Judgment Search Results Home > Cases Phrase: durgah khawaja saheb act 1955 section 14 power to solicit or receive offerings on behalf of the durgah Page 1 of about 82 results (0.301 seconds)

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

Court : Rajasthan

Reported in : AIR1959Raj177

..... (f) conferred the power and imposed the duty to determine the privileges of the khadims and to regulate their presence in the durgah by ihc grant to them of licences in that behalf, if the committee thought it necessary to do so; section 14, which made it lawful for the nazim or any person authorised by him in this behalf to solicit and receive on behalf of the durgah any nazars or offerings from any person, and notwithstanding anything contained in any rule of law or decision to the contrary, further directed that no person other than the nazim or any person authorised by him in this behalf was to receive or be entitled to receive nazars or offerings on behalf of the durgah; section 16, sub-section ..... as a result, the petition if allowed in part and the following provisions of the durgah khwaja saheb act, 1955 (act no. ..... ill the written statement filed by the president of the 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. 55. ..... the anjuman moinia fakria chishtia and yadgar chishtia khuddam khawaja, which represent the khadims, including the petitioners commenced negotiations with the durgah committee on a variety of matters, but the nazim by his letter no. .....

The Durgah Committee, Ajmer and anr. Vs. Syed HussaIn Ali and ors.

Court : Supreme Court of India

Reported in : AIR1961SC1402; [1962]1SCR383

..... this section confers power on the nazim or his agent to solicit or receive offerings on behalf of the durgah and prohibits any other person from soliciting such offerings. ..... if as a result of the enforcement of the present act incidentally more offerings are paid to the durgah and are received on behalf of the durgah that is a consequence which the respondents may regard as unfortunate but which introduces no infirmity in the validity of the act. 49. ..... 226 of the constitution by the nine respondents who are khadims of the tomb of khwaja moin-ud-din chishti of ajmer challenging the vires of the durgah khwaja saheb act xxxvi of 1955 (hereafter called the act). ..... in 1936 act xxiii of 1936 was passed specifically with the object of making better provision for the administration of the durgah and the endowment of the durgah of khwaja moin-ud-din chishti known as the durgah khwaja saheb, ajmer. ..... xxiv of 1949 which was followed by emergency provisions act, 1950, and finally by the act of 1955 with which we are concerned in the present appeal. .....

Maulana Abdul Shakur Vs. Rikhab Chand and anr.

Court : Supreme Court of India

Reported in : AIR1958SC52; (1958)IMLJ88(SC); [1958]1SCR387

..... , of march 1, 1956, because, according to that officer, under the provisions of durgah khwaja saheb (emergency provisions) act, 1950 (xvii of 1950) which was in force up to february 29, 1956, the appellant was holding an office of profit under the government but on the coming into force of the durgah khwaja saheb act (xxxvi of 1955) on march 1, 1956, he no longer held such office under the government. ..... 6(2) the government has the power of removal from office of any member of the committee and because the committee can make bye-laws prescribing the duties and powers of the employees of the durgah, the appellant was under the control and supervision of the central government and therefore he was holding an office of profit under the government of india ..... that was a case under the industrial disputes act and the question for decision was whether a cashier appointed by the bank's treasurer on behalf of the bank and paid by the bank was a servant of the bank. ..... the act of 1950 was replaced by the durgah khwaja sahab act (xxxvi of 1955) which received the assent of the president on october 14, 1955, but came into force on march 1, 1956 ..... section 11(f) of the act gave to the committee the power to appoint all its servants. 9. ..... he also prayed that he be declared elected as the votes cast in the appellant's favour were 'thrown away' votes and the respondent alone received a majority of valid votes. 3. ..... he received 19 votes as against 7 polled in favour of the other candidate who is respondent no .....

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

..... accepting the report, 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. ..... the appeal and two special leave petitions concern the right to succeed to the office of sajadanashin to 'durgah khawaja saheb ajmer'. ..... this has been reflected from the speech of the home minister in the parliament while piloting the khawaja saheb bill which later became the dks act. ..... (5) an order passed by the committee under sub-section (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. ..... he urged that sections 13 and 21 of the dks act confer power on the durgah committee to appoint a suitable person as sajadanashin. ..... counsel next contended that in view of section 13 and 21of the dks act, the durgah committee has power to appoint a proper person as sajadanashin. ..... in response to the said notice, as many as eleven applications were received by the durgah committee. .....

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. 29 ..... , the question relating to the validity of the provisions regulating the management, administration and governance of shri mata vaishno devi shrine and shrine fund under j&k; act 16of 1988, extinguishing the right of baridars to receive offerings made by pilgrims, was held to be valid ..... since the main thrust on behalf of the petitioner is about the violation of articles 25 and 26 of the constitution of india and since the submissions are to be considered in the background of the abovenoted provisions, it may be better to peruse articles 25 and 26 of the constitution. ..... 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 and invalid ..... wefind that the submission made on behalf of the petitioner is fortified by the view taken in the decisions of the apex court, reported in air 1959 sc 459 (sri ram ..... the next contention raised on behalf of the petitioner to challenge the provision is that the deputy commissioner or the sub-divisional officer or his nominee shall be the president and there may come an occasion where a member of other community may hold such office .....

S. Nagender Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2006(4)ALD210; 2006(4)ARBLR75(AP)

..... it was contended for the respondent in that case that under sections 5 and 9 of the durgah khwaja saheb act, 1955 the government of india had the power of appointment and removal of members of the committee of management as also the power to appoint the administrator in consultation with the committee; therefore the appellant was under the control and supervision of the government and that therefore he was holding an office of profit under the government of india. ..... rikhab chand 1958 scr 387 : : [1958]1scr387 , the appellant was the manager of a school run by a committee of management formed under the provisions of the durgah khwaja saheb act, 1955. ..... factors which enter into the determination of this question - the appointing authority, the authority vested with power to terminate the appointment, the authority which determines the remuneration, the source from which the remuneration is paid, and the authority vested with power to control the manner in which the duties of the office are discharged and to give directions in that behalf - must all co-exist and each must show subordination to government and that it must necessarily follow that if one of the elements is absent, the test of a person holding an office ..... the services were rendered without regard to the remuneration received or to be received. .....

Chet Ram Vs. Jit Singh

Court : Supreme Court of India

Reported in : AIR2009SC659; JT2008(12)SC1; (2009)153PLR108; 2008(13)SCALE507:2008AIRSCW7842:2008(6)LHSC4139

..... it was contended for the respondent in that case that under sections 5 and 9 of the durgah khwaja saheb act, 1955 the government of india had the power pf appointment and removal of members of the committee of management as also the power to appoint the administrator in consultation with the committee; therefore the appellant was under the control and supervision of the government and that therefore he was holding an office of profit under the government of india. ..... the learned counsel appearing on behalf of the respondent, on the other hand, would support the judgment.8. ..... the approach which appeals to us to interpret the expression 'office of profit' is that it should be interpreted with the flavour of reality bearing in mind the object for enactment of article 102(1)(a), namely, to eliminate or in any event to reduce the risk of conflict between the duty and interest amongst members of the legislature by ensuring that the legislature does not have persons who receive benefits from the executive and may thus be amenable to its influence. ..... punit leekha, learned counsel appearing on behalf of the appellant would submit that a part time employee working in a post office does not hold any office of profit under the government and, therefore, the impugned judgment cannot be sustained. ..... strong reliance in this behalf has been placed on madhukar g.e. .....

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

..... the government of india under section 5 and 9 of the dks act, 1955 had the power to appoint as well as remove members of the committee of management and power to appoint an administrator in consultation with the ..... salrary' is not material - it is the substance and not he form which matters and even the quantum or amount of 'pecuniary gain' is not relevant - what needs to be found out is whether the amount of money receivable by the concerned person in connection with the office he holds, gives to him some 'pecuniary gain', other than an 'compensation' to defray his out of pocket expenses, which may have the possibility to bring that person under the influence of the executive, which is conferring that benefit ..... 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. ..... the other hand on march 1, 1956, he was holding his appointment under a committee which is 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 ..... profit' to cast the net so wide that all our citizens with specialities and know how are inhibited from entering elected organs of public administration and offering semi-voluntary services in para-official, statutory or like projects run or directed by government or corporations controlled by the state may be .....

Biharilal Dobray Vs. Roshan Lal Dobray

Court : Supreme Court of India

Reported in : AIR1984SC385; (1984)1SCC551; [1984]1SCR877; 1984(16)LC141(SC)

..... the unsuccessful candidate, the respondent therein, filed an election petition questioning the validity of the election on the ground that the appellant therein was disqualified for being chosen as a member of parliament as he was holding the office of the manager of the school belonging to the durgah khwaja saheb which was governed by the durgah khwaja saheb act, 1955 and had been appointed as manager by the committee of management appointed by the central government under section 6(2) of that act. ..... to the generality of the provisions of sub-section (1) the board shall, in particular, have power - (a) to prescribed the courses of instruction and books for basic education and teachers' training therefor; (b) to conduct the junior high school and basic training certificate examination and such other examinations as the state government may from time to time by general or special order assign to it and to grant diplomas or certificates to candidates successful at such examination; (c) to lay down by general or special orders in that behalf, norms relating to the establishment or institutions by the .....

Sri.k.s.jagadeesha Vs. The State Of Karnataka

Court : Karnataka

..... the scheme of crpc and also the mandate of section 32 of the act and on a conspectus of powers which are available with the drugs inspector under the act and also his duties, a 1 (2021) 12 scc67414 police officer cannot register an fir under section 154crpc, in regard to cognizable offences under chapter iv of the act and he cannot investigate such offences under the ..... chapter shall be instituted except by (a) an inspector, or 12 (b) any gazetted officer of the central government or a state government authorised in writing in this behalf by the central government or a state government by a general or special order made in this behalf by that government; or (c) the person aggrieved; or (d) a recognised consumer association whether such person is a member of that ..... prosecution under this chapter shall be instituted except by (a) an inspector; or (b) any gazetted officer of the central government or a state government authorised in writing in this behalf by the central government or a state government or by a general or special order made in this behalf by that government; or (c) the person aggrieved; or (d) a recognised consumer association whether such person is a member of that association or ..... registration of complaint is, on 12-02-2011, the complainant receives credible information that accused no.1, owner of a provision store in bittangala village, was selling intoxicants to customers, and on such information conducts a search in the said provision store and found an alleged .....