Apr 17, 2014 10:25 am

Well, from an observer's point of view, I don't think KQ can possibly wish to establish and get people to believe that he is the 53rd Dai through this suit before the High Court. Ultimately, no court in the world can decide a person's faith and allegiance. From what I can understand, KQ has sought legal recourse, which will not affect who the majority regard and believe as their Dai, and he pretty much knows it. It will not make a difference to people whose minds are already made up and whose faiths are well grounded. So, KQ could not possibly wish to appeal to those million odd Bohras who have shown their allegiance to the other party already. He has sought legal recourse simply to try and establish his claim to the waqf titles and trusts of Dawat. Although he knows he cannot amass more supporters, he can well stake a claim to the assets of Dawat, and freezing the assets and properties of dawat would be his prime objective to give weight to his claim, in order to cause hindrance and difficulty to the other party, although I personally feel it won't cause much trouble, seeing that the other party is already on much higher footing. Obtaining interim stay orders and injunctions on dawat property dealings cannot possibly be granted indefinitely, making this relief only temporary. This is in reference to the writ petitions filed by KQ before the Gujarat High Court. It is as good as certain that the stay orders would be lifted following a hearing, since it is ad-interim.

It is apparent that KQ has very few followers, including those on this forum, out of which some are secretly in support of KQ, due to fear of social repercussions. As such, whatever KQ's claims are, the number of followers of each faction will be a determining factor in the court case. It is very unlikely that the court would rule in favour of a minority simply on the basis of believing KQs claim that Syedna Burhanuddin (R.A.) conferred nass on him privately, with no witnesses. Evidence and grounded, verified facts are the most important issues to determine any case. As such, it is only KQs word, (that he was conferred nass) and no solid proof of nass on his part. It is highly unlikely that the court will take into consideration the fact that KQ was mazoon at the time of making such a claim, and the court ruling in his favour, solely on the basis of his word (which he claims must be true since he is mazoon) is an impossibility which would go against a multitude of precedents in the history of the Indian legal system.

Invictius
Posts: 62
Joined: Thu Apr 17, 2014 2:14 am

Re: Legal Fight between Mufaddal & Khuzaima

#372

Unread post by Invictius » Thu Apr 17, 2014 10:35 am

Funny how people who have already made up their minds on whom they believe to be their Dai are trying to convince each other to see the light. As I see, there are few people on this forum who are 50-50 or 70-30 in their beliefs, who will probably be impacted by the posts made by clearly biased persons . I would advise such persons to introspect and think for themselves, and not get influenced by what people on this forum post, since most of it clearly partisan and fully opinionated and distasteful. Allah has gifted us humans with intelligence. Please use it wisely and well, and do not let others affect your thinking. This is a very sensitive matter.

shirin52kapasi
Posts: 8
Joined: Mon Mar 31, 2014 12:31 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#373

Unread post by shirin52kapasi » Thu Apr 17, 2014 12:35 pm

Invictius wrote:.... As such, it is only KQs word, (that he was conferred nass) and no solid proof of nass on his part. It is highly unlikely that the court will take into consideration the fact that KQ was mazoon at the time of making such a claim, and the court ruling in his favour, solely on the basis of his word (which he claims must be true since he is mazoon) is an impossibility which would go against a multitude of precedents in the history of the Indian legal system.
@Invictius - one more issue in front of court would be how can they confirm ilham which preceeds Nuss had come for SMS.....no solid proof on both side. Therefore, going to court was a bad idea. Religious matter should be settled within religious frame work.

fustrate_Bohra
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#374

Unread post by fustrate_Bohra » Thu Apr 17, 2014 1:19 pm

shirin52kapasi wrote:
Invictius wrote:.... As such, it is only KQs word, (that he was conferred nass) and no solid proof of nass on his part. It is highly unlikely that the court will take into consideration the fact that KQ was mazoon at the time of making such a claim, and the court ruling in his favour, solely on the basis of his word (which he claims must be true since he is mazoon) is an impossibility which would go against a multitude of precedents in the history of the Indian legal system.
@Invictius - one more issue in front of court would be how can they confirm ilham which preceeds Nuss had come for SMS.....no solid proof on both side. Therefore, going to court was a bad idea. Religious matter should be settled within religious frame work.
Court will not decide who is dai they will only decide whether NASS was actually done on SMS or not with the help of submitted documents/witnesses frm both side.

Yes Shirinben u r ryt that religious matter should be solve internally but wht if one of them is not ready for the talk?

shehzaada
Posts: 163
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#375

Unread post by shehzaada » Thu Apr 17, 2014 1:46 pm

Court will be fedup and reject both and declare bohra properties under muslim waqaf to be controlled by central board of dawoodi bohras

voice
Posts: 173
Joined: Fri Mar 27, 2009 2:08 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#376

Unread post by voice » Thu Apr 17, 2014 2:12 pm

Invictius wrote:Well, from an observer's point of view, I don't think KQ can possibly wish to establish and get people to believe that he is the 53rd Dai through this suit before the High Court. Ultimately, no court in the world can decide a person's faith and allegiance. From what I can understand, KQ has sought legal recourse, which will not affect who the majority regard and believe as their Dai, and he pretty much knows it. It will not make a difference to people whose minds are already made up and whose faiths are well grounded. So, KQ could not possibly wish to appeal to those million odd Bohras who have shown their allegiance to the other party already. He has sought legal recourse simply to try and establish his claim to the waqf titles and trusts of Dawat. Although he knows he cannot amass more supporters, he can well stake a claim to the assets of Dawat, and freezing the assets and properties of dawat would be his prime objective to give weight to his claim, in order to cause hindrance and difficulty to the other party, although I personally feel it won't cause much trouble, seeing that the other party is already on much higher footing. Obtaining interim stay orders and injunctions on dawat property dealings cannot possibly be granted indefinitely, making this relief only temporary. This is in reference to the writ petitions filed by KQ before the Gujarat High Court. It is as good as certain that the stay orders would be lifted following a hearing, since it is ad-interim.

It is apparent that KQ has very few followers, including those on this forum, out of which some are secretly in support of KQ, due to fear of social repercussions. As such, whatever KQ's claims are, the number of followers of each faction will be a determining factor in the court case. It is very unlikely that the court would rule in favour of a minority simply on the basis of believing KQs claim that Syedna Burhanuddin (R.A.) conferred nass on him privately, with no witnesses. Evidence and grounded, verified facts are the most important issues to determine any case. As such, it is only KQs word, (that he was conferred nass) and no solid proof of nass on his part. It is highly unlikely that the court will take into consideration the fact that KQ was mazoon at the time of making such a claim, and the court ruling in his favour, solely on the basis of his word (which he claims must be true since he is mazoon) is an impossibility which would go against a multitude of precedents in the history of the Indian legal system.
To certain extent your argument seems correct but the major victory for SKQ is that he has unmasked the spiritual cover of SMS and his brothers in Kothar before the common folks as well as non Bohra people of different communities. Faith is stolen through deception, lies and tricks of creating fear among the masses.

Through the court proceedings people have started realizing to differentiate truth from falsehood. Its a great victory in such a closed door community that through the well use of internet, media, social networking etc SKQ camp has generated rebellious enthusiasm in the oppressed people almost every where in the world. It might turn out into a successful revolution once more of these corruption will get exposed, inshaAllah. Time is going to be the decisive factor and restoring faith and changing loyalties of masses is something which we all witness in every election and the fact is that the process has already started. So at present, Cheers for SKQ camp.


Invictius
Posts: 62
Joined: Thu Apr 17, 2014 2:14 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#378

Unread post by Invictius » Thu Apr 17, 2014 4:20 pm

shirin52kapasi wrote:
Invictius wrote:.... As such, it is only KQs word, (that he was conferred nass) and no solid proof of nass on his part. It is highly unlikely that the court will take into consideration the fact that KQ was mazoon at the time of making such a claim, and the court ruling in his favour, solely on the basis of his word (which he claims must be true since he is mazoon) is an impossibility which would go against a multitude of precedents in the history of the Indian legal system.
@Invictius - one more issue in front of court would be how can they confirm ilham which preceeds Nuss had come for SMS.....no solid proof on both side. Therefore, going to court was a bad idea. Religious matter should be settled within religious frame work.
It is not a question of Imam-uz-Zamaan's Ilhaam. By that logic, and if that was the case, not a single Dai can "prove" that he is Dai. That point is redundant. About the issue of going to court, what you have to understand is that the Court will uphold the secular nature of the Indian democracy. It is by no means going to interfere to such an extent into the religious matters of a community, especially a matter of such importance as to the seat of the 53rd Dai. In the past Dawat cases it is observed that the matters were of a different nature and albeit serious, they did not threaten the seat of the Dai-al-Mutlaq, which is why the Courts, still reluctant to interfere even then, could hear the case and arrive at a judgment. Also, this suit, more than anything, has no basis under any law or act or proviso under Indian law. It is a special suit instituted by the plaintiff, claiming violation of the principles of natural justice and such similar legal infractions. The substance in the claims by the plaintiff, if any, shall be seen in due course of proceedings, but I believe this is no longer as much a religious issue as it is a civil law issue.

Regarding the nass issue, the defendant has claimed nass was conferred on him on several occassions- Chronologically- 1) the 1388H Diary note nass. 2) The Nass declared to the two Shahzadas- Qaid Johar and Malekulashtar Bhaisaheb in private. 3) The London Hospital Nass. 4) The Raudat Tahera Nass. The plaintiff has focused his efforts on disregarding 3) and 4) to be a medical impossibility. Points 3) and 4) are actually the only nass instances which the plaintiff can actually challenge and argue, due to the vagueness surrounding it, although the witnesses to both 3) and 4) make the case very favourable for the defendant. The plaintiff can contest the authenticity of 1), but it is highly doubted that he shall try to do so, since if proven to be a genuine document, all his claims shall be rendered void and that will probably be the a huge blow which might lead to failure of his suit. It is doubted that the plaintiff will take such a risk, although, a rightful claimant would want to prove the authenticity of such a document first before contesting other instances of nass, since this would be clear written, factual and documented evidence-whether real or fake, which would settle this entire nass issue. As such, if the plaintiff was certain of his claims, he should have focused his efforts on contesting the authenticity and originality of the 1388H Diary Note. Point 2) can be contested by the plaintiff, but they will be unable to prove a conflict of interest by virtue of being witnesses to the nass, since they personally cannot be proven to stand to gain anything from this.

While the plaintiff might think the granting of ad interim relief is a small victory, he is, or should be aware that the possibility and likelihood of his claims being proven to be successful by the Indian Courts is very very small. May Justice prevail.

adna_mumin
Posts: 193
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#379

Unread post by adna_mumin » Thu Apr 17, 2014 4:48 pm

Invictius wrote:
shirin52kapasi wrote: @Invictius - one more issue in front of court would be how can they confirm ilham which preceeds Nuss had come for SMS.....no solid proof on both side. Therefore, going to court was a bad idea. Religious matter should be settled within religious frame work.
It is not a question of Imam-uz-Zamaan's Ilhaam. By that logic, and if that was the case, not a single Dai can "prove" that he is Dai. That point is redundant. About the issue of going to court, what you have to understand is that the Court will uphold the secular nature of the Indian democracy. It is by no means going to interfere to such an extent into the religious matters of a community, especially a matter of such importance as to the seat of the 53rd Dai. In the past Dawat cases it is observed that the matters were of a different nature and albeit serious, they did not threaten the seat of the Dai-al-Mutlaq, which is why the Courts, still reluctant to interfere even then, could hear the case and arrive at a judgment. Also, this suit, more than anything, has no basis under any law or act or proviso under Indian law. It is a special suit instituted by the plaintiff, claiming violation of the principles of natural justice and such similar legal infractions. The substance in the claims by the plaintiff, if any, shall be seen in due course of proceedings, but I believe this is no longer as much a religious issue as it is a civil law issue.

Regarding the nass issue, the defendant has claimed nass was conferred on him on several occassions- Chronologically- 1) the 1388H Diary note nass. 2) The Nass declared to the two Shahzadas- Qaid Johar and Malekulashtar Bhaisaheb in private. 3) The London Hospital Nass. 4) The Raudat Tahera Nass. The plaintiff has focused his efforts on disregarding 3) and 4) to be a medical impossibility. Points 3) and 4) are actually the only nass instances which the plaintiff can actually challenge and argue, due to the vagueness surrounding it, although the witnesses to both 3) and 4) make the case very favourable for the defendant. The plaintiff can contest the authenticity of 1), but it is highly doubted that he shall try to do so, since if proven to be a genuine document, all his claims shall be rendered void and that will probably be the a huge blow which might lead to failure of his suit. It is doubted that the plaintiff will take such a risk, although, a rightful claimant would want to prove the authenticity of such a document first before contesting other instances of nass, since this would be clear written, factual and documented evidence-whether real or fake, which would settle this entire nass issue. As such, if the plaintiff was certain of his claims, he should have focused his efforts on contesting the authenticity and originality of the 1388H Diary Note. Point 2) can be contested by the plaintiff, but they will be unable to prove a conflict of interest by virtue of being witnesses to the nass, since they personally cannot be proven to stand to gain anything from this.

While the plaintiff might think the granting of ad interim relief is a small victory, he is, or should be aware that the possibility and likelihood of his claims being proven to be successful by the Indian Courts is very very small. May Justice prevail.

Shouldn't a claimed Medical Impossibility in the Age of Science stand as enough proof of suspicion to the court of law? It is for good reason then that this must be the primary focus to prove/disprove such a incident occurred.

The moment the possibility of this gets eliminated as something that ever happened on account of

a. medical records, (that apparently have no mention of such an occurence which is clear sign of suspicion.. why would a caring family not report slightest recovery of a patient who had had stroke to the attending staff is a glaring question?)
b. testimony of medical staff,
c. expert medical opinion and
d. absence of any recording of a incident as critical as it is against behavior at all other instances

Isn't this ground for disregarding any other claim of the side that makes such a falseful claim?

Haq will prevail. Insha Allah ta, the court of law will be instrumental to expose falsehood of one instsance.

To a thinking mind one must lead to the other.

adna_mumin
Posts: 193
Joined: Fri Feb 07, 2014 3:43 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#380

Unread post by adna_mumin » Thu Apr 17, 2014 4:52 pm

This analysis from you was a good read brother Invictius.

Bohra spring
Posts: 1354
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Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#381

Unread post by Bohra spring » Thu Apr 17, 2014 4:58 pm

Abdes and amtes does it not bother you at all that while you all were grieving after the death of your SMB , weddings were postponed, celebrations were cancelled, if they had their way the kothar , births would be delayed, plane loads of grieving followers dropped their routines to come over and give condolences, ironically SKQ was accused of disturbing their grief. Still day 2.

What was urgent ....money was running away ?

And this son in law of SMS, with raza of his Diai Mutlaq was busy with his bandits and these must be several amending ownership of waqf documents .

So apart of legal arguments and who has proof of what and when....SKQ biggest service to bohra destiny has been lift the veil of hypocrisy, contradictions and stupidity that we all love to fall into.

Go SKQ go ...you have my support and meagre contribution .

alam
Posts: 713
Joined: Mon Oct 21, 2013 8:15 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#382

Unread post by alam » Thu Apr 17, 2014 7:40 pm

Bohra spring wrote:Abdes and amtes does it not bother you at all that while you all were grieving after the death of your SMB , weddings were postponed, celebrations were cancelled, if they had their way the kothar , births would be delayed, plane loads of grieving followers dropped their routines to come over and give condolences, ironically SKQ was accused of disturbing their grief. Still day 2.

What was urgent ....money was running away ?

And this son in law of SMS, with raza of his Diai Mutlaq was busy with his bandits and these must be several amending ownership of waqf documents .

So apart of legal arguments and who has proof of what and when....SKQ biggest service to bohra destiny has been lift the veil of hypocrisy, contradictions and stupidity that we all love to fall into.

Go SKQ go ...you have my support and meagre contribution .
When you put it this way, and from an optimist POV, perhaps this whole Nass dispute is part of Allah's mega plan to bring about a correction in the Bohra system. :roll: :lol:

S. Insaf
Posts: 1494
Joined: Thu Sep 11, 2003 4:01 am

Gujarat HC grants injunction on Dawoodi Bohra trusts, Wakfs

#383

Unread post by S. Insaf » Fri Apr 18, 2014 12:23 am

Gujarat HC grants injunction on Dawoodi Bohra trusts, Wakfs
IANS | Ahmedabad/Mumbai April 16, 2014
The Gujarat High Court Wednesday granted an interim injunction restraining Syedna Mufaddal Saifuddin, and his supporters from dealing with the assets of around 75 public trusts and 261 Wakfs till April 25, an official said here.
The injunction was granted by Justice A.J. Desai in eight writ petitions filed by the 53rd Syedna Khuzaima Qutbuddin, brother of the late Syedna Mohammed Burhanuddin who passed away Jan 17.
The 52nd Syedna Mohammed Burhanuddin's son Shehzada Mufaddal Saifuddin took over as the 53rd Syedna, while his uncle Mazoon-E-Dawat Khuzaima Qutbuddin also proclaimed himself as the 53rd Syedna - throwing the 1.2 million Dawoodi Bohra community in turmoil.
Asked for a reaction to the development, a spokesperson of Syedna Mufaddal Saifuddin in Mumbai declined to comment.

In the eight writ petitions, Syedna Khuzaima Qutbuddin said principles of natural justice have been violated by several authorities in Gujarat by passing orders entering the name of his nephew Syedna Mufaddal Saifuddin as 'Sole Trustee' in numerous trusts and Wakf properties.
The petitioner contended that there was "large scale violation of the principles of natural justice on the part of several assistant charity commissioners and the Gujarat Wakf Board, who have, without giving a hearing and without issuing notices to him, passed orders permitting Shehzada Mufaddal Saifuddin's name to be entered as sole trustee of numerous public trusts believed to be exceeding 75 and wakfs exceeding 250 in number".
The petitioner said the Gujarat Wakf Board passed an order entering Syedna Mufaddal Saifuddin's name Jan 23, within two days of the application.
A day after the Gujarat Wakf Board's order, Syedna Mufaddal Saifuddin's son-in-law Abdul Qadir Nooruddin signed more than 150 change reports filed in various assistant charity commissioners' offices in 20 districts of the neighbouring state, 10 days after the demise of the 52nd Syedna.
In some districts, the assistant charity commissioner passed orders within two days and in others within a fortnight, according to the petition.
Some of the districts where the assistant charity commissioners' orders have been passed in haste include Mehsana, Patan, Amreli, Jamnagar, Gandhinagar, Bhavnagar, Junagadh, Rajkot, Dahod, Godhra and Valsad, the petition said.
The petitioner urged the Gujarat High Court to examine these violations of principles of natural justice and hasty passing of orders without following due process of law, without inquiry or without assigning any reasons by the concerned authorities.
Late last month, Syedna Khuzaima Qutbuddin had moved the Bombay High Court seeking court intervention to declare him the 53rd Syedna and restraining his nephew, Syedna Mufaddal Saifuddin, from continuing in the spiritual post.
The suit is expected to come up for next hearing April 29 in the Bombay High Court.
The issue of succession to the 52nd spiritual leader, the late Syedna Mohammed Burhanuddin, has been a matter of dispute between his half-brother and his son.
Syedna Khuzema Qutbuddin has contended that all efforts by him to resolve the matter amicably and internally have failed in the wake of several false and contradictory claims made by his nephew, Syedna Mufaddal Saifuddin, on the issue of succession.

shirin52kapasi
Posts: 8
Joined: Mon Mar 31, 2014 12:31 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#384

Unread post by shirin52kapasi » Fri Apr 18, 2014 12:38 pm

Alas! our spiritual connection lost - we have lost the spiritual connection with 53rd Dai (either SMS or SKQ) and this is turning into a battle for President's post of DB Jamaat, who has control of the DB Funds.
I signed, out of fear and not religious, spiritual attachment. SMS camp is bragging about Majority being on their side - but that is not something that proves their path to be right - as in many places in Quran Majority is condemned, like 'Ak'sara hum laa yo'minoon'.

Hope this fight soon - this fight is embarrassing us.

Invictius
Posts: 62
Joined: Thu Apr 17, 2014 2:14 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#385

Unread post by Invictius » Fri Apr 18, 2014 1:08 pm

shirin52kapasi wrote:SMS camp is bragging about Majority being on their side - but that is not something that proves their path to be right - as in many places in Quran Majority is condemned, like 'Ak'sara hum laa yo'minoon'.

Hope this fight soon - this fight is embarrassing us.
What you have to understand is that the matter isn't about right and wrong or majority and minority. It is simply a matter of utmost faith and belief. Faith cannot have logic, or be explained in a plausible manner. There is no right and wrong in faith, when faith is absolute. The Court is in a very difficult predicament here, since no Indian Court has the jurisdiction to decide such issues, since technically, it is purely religious in nature.

true_bohra
Posts: 719
Joined: Mon Oct 21, 2013 4:19 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#386

Unread post by true_bohra » Fri Apr 18, 2014 3:56 pm

@invictius:
Very nice post from you.

You have mentioned about the event of nass in chronology but missed one more person Shk Abdul Husain Yamani to whom Syedna RA disclosed the nass event in 1415H and he is alive to testify the same.

No matter how hard you try, but this will lead to denial only by the forum members. They are rejecting the london event but how can one deny the fact that Syedna RA himself testified the whole thing by putting his signature on that diary page.

Invictius
Posts: 62
Joined: Thu Apr 17, 2014 2:14 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#387

Unread post by Invictius » Fri Apr 18, 2014 4:12 pm

@true_bohra

Thank you for pointing that out. Yes, that is also another instance where nass was said to be conferred. Also, it is not for you to prove or make others believe what you believe, even if it is a glaring fact obvious to everyone. Let people decide for themselves by using their God-given intelligence, or lack of it, as the case may be. Let us wait for the Court to decide on the matter. May justice prevail.

ghulam muhammed
Posts: 11653
Joined: Tue Oct 07, 2008 5:34 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#388

Unread post by ghulam muhammed » Fri Apr 18, 2014 5:48 pm

The main suspicion of members is that the courts will not be able to decide in matters of religion/faith which I think is not true because there are many such instances wherein courts have given judgements, like the Ajmer Dargah case, the Shah bano case, the shankaracharya case etc. I agree that the subject case is slightly complicated as it concerns matter of 'Nass' which is pronounced verbally and with Ilham of hidden Imam which is difficult to prove in public but then both parties have also relied on some written notes by the late Dai which could be scrutinised and investigated by courts and then the judgement will be given accordingly.

Truth-Prevails
Posts: 146
Joined: Sat Feb 08, 2014 1:02 am

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#389

Unread post by Truth-Prevails » Fri Apr 18, 2014 9:50 pm

Welcome to invictius. At least now true bohra has someone who can be more articulate in propounding his theories. Look at the way he is twisting facts and introducing arguments like he is a legal expert and knows what the court will rule on. I think we have on of the www.believesyednaqutbuddin.com contributors. Welcome brother.

Do try and brainwash us as the website is so obvious that we don't bother.

saminaben
Posts: 132
Joined: Thu Jan 16, 2014 7:57 pm

Re: Dawoodi Bohra's Succession of Dai Case in Mumbai High Co

#390

Unread post by saminaben » Sat Apr 19, 2014 12:26 am

Invictius, this is a pile of crap. You speak like a lawyer, but really, you are one masterful group of propagandists and manipulators from the oppressors of the SMS camp.

So now the alleged Nass in London, and the drama at Raudat Tahera are of no consequence, and the witnesses at the hospital after the stroke are useless to your military agenda and coup. Never mind they happen to be Syednas children. If the court process succeeds in shattering their credibility, then its pointless now, becuase you are downplaying the London nass already.

QJ and ,Malekul Ashter have really done a magnanimous job of brainwashing not only the ordinary Bohras, but also their own brothers and sister and brother in law. They've pulled off this hoax involving SMB's entire family. And now they drag a newbie, SH. Abdulhusian Yamani, an elderly and frail person, as a scapegoat, threatening and blackmailing and hijacking the remainder of his life, by making him another scapegoat and star witness. The plot doesn't thicken, it just weakens.

Truth is simple. Lies get a bit stretched, twisted, and complicated to keep track of.
Meanwhile it is entertaining to watch the cat chasing its tail, this time around with Group named Invictius.

And here I am, trying to give the benefit of doubt to SMS camp, notoriously or rather stupidly fighting to restore remnants of any loyalty left toward the Kothar and bhaisahebs and the corruption and manipulations.

The more damage control you try to do to cover up one big fat lie, the worse you guys look. it doesn't take a genius to figure this out.



Invictius wrote:
shirin52kapasi wrote: @Invictius - one more issue in front of court would be how can they confirm ilham which preceeds Nuss had come for SMS.....no solid proof on both side. Therefore, going to court was a bad idea. Religious matter should be settled within religious frame work.
It is not a question of Imam-uz-Zamaan's Ilhaam. By that logic, and if that was the case, not a single Dai can "prove" that he is Dai. That point is redundant. About the issue of going to court, what you have to understand is that the Court will uphold the secular nature of the Indian democracy. It is by no means going to interfere to such an extent into the religious matters of a community, especially a matter of such importance as to the seat of the 53rd Dai. In the past Dawat cases it is observed that the matters were of a different nature and albeit serious, they did not threaten the seat of the Dai-al-Mutlaq, which is why the Courts, still reluctant to interfere even then, could hear the case and arrive at a judgment. Also, this suit, more than anything, has no basis under any law or act or proviso under Indian law. It is a special suit instituted by the plaintiff, claiming violation of the principles of natural justice and such similar legal infractions. The substance in the claims by the plaintiff, if any, shall be seen in due course of proceedings, but I believe this is no longer as much a religious issue as it is a civil law issue.

Regarding the nass issue, the defendant has claimed nass was conferred on him on several occassions- Chronologically- 1) the 1388H Diary note nass. 2) The Nass declared to the two Shahzadas- Qaid Johar and Malekulashtar Bhaisaheb in private. 3) The London Hospital Nass. 4) The Raudat Tahera Nass. The plaintiff has focused his efforts on disregarding 3) and 4) to be a medical impossibility. Points 3) and 4) are actually the only nass instances which the plaintiff can actually challenge and argue, due to the vagueness surrounding it, although the witnesses to both 3) and 4) make the case very favourable for the defendant. The plaintiff can contest the authenticity of 1), but it is highly doubted that he shall try to do so, since if proven to be a genuine document, all his claims shall be rendered void and that will probably be the a huge blow which might lead to failure of his suit. It is doubted that the plaintiff will take such a risk, although, a rightful claimant would want to prove the authenticity of such a document first before contesting other instances of nass, since this would be clear written, factual and documented evidence-whether real or fake, which would settle this entire nass issue. As such, if the plaintiff was certain of his claims, he should have focused his efforts on contesting the authenticity and originality of the 1388H Diary Note. Point 2) can be contested by the plaintiff, but they will be unable to prove a conflict of interest by virtue of being witnesses to the nass, since they personally cannot be proven to stand to gain anything from this.

While the plaintiff might think the granting of ad interim relief is a small victory, he is, or should be aware that the possibility and likelihood of his claims being proven to be successful by the Indian Courts is very very small. May Justice prevail.