https://www.taxtmi.com/caselaws?id=309632 A suit seeking declaration of right with consequential injunction was treated as maintainable because the injunction was a real consequential relief, not a mere declaratory prayer. Limitation under Article 120 ran only when the right to sue accrued through infringement or a clear, unequivocal threat; mere denial by defendants did not bar the claim where the trustees had not denied the right. The amended Shariat Act was held to require courts to apply Muslim Personal Law notwithstanding contrary custom or usage, and that mandate was sufficient to govern pending proceedings as well as future cases. The custom excluding females from income and officiating rights therefore could not prevail, and the plaintiffs' claim was governed by Muslim Personal Law. en-us Tue, 14 Feb 1961 00:00:00 +0530 Fri, 25 Oct 2024 15:53:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309632 A suit seeking declaration of right with consequential injunction was treated as maintainable because the injunction was a real consequential relief, not a mere declaratory prayer. Limitation under Article 120 ran only when the right to sue accrued through infringement or a clear, unequivocal threat; mere denial by defendants did not bar the claim where the trustees had not denied the right. The amended Shariat Act was held to require courts to apply Muslim Personal Law notwithstanding contrary custom or usage, and that mandate was sufficient to govern pending proceedings as well as future cases. The custom excluding females from income and officiating rights therefore could not prevail, and the plaintiffs' claim was governed by Muslim Personal Law. Case-Laws Indian Laws Tue, 14 Feb 1961 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309632