Judgment Search Results Home > Cases Phrase: durgah khawaja saheb act 1955 amending act i durgah khawaja saheb amendment act 1964 Page 1 of about 646 results (0.149 seconds)

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

..... save as otherwise expressly provided under this act, this act shall apply to all auqaf whether created before or after 59 the commencement of this act: provided that nothing in this act shall apply to durgah khawaja saheb, ajmer to which the durgah khawaja saheb act, 1955 (36 of 1955) applies. ..... in other words, according to him, in view of the fact that though prior to the amendment in 1964, the word beneficiary was defined in such a manner that a muslim who purported to create a wakf, the benefit of which was available to all without reference to religion was 2 air1963sc98527 tabooed, after the amendment, a wakf which has for its object any public utility which is sanctioned by muslim law would pass muster as a valid wakf ..... . the very same definition of section 3(a) after the amendment in 1964 has been replicated in the act as ..... v. madras state wakf board(3) kailasam j.has held that the coming into force of act 34 of 1964 amending the wakf act of 1954 will have to be taken into account and that the donation of an immoveable pro party even though by a person not professing islam, would be a wakf, if the other conditions ..... in the notes on clauses in bill no.32 of 1964 which culminated in the amending act 34 of 1964, we notice: clause 2- the definition of beneficiary in section 3(a) of the act involves a deviation from the real concept of beneficiary under the muslim law which makes no distinction between muslims and non-muslims in the matter of beneficiaries or disbursement of .....

Syed Saulet HussaIn and ors. Vs. Syed IlmuddIn (Dead) ors.

Court : Supreme Court of India

Reported in : AIR1987SC2213; JT1987(3)SC509; 1987(2)SCALE500; 1987Supp(1)SCC285; [1988]1SCR52

..... the government of india brought forward a legislation called the durgah khawaja saheb act, 1955 (act no.36 of 1955) which we may term it as the dks act. ..... two special leave petitions concern the right to succeed to the office of sajadanashin to 'durgah khawaja saheb ajmer'. ..... reflected from the speech of the home minister in the parliament while piloting the khawaja saheb bill which later became the dks act. ..... (2) or sub-section (4) shall be final and shall not be questioned in any court.section 21 reads:transitional provisions21.the person holding the office of sajadanashin immediately before the commencement of this act shall, on and such commencement, continue to hold that office subject to other provisions of this act and the final decision in the suit relating to that office which is pending on such commencement and to which the said person is a party.25. ..... receipt of the decision of the high court and with the previous approval of the governor, the durgah committee under sub-section (4) shall accord recognition as sajadanashin to the person found entitled to succeed to ..... that in view of section 13 and 21of the dks act, the durgah committee has power to appoint a proper person as sajadanashin ..... at the outset that it is not disputed before me that the office of sajadanashin or dewan attached to the durgah is a hereditary office and successor to that office is governed by the rule of primogeniture. ..... the plaintiff amended the plaint revising the ..... on september 30, 1964, the trial court .....

Satradhikar, Bengana-ati Vs. State of Assam and ors.

Court : Guwahati

..... the challenge made to the vires of section 5 of durgah khawaja saheb act, 1955, which related to the powers of the committee to manage the property on the ground that it included other than chishtia soofies, was also negated ..... two questions, therefore, arise in connection with the argument of learned counsel for the petitioners : (1) does section 148-b added to principal act by the amending act of 1959 have reference only to administration of property of sikh gurdwaras and, therefore, must be judged by clause (d) of article 26 or (2) does it affect 'matters of religion' within the meaning of clause (b) of the said ..... the other submission which was advanced on behalf of the petitioner is that the act of 1959 having received the assent of the president, the impugned amendment should also have been reserved for the assent of the president, failing which it is ineffective ..... the safeguard provided by article 31b is extended to the act including the amendments thereof till the date of its inclusion in the ixth schedule, but it shall not be applicable to the amendments made to the statute after the date of incorporation in ..... taken us through the schedule to indicate that wherever it is intended to protect an amendment as well, such amending act is also included or placed in the ixth schedule. ..... absence of any repugnancy between the amended provisions and the existing provisions of the act of 1959, in our view, it was not at all required to have the amendment reserved for the assent of the .....

Amjadulla Siddiqui and anr. Vs. Mirza NizamuddIn Baig and ors.

Court : Andhra Pradesh

Reported in : AIR1982AP342

..... that nothing in this act shall apply to durgah khawaja saheb, ajmer to which the durgah khawaja saheb act, 1936 and the durgah khawaja saheb (emergency provisions) act, 1950 apply'. ..... the court below appointing mir sah zahoor as the mutavalli of the plaintiff-mosque, the compromise recorded by us has to be set aside in as much as in the said compromise the plaintiff-mosque was represented by a person not competent to act on its behalf and whose claim for muttavalliship was negatived by the civil court earlier to the date on which we recorded the compromise. ..... the wakf board contended before the learned subordinate judge that in view of the coming into force of the wakf act, 1954, the scheme framed earlier cannot be acted upon or enforced and therefore the civil court has no jurisdiction to appoint the mutavalli or trustee, as the case may be in terms of the scheme, for this ..... 92 of the code of civil procedure in respect of wakfs, prior to the coming into force of the act, shall cease to be operative on the coming into force of the act, nor is there any provision which says that wherever such schemes confer certain powers or cast certain duties upon the court, such powers and duties shall be exercised and performed by the wakf board ..... have a right to nominate one of her children as successor after her as per shariah law to succession open to the next near relation'.it appears that after execution of ex.b-29, abdul rahim's daughter died, whereupon he executed a deed of amendment, ex. .....

Janab K. Abdul Rahim Vs. the Divisional Electrical

Court : Central Administrative Tribunal CAT

Reported in : (2004)(1)SLJ215CAT

..... in the said judgment khadims of the tomb of khawaja moin-ud-din chisti of ajmer challenged the durgah khawaja sahib act on the ground that the provisions specified in the said petition are ultra vires and they claimed a direction or appropriate writ ..... provisions of any law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptions and modifications of such law, whether by way of repeal or amendment, as may be necessary or expedient, and provide that the law shall, as from such date as may be specified in the order, have effect subject to the adaptations and modification so made, and any such ..... to the other provisions of this constitution, all the law in force in the territory of india immediately before the commencement of this constitution shall continue in force therein until altered or repealed or amended by a competent legislature or other competent authority".the learned counsel for the applicant contended that article 372 includes areas of law such as tort, personal law etc. ..... the delhi high court held that rule 21 of ccs (conduct) rules, 1964, prohibiting second marriage is not ultra vires article 309 and the said rule has been made ..... subsisting is no longer permitted by the law of the land affecting hindus as defined by the hindu marriage act, 1955. ..... para 12, which reads as under:sardar syedna taker safiuddin saheb v. ..... air 1962 sc 853 particularly para 65, sardar syedna taher saifuddin saheb v. .....

K.S.Sharfudeen Vs. 1.Union of India,

Court : Chennai

..... ali, air1961sc1402 a writ petition under article 226 was filed by the khadims of tomb of khawaja moin-ud-din chishti of ajmer, challenging the vires of durgah khawaja saheb act xxxvi of 1955. ..... was contended before the supreme court that the 2011 amendment act had the effect of bringing back section 14 of the 2010 act which was earlier declared ultra vires by the high ..... to the explanation inserted under section 15(1) by way of the wakf (amendment) act, 1984 to the wakf act, 1954 and also after referring to the explanation under section 32(1) under the 1995 act, the division bench of the andhra pradesh high court, held in paragraph 29 of the judgment that the schemes framed under sections 92 and 93 of the code of civil procedure are in no way affected on account of the enactment of 1954 act. ..... of objects and reasons of the wakf act, 1995, shows that the attempts to revamp the working of the wakf act, 1954 in the year 1984 by way of an amendment, met with stiff resistance. ..... but the provisions of the wakf (amendment) act, 1984 could not be enforced, on account of very ..... one of the opposition to the amendments proposed under the 1984 act was that the wakf board itself was made subordinate to the wakf commissioner who was conferred with ..... of tamil nadu vs.k.shyam sunder, (2011) 8 scc737the question that came up for consideration before the supreme court was about the striking down of section 3 of the tamil nadu uniform system of school education (amendment) act, 2011 by the high court. .....

Board of Muslim Wakfs, Rajasthan Vs. Radha Kishan and ors.

Court : Supreme Court of India

Reported in : AIR1979SC289; (1979)2SCC468; [1979]2SCR148

..... act applicable to all wakfs in india except to durgah khawaja saheb, ..... the high court observes :in our opinion, the words 'any person interested therein' appearing in sub-section (1) of section 6 mean no more than a person interested in a wakf as defined in clause (h) of section 3 of the act....it is urged by learned counsel for the petitioners that the legislature has not used in section 6(1) the words 'any person interested in a wakf and, therefore, this meaning should not be given to the words 'any person ..... the questions that fall for determination upon the appeal are two; first, whether a commissioner of wakfs appointed under sub-section (1) of section 4 of the wakf act, 1954, has the jurisdiction under sub-section (3) of section 4 to enquire whether a certain property is wakf property or not when such a dispute is raised by a stranger to the wakf and second, if so, whether the failure of such ..... better if the legislature had inserted a provision like section 6-c incorporated in the mussalman wakf act, 1923 by the mussalman wakf (bombay amendment) act, 1935, which was in force in the states of maharashtra and gujarat, namely :6-c. ..... the commissioner of wakfs by his report dated december 15, 1964 on the basis of the evidence led before him, held the disputed property to be wakf property recommended that it be recorded as such, and accordingly, forwarded a report to that effect to the state government as required ..... act, 1954 was extended to the state of rajasthan on february 1, 1955 .....

Raghunath Misra Vs. Kishore Chandra Deo Bhanj and ors.

Court : Orissa

Reported in : AIR1958Ori260

..... in that case it was held by the supreme court 'no doubt the committee of the durgah endowment under act 36 of 1955 is to be appointed by the government of india but it is a body corporate with perpetual succession acting within the four corners of the act. ..... 8, the result of the election cf the returned candidate has been materially affected as provided in clause (d) of sub-section (1) of section 100, section 100 of the act, as amended by act 27 of 1956 under which the improper rejection of a nomination was placed on a different footing from the improper acceptance of a nomination (sic). ..... he took us through the several provisions of the orissa grama pancnayats act as amended by act 5 of 1957 to show the nature of the services rendered by sarpanches and the nature of office held by them.the orissa grama panchayats act, 1948 is an act to establish and develop local self-government in the village communities of the province of orissa and to make better provision for their administration. ..... under section 6 of the act, as amended, every grama sasan shall be a body corporate by the name of the grama for which it is constituted and shall have perpetual succession and a common seal with power to acquire and hold property, both movable and immovable, and, subject to the provisions of this act or of any rules made thereunder, to transfer any property held by it, to enter into contracts and to do all other things necessary for the purpose of carrying out the .....

Syed HussaIn Ali S/O Syed Siddiq Ali and ors. Vs. the Durgah Committee ...

Court : Rajasthan

Reported in : AIR1959Raj177

..... durgah khwaja saheb (emergency provisions) act, 1950, and finally durgah khwaja saheb act, 1955 ..... of the durgah khwaja saheb act, 1955 (act no. ..... was next urged that the durgah khwaja saheb act was not a religious act, but was a secular act enacted for the better management and control of the properties of the durgah endowment and the question of ..... the said durgah khwaj'a saheb act was brought into force by the central government with effect from 1st march, 1956, and the nazim (administrator) of the durgah sharif wrote to the secretary anjuman moinia fakria chishtia and yadgar chishtia khuddam khwaja on 29th february, 1956, intimating that the act was to ..... 1955 the parliament of india enacted the durgah khwaja saheb act ..... that behalf, which can be exercised arbitrarily; section 11(h)- so far as it empowers the secular committee to determine even the spiritual functions and powers, if any, which the sajjadanashin may exercise in relation to the durgah; section 13(1)- so far as it empowers the secular committee to make interim arrangements for the performance of the spiritual functions of the sajjadanashin as it may think fit with the previous approval of the chief commissioner; ..... durgah committee this exclusive right was challenged, and he put forward the claim of the committee to recover gold and silver articles including kabarposhes or any other article offered for the use of the tomb, dome or the durgah khawaja saheb ..... been amended by the fourth amendment act 1955, and ..... amended by act .....

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT112

..... with regard to the dargah khawaja saheb, ajmer, separate enactment in dargah khawaja saheb act, 1955 was enforced and to that extent this act does not apply.constitutional protection:64. ..... further, the expositions of legal position by the honourable supreme court under the mohammedan law with reference to khawaja saheb's act and regarding hindu law under the mutt's case referred to above clearly establish that a wakf or a religious or charitable endowment; apart from the religious nature, may also deal with secular part, which includes ..... where a sajjadanashin is also a mutawalli, he has, in addition, certain spiritual functions to perform in such a case he is not only a mutawalli, but also a spiritual preceptor and curator of the durgah where usually his ancestor would be buried, and in him is supposed to continue the spiritual line (silsilla). ..... amendments were made to the wakf act, 1954 in 1959, 1964, 1969 and 1984, but still there was criticisms as to its actual working, so a new comprehensive bill on matters pertaining to wakf was passed in the year 1995 (act no. ..... virus of certain provisions of the said act on the grounds similar to the one with which we are concerned herein, was the subject matter of a decision of the supreme court in durgah committee, ajmer v. ..... reliance is placed on the decision of the apex court in durgah committee, ajmer v. ..... as is believed, durgahs are the graves of celebrated dervishes, who in their life-time were regarded as saints. .....