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SC Declines Plea Challenging Muslim Gift Law Exemption, Suggests Law Commission Route
Case Law Details
- Case Name
- Hari Shankar Jain & Anr. Vs Union of India (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Hari Shankar Jain & Anr. Vs Union of India (Supreme Court of India)
The petitioners filed a writ petition before the Supreme Court of India under Article 32 of the Constitution seeking to strike down the words “or shall be deemed to affect any rule of Muhammadan law” appearing in Section 129 of the Transfer of Property Act, 1882. They argued that the exemption granted to gifts defined under Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 from the requirement of compulsory registration and payment of stamp duty causes loss to the public exchequer an...






