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Hazrat Pirmohamed Shah Saheb Roja Committee Vs. Commissioner of Income ...

Court : Gujarat

Reported in : AIR1967Guj49

..... this state of affairs continued until the time when the mussalman wakf, act, 1923 came into force. ..... . kaji was that by reason of the decision of the charity commissioner under the bombay public trusts act, 1950, holding the wakf to be a public trust, it was not open to the revenue authorities to examine the question afresh for themselves, but that they were bound to regard the decision of the charity commissioner as binding ..... the assistant charity commissioner thereupon started a suo motu inquiry under the act but before this inquiry was concluded, the roza committee made another application for registration of the wakf to the charity commissioner on 28th april 1955. ..... the roza committee, however took up the stand that the wakf on which the roza properties were held was not a wakf within the scope and ambit of the act and the roza committee was therefore, not liable to file any statement of particulars or statement of accounts under the provisions of the act. ..... on the coming into force of that act the roza committee was called upon to furnish a statement containing the description and particulars of the roza properties as also a statement of accounts on footing that the roza properties were properties held by way of wakf to which the provisions of the act applied. ..... since the act required applications to be made for registration of all public trusts on pain of penalty, the roza committee made an application to the charity commissioner on 30th may1952 for registration of the wakf. .....

Radhakishan and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1967Raj1

..... in that case, the following question was referred to the full bench:'has the court of district judge no jurisdiction under the mussalman wakf act, 1923, to take proceedings under the same act when the alleged wakf is not admitted or is denied by the alleged muttawali? ..... 29 of 1954 is, no doubt, an improvement on the mussalman wakf act, 1923, but, in our view, this also does not empower the board of wakfs to decide the question whether a particular property is a wakf property or not if such a dispute is raised by a person who is a stranger to wakf. ..... we are, therefore, of opinion that where the existence of the wakf itself is in dispute, the district judge has no jurisdiction to enquire under section 10 of the mussalman wakf act, 1923. ..... the mussalman wakfs act, 1923 merely provided for the submission of audited accounts by the mutawallis to the district judges ..... collector of broach and panchmahals, air 1945 bom 167, the bombay high court had an occasion to consider the provisions of the mussalman wakf act, 1928 as amended by the bombay act no. ..... fateh ali shah, air 1941 lah 145, full bench of the lahore high court considered the question whether in proceedings under section 10 of the mussalman wakf act no. ..... under the mussalman wakf act no. ..... 42 of 1923, which has been repealed by the present wakf act no. ..... the very object of the wakf act is to provide for better administration and supervision of wakfs and the board has been given powers of superintendence over all wakfs which vest in the board. .....

Syed Shah Muhammad Al Hussaini Vs. Union of India and Others

Court : Karnataka

Reported in : AIR1999Kant112; ILR1999KAR8

..... the mussalman wakf (bombay amendment) act, 1935 (xviii of 1935) amended the mussalman wakf act, 1923 (42 of 1923). ..... the need for supervision has been felt, and in addition to various enactments dealing with the subject of the charitable endowments, the mussalman wakf act, 1923 (no. ..... comprehensive amendments to the wakf act, were made by the wakf (amendment) act, 1984 which were based largely on the recommendations of the wakf inquiry committee set up in december,1970 to enquire into administration of wakfs at all levels and in response to a demand made in parliament by the members during a discussion on the wakf (amendment) bill, 1969.3. ..... the two provisions related to:(i) increasing the period of limitation for filing suits in respect of wakf properties in adverse possession from 12 yearsto 30 years; and(ii) application of the provisions of wakf act, 1954, to the evacuee properties.4. ..... alleging violation of articles 14, 25 and 26 of the constitution of india, the petitioner who is a sajjada nasheena, mutawalii of a wakf operating in gulbarga district, has filed this petition to declare sections 14, 33, 38, 61, 64, 69, 70, 71, 72 and 96 of the wakf act, 1995 (hereinafter called 'the act') as unconstitutional. ..... --the actual working of the wakf act, 1954 had brought out many deficiencies in it as also in the set up of the wakf boards, especially, their powers of superintendence and control over the management of individual wakfs. .....

Bashir Babumiya Inamdar and Others Vs. Muslim Misgar Jamat and Others

Court : Mumbai

Reported in : AIR1991Bom326; (1991)93BOMLR905

..... the provisions of the mussalman wakf act, 1923 (as amended by the mussalman wakf bombay amendment act 1935), this wakf was registered and the property was shown as the wakf property. ..... bombay public trusts act came on the statute book, all trusts which were registered under the enactments specified in schedule-a (which includes the mussalman wakf act of 1923 as amended by bombay act xviii of 1935) were deemed to have been registered under the bombay public trusts act. ..... this point of view, the order under the wakf act was passed long back, at the beginning of ..... told before me that the wakf has been registered long back under the provisions of the wakf act. ..... fact, the order registering the wakf under the bombay public trusts act was passed long back in 1954 ..... an admitted position that the bombay public trusts act came on the statute book in 1950 and according to the provisions of section 28 of the said act, the wakf is deemed to have been registered under the bombay public trusts act. ..... subsequently, the bombay public trusts act came on the statute book and the wakf came to be registered as a ..... , the scheme of section 28 of the bombay public trusts act does not permit this court to accept the argument of ..... this order directing the registration of the wakf under section 28 of the bombay public trusts act to be impeached. 7. ..... joint district judge, pune, on hearing this appeal recorded the finding that the wakf in dispute was properly registered under section 28 of the bombay public trusts act. .....

Tyebhoy Essofalli Thingna Vs. the Collector

Court : Mumbai

Reported in : AIR1944Bom91; (1943)45BOMLR1055

..... of these rulings, the interpretation placed on the settlement deed by the learned district judge and his finding that at least half the income of the trust does not fall within the scope of section 3 of the mussalman wakf validating act, 1913, and that part of the wakf, therefore, comes under the operation of the mussalman wakf act, 1923, is correct, and i see no reason to interfere with that interpretation in revision. ..... the petitioner made an application contending that the wakf was such as is described in section 3 of the mussalman wakf validating act, 1913, and, therefore, the mussalman wakf act of 1923 was not applicable to it, and also that he had already paid the contribution to the wakf administration fund at surat and could not, therefore, be called upon to pay it over again at ahmedabad.3. ..... the learned district judge held an inquiry under section 6c of the mussalman wakf act, 1923, and held that since at least half the income of the trust was independent of any family obligation, that part of the wakf was governed by the act of 1923, and that in respect of that part of the wakf contribution was liable to be paid towards the administration fund. .....

MahomedhusseIn Daudbhai Vs. Collector of Broach and Panchmahals

Court : Mumbai

Reported in : AIR1945Bom157; (1944)46BOMLR925

..... , held that the court of the district judge has jurisdiction under the mussalman wakf act, 1923, to take proceedings under the same act when the alleged wakf was not admitted or was denied by the alleged mutawalli ..... 311 that in a proceeding under section 10 of the mussalman wakf act, 1923, the magistrate is entitled to go into the question whether the property in question is wakf or not ..... it was held that there was nothing in the mussalman wakf act of 1923 to show that any power has been conferred on the court to go into the question as to whether or not the properties, about which an application is made, were wakf properties ..... for, it is to be remembered that the mussalman wakf act of 1923 does not apply to all wakfs ..... 395 where it was held that in proceedings under section 10 of the mussalman wakf act, xlii of 1923, the district judge had no jurisdiction to hold an enquiry into the nature of the property where the alleged mutawalli denied the existence of the wakf ..... the ruling referred to above was given on the construction of section 10 of the mussalman wakf act, xlii of 1923 ..... it is possible to argue that in view of the decisions of the various high courts to the effect that the mussalman wakf act applies only to admitted wakfs and has no application where the existence of the wakf itself is denied, the promoters of the bill intended to invest the court with the power to hold an inquiry into the existence of the wakf by adopting the phraseology of the charitable and religious trusts act of 1920 .....

Mohammed Jahan Begum Vs. Abdul Hakim

Court : Delhi

Reported in : 45(1991)DLT3

..... own took note of definition of the term 'mutawalli' as given in section 2 of the mussalman wakf act, 1923, which reads as under mutawalli means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a court of competent jurisdiction to be the mutawalli of a wakf, and includes a naib-mutawalli or other person appointed by a mutawalli to perform the duties of the mutawalli, and, save as otherwise provided in this act, any person who is for the time being administering any ..... these are: (i)whether the mussalman wakf act of 1923 or the wakf act of 1954 is applicable to this case ? ..... ishwar sahai appearing for the appellant argued in the first instance that the first appellate court had erred in taking note of the definition of the word 'mutawalli' as given in the mussalman wakf act, 1923 for the short reason that the said act stood repealed by coming into force of the wakf act, 1954. ..... it is to be noted that despite repeal of mussalman wakf act. ..... he contended that the defintion, as contained in this repealed act, could not be pressed into aid, and the finding that the plaintiff in the suit could be treated as mutawalli by virtue of the said definition, suffered from gross error and thus liable to be set aside, a bare reading of section 69(5) of the wakf act, 1954 makes it clear that the contention raised by mr. .....

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

Court : Supreme Court of India

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

..... it would certainly have been 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. ..... there is a considerable body of authority interpreting section 10 of the mussalman wakf act, 1923, in favour of the view that where the existence of a wakf was itself in dispute, the district judge had no jurisdiction to inquire into its existence, and the matter could be settled only by instituting a regular suit. ..... 29 of 1954 is, no doubt an improvement on the mussalman wakf act, 1923, but in our view, this also does not empower the board of wakfs to decide the question whether a particular property is wakf property or not, if such a dispute is raised by a person who is a stranger to wakf.20. ..... it was enacted to replace the mussalman wakf act, 1923, which merely provided for the submission of audited accounts by mutawallis, and was found to be wanting in several respects and really not of much practical value. ..... to remove the lacunae, the mussalman wakf (bombay amendment) act, 1935 amended the act. .....

Ahmed Ibrahim Singapori Vs. the Collector of Surat

Court : Mumbai

Reported in : AIR1939Bom447; (1939)41BOMLR934

..... under section 3 of the mussalman wakf act, 1923, which is an all-indial act, it is provided that within six months from the commencement of the act every mutwalli shall furnish to the court within the local limits of whose jurisdiction the property of the wakf of which he is the mutwalli is situated, or to any one of two or more such courts, a statement containing the following particulars, namely :-(a) a description of the wakf property sufficient for the identification thereof; (b) the gross annual income from such property ..... the question which arises is, as to whether the mutwallis of this wakf can be called upon to contribute to the wakf administration fund under section 61 of the mussalman wakf (bombay amendment) act, 1935.3. ..... section in question in the present case, it is provided that every wakf shall, for the purpose of meeting the charges and expenses) incidental to the registration, superintendence, administration and control of wakf's, the maintenance of the registers of wakfs, the scrutiny and audit of accounts of wakfs, the institution and defence of suits and proceedings relating to wakfs, and generally carrying into effect the purposes of the act, be liable to pay to the wakf administration fund of the district concerned the contribution therein .....

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

..... (4) notwithstanding anything contained in sub section (3) all proceedings pending before any authority under the mussalman wakf act, 1923 as amended by the mussalman wakf bombay amendment act, 1935, the bombay public trusts registration act, 1935, or the parsi public trusts registration act, 1936, immediately before the said date shall be transferred to the charity commissioner and any such proceedings shall be continued and disposed of by the charity commissioner or the deputy or assistant charity commissioner as the charity commissioner ..... the charity commissioner, the deputy charity commissioner or the assistant charity commissioner, as the case may be, shall have and exercise the same powers which were vested in and exercised by the court under the mussalman wakf act, 1923 as amended by the mussalman wakf (bombay amendment) act, 1935, and by the registrars under the bombay public trusts registration act, 1935, and the parsi public trusts registration act, 1936, and shall pass such orders as may be just or proper. ..... we may notice that the mussalman wakf act of 1923 is one of the laws which is referred to in the said schedule.70. ..... while marathwada region was not a part of bombay state, marathwada consisting essentially of six 49 districts which were part of the aurangabad revenue division, marathwada was governed by the wakf act, 1954 which we must notice is an improvement over the mussalman wakf act, 1923. ..... 76 48 mussalman wakf act, 1923 came to be passed. .....