HAMMAD AHMED versus ABDUL MAJEED AND ORS.

HAMMAD AHMED versus ABDUL MAJEED AND ORS.

The inadvertent mention of 'management' in the previous judgment was corrected to 'banking operations', clarifying that the arrangements as per the resolution of April 28, 2015 apply only to banking operations of Hamdard Laboratories (India), not overall management; exclusive right to operate bank accounts as sole signatory was not granted to appellant.

Parties
Appellant Plaintiff: Hammad Ahmed; Respondent No.1: Abdul Majeed; Respondent No.2: Respondent no.2
Jurisdiction
India
Judgment Date
09 July 2019
Procedural Posture
Miscellaneous Application in Civil Appeal / Post Judgment Correction and Disposal of Related Applications
Outcome
Miscellaneous Applications disposed of; word 'management' substituted by 'banking operations' in prior judgment; contempt petitions dismissed; direction claim regarding representation in criminal proceedings referred to appropriate civil suit.
Legal Topics
Appointment of Chief Mutawalli, Management and Banking Operations of Wakf Institution
Succession Wakf Law Appointment of Chief Mutawalli Management and Banking Operations of Wakf Institution

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Parties

Hammad Ahmed

Appellant Plaintiff

Abdul Majeed

Respondent No.1

Respondent no.2

Respondent No.2

Procedural Posture

Miscellaneous Application in Civil Appeal / Post Judgment Correction and Disposal of Related Applications

Legal Issues

  1. 1 Whether the appellant is entitled to operate bank accounts of Hamdard Laboratories (India) as sole signatory in capacity as Chief Mutawalli
  2. 2 Clarification of judgment regarding arrangements for management/banking operations as per resolution dated April 28, 2015
  3. 3 Appropriate representation of Hamdard in pending criminal proceedings

Ratio Decidendi

The inadvertent mention of 'management' in the previous judgment was corrected to 'banking operations', clarifying that the arrangements as per the resolution of April 28, 2015 apply only to banking operations of Hamdard Laboratories (India), not overall management; exclusive right to operate bank accounts as sole signatory was not granted to appellant.

Court Disposition

Miscellaneous Applications disposed of; word 'management' substituted by 'banking operations' in prior judgment; contempt petitions dismissed; direction claim regarding representation in criminal proceedings referred to appropriate civil suit.

Orders

  • Word 'management' in para 59 of prior judgment substituted with 'banking operations'.
  • Miscellaneous Applications Nos. 883-884 of 2019 disposed of.