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

[Akhtiar Wahid]

Mustaph for you Sufi Monk is Immature but Maxthemature is too mature to handle!

[kimanumanu]

https://www.youtube.com/watch?v=zwu1zliy-Mc
So this is also a recording of Aqa Moula (RA)'s voice and very clearly states that Mazoon was appointed with ilham. Yet 50 years later, laanats were bestowed upon him? Was the ilham wrong? Was the imam wrong?

[Truth-Prevails]

Ironically the recording was given by Shehzada Mufaddal bhaisaheb to refute that Aqa Burhanuddin's RA Mazoon (and walad-ul-ahab) was not his Mansoos.

As Allah says in Surat Naml 14th Ayat: And they rejected them, while their [inner] selves were convinced thereof, out of injustice and haughtiness. So see how was the end of the corrupters.

Proof https://vimeo.com/98329740

Now waiting for the end of the corrupters.

[Sufi monk]

sufi monk

advised you to keep out you are to immature. your statement in your last quote are so immatured do not even feel like replying to them.

its not your fault but its your iq level. anyway you follow your KQ the the Quran that he has translated for you (anyone else please do not ask what does this statement mean as SUFI MONK has understood this) and be happy

I feel same when I read ur childish posts, so lets cut here, be happy with your hidden agendas, but I am sure people here are smart enough and wont fall in ur traps.

[Sufi monk]

https://www.youtube.com/watch?v=zwu1zliy-Mc
So this is also a recording of Aqa Moula (RA)'s voice and very clearly states that Mazoon was appointed with ilham. Yet 50 years later, laanats were bestowed upon him? Was the ilham wrong? Was the imam wrong?

biggest mistake muffy committed was to allow people to recite lanat on rutba naa saheb, and I am sure lanat is now chasing him where ever he goes.

[Akhtiar Wahid]

this audio is much powerful, compelling, convincing and to the accuracy of the audacity unlike what Muffadal Saab presented previously in public.
That video of Hospital cannot be declared as nass as Syedna Mohammed Burhanuddin saab was in debilitating condition and there was no iqrar of nass in that hospital video also.

[SBM]

Mustapi
I am happy to be led in religious matters by someone who has devoted his life to piety and in the study of ilm e aale Mohammed

Mustafa
What Piety Killing innocent Elephants and Lions for pleasure, this is what you call Piety. May be Dawat E Lissan has different meanings for Piety It seems
SMB and now SMS has devoted their life for Ziyafaats, Qadamboosi,Nikkahs and then SHIKAR and that is not considered Piety in any dictionary.
BTW Ilm e aale Mohammed does not teach you killing of the animals for pleasure..I do not know which Ilm e Aale Mohammed your leader is following and which Ilm E Aale Mohammadi you are following.

[subcon111]

See TOI article
http://timesofindia.indiatimes.com/city ... 685214.cms

[phorendude]

That's an interesting development..

http://timesofindia.indiatimes.com/city ... 685214.cms

MUMBAI: The Bombay HC on Monday said it is willing to conduct a speedy, day-to-day trial in July in the suit filed by the uncle of Syedna Muffadal Saifuddin to declare the former as head of the Dawoodi Bohras.

A suit had been filed by Khuzema Qutbuddin to declare him as 53rd Dai-al-Mutlaq or spiritual head to declare him 53rd Dai-al-Mutlaq or spiritual head saying he was privately anointed by his half-brother, the late Syedna Mohammed Burhanuddin, in 1965. Among interim reliefs, he has sought restraint on Syedna Muffadal Saifuddin from acting as spiritual head.

Justice Gautam Patel said %it would be better to hold the trial rather than decide on interim relief. The judge said if Qutbuddin succeeds in his interim relief, he would be allowed to function as Syedna subject to the outcome of the suit which could be delayed by several years. "If you (Qutbuddin) fail, the pendency of the suit can undermine any action the defendant (Saifuddin) wants to take as leader," said Justice Patil. He then asked the parties if they are willing to face trial right away and withstand the consequences. The matter has been adjourned to Thursday.

[S. Insaf]

HC willing to hold daily trial in Syedna suit
Times of India Rosy Sequeira,TNN 17, Jun 2014,
MUMBAI: The Bombay HC on Monday said it is willing to conduct a speedy, day-to-day trial in July in the suit filed by the uncle of Syedna Muffadal Saifuddin to declare the former as head of the Dawoodi Bohras.
A suit had been filed by Khuzema Qutbuddin to declare him as 53rd Dai-al-Mutlaq or spiritual head to declare him 53rd Dai-al-Mutlaq or spiritual head saying he was privately anointed by his half-brother, the late Syedna Mohammed Burhanuddin, in 1965. Among interim reliefs, he has sought restraint on Syedna Muffadal Saifuddin from acting as spiritual head.
Justice Gautam Patel said %it would be better to hold the trial rather than decide on interim relief. The judge said if Qutbuddin succeeds in his interim relief, he would be allowed to function as Syedna subject to the outcome of the suit which could be delayed by several years. "If you (Qutbuddin) fail, the pendency of the suit can undermine any action the defendant (Saifuddin) wants to take as leader," said Justice Patil. He then asked the parties if they are willing to face trial right away and withstand the consequences. The matter has been adjourned to Thursday (19th June)

[tasneempati]

WHAT DOES THAT MEAN IN SIMPLE LANGUAGE ?

[S. Insaf]

Justice Gautam Patel has said it would be better to hold the trial rather than decide on interim relief.
He then asked the parties if they are willing to face trial right away and withstand the consequences. The Court is ready for daily hearing.
Justice Gautam Patel has advised to go for trial. Both the parties have to give their consent by 29th June.
In view of coming Ramadan we have to wait and see if they agree for daily hearing.

[ghulam muhammed]

By not granting interim relief to SKQ, the court is allowing SMS to continue the plunder and extortion till such time that the case is finally brought to its logical conclusion which may take several years. This is not good for SKQ and Bohras who want an end to the corrupt practice of SMS. He will be like a 'Be-lagaam Ghoda' who will go full throttle with his extortionist ways.

[ghulam muhammed]

[img]http://imagizer.imageshack.us/v2/1024x7 ... 5/b30s.jpg[/img]

[Adam]

By not granting interim relief to SKQ, the court is allowing SMS to continue the plunder and extortion till such time that the case is finally brought to its logical conclusion which may take several years. This is not good for SKQ and Bohras who want an end to the corrupt practice of SMS. He will be like a 'Be-lagaam Ghoda' who will go full throttle with his extortionist ways.

It is KQ who had "full faith in the system". And that system will teach him a lesson.
Without an iota of evidence, nothing in religion or the word means anything. Any fool would know that.

[natkhat pari]

Ms bs will not acept daily hearing their c.a. in ramzan will be busy in money collecting mission so no time for hearing

[kimanumanu]

http://www.dnaindia.com/mumbai/report-b ... is-1996063

Bombay High Court suggest hearing Qutbuddin suit on a daily basis

Instead of deciding on the ad-interim sought by the challenger to Syedna's post, the Bombay high court, on Monday, suggested that it would decide on declaring who the Syedna should be.

Justice GS Patel directed the 53rd Dai Ul Mutlaq, Mufaddal Saifuddin, whose succession is being challenged by his uncle, Khuzaima Qutbuddin, to file his reply by Thursday.

Justice Patel, adjourning the hearing, said: "My suggestion is that there is very little point in keeping the motion pending. You will be allowed to function subject to the outcome of the suit." The court also said it could hear the suit on a daily basis.

The court made these observations while hearing the plaint filed by Qutbuddin challenging the succession of his nephew, who is now the incumbent 53rd Dai Ul Mutlaq. In his declaratory suit, he seeks being declared the 53rd Dai and restricting his opponent from having any authority over properties.

Saifuddin, through his elder brother, Dr Qaidjoher Ezzuddin, who has been appointed the Constituted Attorney, has opposed reliefs sought in the declaratory suit filed by Qutbuddin, stepbrother of the late 52nd Dai, Mohammed Burhanuddin.

In an affidavit of over 400 pages filed in response to Qutbuddin's petition in the HC, Qaidjoher contented: "The suit is based on false and untenable cases. Bohras across the world have given misaq (oath of allegiance) to Mufaddal...only a handful from the community have not accepted him."

As proof, the affidavit has annexed several photographs depicting the late Syedna falling back on Mufaddal and leading him in prayer meets held during Muharram. The affidavit also denies all charges levelled against Mufaddal.

It also rebuts the claims of threat made to Qutbuddin and his family. "The defendant has not threatened the plaintiff or his family. He has not been deprived entry into Saifee Mahal in his capacity as a member of the community, but is opposed to him seeking entry into the Mahal as the 53rd Dai and seeking injunction against Mufaddal's entry," states the affidavit.

In June 2011, Mufaddal Saifuddin was nominated the successor, according to the press statement from the community. Qutbuddin publicly challenged the succession first time after the death of Syedna Mohammed Burhanuddin on January 17. Qutbuddin claimed that he had not challenged the false claims made by Syedna Mufaddal until now because he (Qutbuddin) had been asked to keep his appointment in confidence by Syedna Burhanuddin, and was waiting for the late leader to get well to take up the issue with him.

[tasneempati]

Thank you for explaining in common man's langugae. As bro GM has commented in his post - court decision will go in favour of SMS & he is being given free hand by court to act on his whims.

Justice Gautam Patel has said it would be better to hold the trial rather than decide on interim relief.
He then asked the parties if they are willing to face trial right away and withstand the consequences. The Court is ready for daily hearing.
Justice Gautam Patel has advised to go for trial. Both the parties have to give their consent by 29th June.
In view of coming Ramadan we have to wait and see if they agree for daily hearing.

[Sufi monk]

As proof, the affidavit has annexed several photographs depicting the late Syedna falling back on Mufaddal and leading him in prayer meets held during Muharram. The affidavit also denies all charges levelled against Mufaddal.

normally when you discuss khilafat with sunnis they also bring this same logic, they say because abu bakar leaded namaz in masjid ul nabawi he is 1st khalifah, I am not surprise if muffy is also applying same logic here.

[Akhtiar Wahid]

Chor diya jaye.....ke mar diya jaye.......bol iske saath kya suluk kiya jaaye!

[next_generation2014]

Any one know what is happened in court case today?

[natkhat pari]

7 july submission of reply by kq 14 next hearing daily trail not accepted by both side

[adna_mumin]

Half-brother and son of late Syedna Mohammed Burhanuddin, spiritual head of million-strong Dawoodi Bohra community, mutually agreed before Bombay High Court today to have an "expeditious trial" of their dispute over appointment of Dai-al-Mutlaq or spiritual head.

Justice Gautam Patel fixed July 17 for pre-trial directions while acting on a suit filed by late Syedna's half-brother Khuzaima Qutbuddin (73) that contested the appointment of the Syedna's son as his successor.

http://www.business-standard.com/articl ... 329_1.html

Seems like one more month will pass before any hearing.

[jungle999]

salaam to all reading ; JUSt want to know that if i write aletter to judge regarding the court case against m.m.s how he is making life difficult for a famlily .would it make diffrence in the court case or is this court case soley for dia ship only and would the judge also consider how the m.m.s treats its followers.And if any one can provide me with the address of the court . Thanks

[Qureshi]

I think it will definitely make difference if few hundred letters with real examples are sent to judge.

[Ozdundee]

The case is a civil case between a plaintiff and defendant now unless you side with one of the parties and become their witness ...there is little room for a third party . You are best to

Though the majority of lawsuits are settled and never reach trial,[3] they can be very complicated to litigate. This is particularly true in federal systems, where a federal court may be applying state law (e.g., the Erie doctrine in the United States) or vice versa, or one state applying the law of another, and where additionally it may not be clear which level (or location) of court actually has jurisdiction over the claim or personal jurisdiction over the defendant, or whether the plaintiff has standing to participate in a lawsuit. About 98 percent of civil cases in the United States federal courts are resolved without a trial. Domestic courts are also often called upon to apply foreign law, or to act upon foreign defendants, over whom they may not, as a practical matter, even have the ability to enforce a judgment if the defendant's assets are outside their reach.

Lawsuits become additionally complicated as more parties become involved (see joinder). Within a "single" lawsuit, there can be any number of claims and defenses (all based on numerous laws) between any number of plaintiffs or defendants, each of whom can bring any number of cross-claims and counterclaims against each other, and even bring additional parties into the suit on either side after it progresses. However, courts typically have some power to sever claims and parties into separate actions if it is more efficient to do so, such as if there is not a sufficient overlap of factual issues between the various associates.

[fustrate_Bohra]

Can anybody explain, What does TRAIL means in simple language and how will it impact both claimants?

Thanks.

[ghulam muhammed]

Can anybody explain, What does TRAIL means in simple language and how will it impact both claimants?

TRIAL means that the hearing starts wherein both parties thru their lawyers start verbal arguments after which witnesses are asked to depose before the court and they are cross examined by the respective lawyers. Based on their statements and the documents submitted to the court, the matter is decided. All this takes a number of years in Indian courts.

[fustrate_Bohra]

OK, Thanks GM bhai.

[Truth-Prevails]

19jun2014-bom-high-court-order.pdf

(57.97 KiB) Downloaded 191 times

Legal Update from Fatemi Dawat

http://fatemidawatlegal.com/

Bombay High Court Declaratory Suit Update: 19th June 2014
June 21st, 2014 by admin
The Suit was listed before the Hon’ble High Court for directions. Plaintiff’s counsel agreed with the Hon’ble Court’s proposal for an expedited trial and agreed to serve the Advocates for the Defendants the draft amendments to the Plaint by 7th July 2014. The Hon’ble Court directed that the suit be listed for further directions, including for filing of the written statement and completion of pre-trial formalities, on 14th July, 2014.

PDF attached