Judgment Search Results Home > Cases Phrase: durgah khawaja saheb act 1955 amending act i durgah khawaja saheb amendment act 1964 Court: supreme court of india Page 1 of about 109 results (0.185 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 .....

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 .....

Syed Gulzar HussaIn and ors Vs. Dewan Syed Ale Rasul Ali Khan and ors

Court : Supreme Court of India

..... a receiver, which the executing court as well as the high court felt, it would not be in the best interest of all concerned and thought of making some interim arrangement with the junction of durgah committee, a body constituted under section 4 of the dargah khwaja saheb act, 1955. ..... shall not cause any obstruction either to the nazim or his representative, or the judgment creditor, the dewan or his representative, or any member of the durgah committee to enter and sit inside/outside the dome of the shrine or the precincts of the durgah, and shall cooperate the nazim in implementing the directions given by this court; vii) the nazim shall display notice boards in hindi, english and urdu languages ..... petitioners submit that the high court, while deciding the above issue, practically framed a scheme for the implementation of the final decree dated 3.5.1933 (as amended on 29.1.1940) in civil suit no.9 of 1929 passed by the additional district judge, ajmer-merwana, ajmer which, according to the petitioners, was not warranted and ..... concerned with the resolution of a dispute between the dewan sajjadanashin and khadims of the holy shrine of hazrat khawaja moinuddin chishti at ajmer with regard to the sharing of nazrana offered by the pilgrims visiting the holy shrine. ..... the durgah of hazrat khawaja moinuddin chisti, as already indicated, is a holy shrine where, every day, a large number of pilgrims/visitors from the country and outside, visit and offer their prayers and pay donations .....

Shibu Soren Vs. Dayanand Sahay and ors.

Court : Supreme Court of India

Reported in : AIR2001SC2583; JT2001(5)SC504; (2001)3MLJ124(SC); 2001(4)SCALE395; (2001)7SCC425; [2001]3SCR1020

..... : : [1958]1scr387 a constitution bench of this court considered the case of a manager of a school run by a committee of management formed under the provisions of the dargah khwaja saheb act, 1955. ..... for being a member of the council if- (a) he holds any office of profit under the government of india, any state government, a local body and corporation, board or authority, co-operative society, a company established under the company act, 1956 (centra' act 1 to 1956) in which more than 25 per cent has been contributed in the share capital by any government or governments, other than an office declared by the legislature of the state by law not to disqualify its holder; ..... state government not only had the exclusive jurisdiction to appoint (nominate) the chairman of interim jaa council but also power to remove him since under section 23(7) of the jaac act, the chairman and vice-chairman of the interim jaa council, as well as members of the interim executive council, 'shall hold their office during the pleasure of ..... act as enacted by the state legislature amounted to amending or altering the representation of people act, ..... vs. shankar prasad ghosal : [1964]4scr311 : [1964]4scr311 , with advantage] and, therefore, we hold that the appellant was holding his ..... a statutory body and such appointment cannot be called an appointment by or under the control of the government of india nor is his salary paid out of the revenues of the government but out of the funds of durgah endowment. .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... and levy a duty of excise on tea produced in india.the statement of objects and reasons, the report of the selectcommittee as also the various amendments made therein from time to time,particularly amending act 21 of 1967, amending act 22 of 1970, amending act75 of 1976, amending act 38 of 1983 and amending act 24 of 1986 leave nomanner of doubt that the tea industry had occupied a very importantposition in the country and in that view of the ..... interest under clause (gc) shall be payable in respect of assessments for which notices of demand of rural employment cess under clause (d) are issued on or after the date of commencement of the west bengal taxation laws (amendment) act, 1992:provided that interest under clause (ga) or clause (gb) in respect of anyperiod ended on or before the 31st day of march, 1992, or interest underclause (gc) in respect of assessments for which, notices of ..... of coal is to be determined by thecentral government or the coal controller under the colliery control order1945 which was continued under essential commodities act, 1955 and thusbeing covered by entry 33 list iii of the seventh schedule of theconstitution of india, no tax on coal can be ..... the state of bihar amended thebihar minor mineral concession rules, 1964, whereby with affect from27.1.1964 the ..... (1964) 6 scr 566 was awrit petition filed under article 32 of the constitution laying challengeto the validity pf notices of demand for the payment of land cess under themadras district boards .....

N. Adithayan Vs. the Travancore Devaswom Board and ors.

Court : Supreme Court of India

Reported in : AIR2002SC3538; 2003(1)ALD28(SC); 2002(4)ALLMR(SC)843; 95(2003)CLT504(SC); JT2002(8)SC51; 2002(3)KLT615(SC); (2002)8SCC106; [2002]SUPP3SCR76

..... and claims based upon article 25 have to be viewed and appreciated in proper and correct perspective in the light of articles 15, 16 and 17 of the constitution of india and the provisions contained in the protection of civil rights act, 1955, enacted pursuant to the constitutional mandate, which also not only prevents and prohibits but makes it an offence to practice 'untouchability' in any form. ..... a departure, as already shown, would inevitably lead to the defilement of the image, the powers thus taken by the government under the amendment act would lead to interference with religious freedom guaranteed under articles 25 and 26 of the constitution.'12. ..... , in the same decision, the grievance that the innocent looking amendment brought the state right into the sanctum sanctorum, through the agency of trustee and archarka, this court observed as hereunder:'by the amendment act the principle of next-in-the-line of succession is abolished. ..... 895; durgah committee, ..... : [1964]1scr561 : [1964]1scr561 dealing with the nature and extent of protection ensured under articles 25(1) and 26(b), the distinction between a practice which is religious and one which is purely secular, it has been observed as follows:'in this connection, it ..... again reviewed the principles underlying the protection engrafted in articles 25 and 26 in the context of a challenge made to abolition of hereditary right of archaka, and reiterated the position as hereunder:'this court in sardar syadna taher saifuddin saheb v. .....

State of U.P. Vs. Dan Singh and Others

Court : Supreme Court of India

Reported in : AIR1997SC1654; 1997(1)ALD(Cri)470; 1997(1)ALT(Cri)644; 1997(2)BLJR1662; 1997CriLJ1150; 1997(1)Crimes121(SC); JT1997(2)SC149; 1997(1)SCALE626; (1997)3SCC747; [1997]1SCR764

..... an singh respondents under sections 302/149 307/149 436/149 323/149 and 147, ipc and sub-sections (iv) and (x) of section 4 and section 7 of the protection of civil rights act, 1955 is dismissed.by the second order the papers were directed to be placed before the chief justice for the appeal to be placed before another judge under section 392 of the crpc. ..... large number of assailants who were members of an unlawful assembly committed an offence of murder in pursuance of a common object, the manner in which the evidence should be appreciated was adverted upon by this court in masalti's case : [1964]8scr133 (supra) at page 210 as follows:then it is urged that the evidence given by the witnesses conforms to the same uniform pattern and since no specific part is assigned to all the assailants, that evidence should not ..... it was held that charges against them under section 4(iv) and (x) of the protection of civil rights act, 1955 as well as charges under sections 147 302/149 436/149 323/149 and 307/149, ipc, stood established and the judge proposed to sentence them ..... one more principle which was laid down in masalti's case : [1964]8scr133 (supra), and which would be applicable here, is that where 'a court has to deal with the evidence pertaining to the commission of an offence involving a large number of offenders and a large number of victims, it is ..... : [1964]8scr133 ) that it is not necessary for the prosecution to prove which of the members of the unlawful assembly did which or what act. .....

Chandran @ Manichan @ Maniyan, and ors. Vs. State of KeralA.

Court : Supreme Court of India

..... imprisonment for a term which shall not be less than two years but which may extend to imprisonment for life, and with fine which may extend to fifty thousand rupees;(ii) if, as a result of such act, death is caused to any person, with death or imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life, and with fine which may extend to ..... it was further suggested that though sections 299 and 300 of ipc make a distinction between culpable homicide and murder but the amendment act has done away with this salutary distinction and mere death of a person by consumption of adulterated arrack, makes the offender liable for conviction and imprisonment for life or ..... in paragraph 53 the court noted the object of the amendment act which was to put down the menace of adulteration of ..... the court also noted the object of the amendment act which was to prevent recurrence of large scale deaths or grievous hurt to the consumers of adulterated liquor mixed ..... this punishment has been brought in by way of an amendment by act 16 of 1997 before which the punishment was merely two years and with fine of not less ..... a new section was added by amendment act no.21 of 1984 being section 57a which is the most relevant section ..... objects and reasons for amendment act 21 of 1984, 12 of 1995, 4 of 1996 and 16 of 1997 suggest the reasons why deterrent punishments were provided for the offence under the act. ..... made further stringent by the amendment act no.12 of 1995. .....

Ramdev Food Products Pvt. Ltd. Vs. Arvindbhai Rambhai Patel and ors.

Court : Supreme Court of India

Reported in : AIR2006SC3304; 2006(6)ALD36(SC); 2007(1)ALLMR(SC)402; (2007)1GLR594; JT2006(8)SC393; 2006(33)PTC281(SC); 2006(8)SCALE631; (2006)8SCC726

..... the learned judge, however, opined that as per the provisions of the prevention of food adulteration act, 1955, it was mandatory to disclose the name and address of the manufacturer they have been writing their name 'ramdev masala' as ..... general, where one party has, by his words or conduct, made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly, then, once the other party has taken him at his word and acted on it, so as to alter his position, the party who gave the promise or assurance cannot afterwards be allowed to revert to the previous legal relationship as if no such promise ..... (iv) the learned trial judge as also the high court misconstrued and misinterpreted the provisions of the 1958 act vis--vis prevention of food adulteration act and standards of weights and measures act, as in a case of such nature, a mandatory injunction could be issued directing change of the corporate name of the respondent no.1; as the ..... however, what was contended was that the agreement required registration in terms of section 17(1) of the registration act whereas the high court had found that the user agreement was not registered in terms of section 49 of the act holding: .the composition deed in this case was a transaction between the members of the same family for ..... act envisages filing of an application (section 18), advertisement thereof (section 20), opposition thereto (section 21) and correction and amendment .....