Supreme Court of India

Central Board of Dawoodi Bohra Community & Anr. v. The State of Maharashtra &anr.

Neutral citation

Reported as [2023] 1 S.C.R. 293

Bench Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath and J. K. Maheshwari JJ.

Decided 10 February 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that the present writ petition deserves to be tagged with Review Petition (Civil) No.3358 of 2018 pending before the Bench of nine Hon’ble Judges.

Judgment, page 24

From the headnote

Bombay Protection of Ex-communication Act, 1949 – The Act, 1949 provided that ex-communication of a member of any community shall be invalid and shall be of no effect – Head o f the Dawoodi Bohra community challenged the Act on grounds that it infringed on fundamental rights guaranteed u/Arts.25 and 26 o f the Constitution – Constitution Bench of Supreme Cour t (of five Judges) in the case of Sardar Syedna , by majority, held that ex- communication amongst the Dawoodi Bohras forms an integral par t of the management of the community and therefore, i nterference with the right to

Authorities it was built on

2017 Justice K S Puttaswamy (retd.), and Anr. v. Union of India and Ors. cited by 51
1986 Central Inland Water Transport Corporation Ltd. & Anr. Etc. v. Brojo Nath Ganguly & Anr. cited by 37
2018 Navtej Singh Johar & Ors. v. Union of India Thr. Secretary Ministry of Law and Justice cited by 29
2014 Manoj Narula v. Union of India cited by 26
2018 Government of Nct of Delhi v. Union of India & Another cited by 15
2017 Indian Young Lawyers Association & Ors. v. State of Ker,ala & Ors. cited by 9
2019 Kantaru Rajeevaru v. Indian Young Lawyers Association Thr. its General Secretary and Ors. cited by 5
1962 Sardar Syedna Taher Saifuddin Saheb v. The State of Bombay cited by 1

Where later benches applied it

2024 Union of India v. Pranav Srinivasan referred to

Of those, 1 referred to

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