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Supreme Court Ram Janmabhumi Temple Case
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Supreme Court Ram Janmabhumi Temple Case

by SCC Editorial
Edition: 2020
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Product Details:

Format: Hardbound
Pages: 831 pages
Publisher: Eastern Book Company
Language: English
ISBN: 9789389656527
Dimensions: 24.2 X 15.8 X 5.6 CM
Publisher Code: AD/652
Date Added: 2020-02-24
Search Category: Lawbooks
Jurisdiction: indian

Overview:

The landmark judgment of the 5 judge constitution bench of the Supreme Court headed by the Chief Justice Ranjan Gogoi on the Ram Janmabhumi Temple case is now available as independent volume with beautiful printing and getup.

The handy volume is the exact reproduction of the entire landmark judgment as published in Supreme Court CasesTM retaining the SCC pagination and paragraphing for easy citability in court. It also includes the elaborate headnote that summarises all the facts, issues and the points of law, and the case-law and reference materials relied upon. It also carries a subject index for pointed search on any point of law.

Notable Excerpts

Above all, the law needs to be determined, interpreted and applied in this case to ensure that India retains its character as a home and refuge for many religions and plural values. It is in the cacophony of its multilingual and multicultural voices, based on a medley of regions and religions, that the Indian citizen as a person and India as a nation must realise the sense of peace within. It is in seeking this ultimate balance for a just society that we must apply justice, equity and good conscience. It is in these situations, that courts are empowered to ensure a just outcome by passing an order necessary to ensure complete justice between the parties.

- M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, para 1023

Above all, the practise of religion, Islam being no exception, varies according to the culture and social context. That indeed is the strength of our plural society. Cultural assimilation is a significant factor which shapes the manner in which religion is practised. In the plural diversity of religious beliefs as they are practised in India, cultural assimilation cannot be construed as a feature destructive of religious doctrine. On the contrary, this process strengthens and reinforces the true character of a country which has been able to preserve its unity by accommodating, tolerating and respecting a diversity of religious faiths and ideas. Our court is founded on and owes its existence to a constitutional order. Any attempt to lead the court to interpret religious doctrine in an absolute and extreme form and question the faith of worshippers must be firmly rejected. Nothing would be as destructive of the values underlying Article 25 of the Constitution.

- M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, para 91

An adjudication of title has to be deduced on the basis of evidence sustainable in a court of law, which has withstood the searching scrutiny of cross-examination. Similarly, the contents of gazetteers can at best provide corroborative material to evidence which emerges from the record. The court must be circumspect in drawing negative inferences from what a traveller may not have seen or observed. Title cannot be established on the basis of faith and belief above. Faith and belief are indicators towards patterns of worship at the site on the basis of which claims of possession are asserted. The court has evaluated the rival claims to possessory title in a situation in which the State has expressly stated in its written statement that it claims no interest in the land.

- M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, para 1209

Application of legal principles to make deductions and inferences out of historical context is a perilous exercise. One must exercise caution before embarking on the inclination of a legally trained mind to draw negative inferences from the silences of history. Silences are sometimes best left to where they belong?the universe of silence.

- M. Siddiq (Ram Janmabhumi Temple-5 J.) v. Suresh Das, (2020) 1 SCC 1, para 870

Table Of Contents:

Notable Excerpts

Table of Case-Law Cited

Ram Janmabhumi Temple Case

Subject Index

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