Judgment Search Results Home > Cases Phrase: mussalman wakf act 1923 Court: chennai Page 1 of about 277 results (0.051 seconds)

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

..... since the mussalman wakf act, 1923 was not uniformly followed by all the states, it resulted in the passing of the central wakf act, 1954, by which a more positive role has been assigned to the state wakf boards, thus transforming the wakf boards from mere instruments of administrative supervision to creative organs for educational, social, economic and cultural renaissance. ..... since the district judge had no machinery to give effect to the obligation of mutawallis to submit audited accounts as per the mussalman wakf act, 1923, various state governments have enacted laws, viz. ..... thereafter, the mussalman wakf act, 1923 was enacted calling the mutawallis to account before the district judge and in the words of hidayatullah,j. ..... , bengal wakf act, 1934, u.p.muslim wakfs act, 1936, bihar wakf act, 1947, and in bombay they had the central act, 1923 amended in 1935 by the mussalman wakf (bombay amendment) act, 1935.15.8. ..... it was these contradictions which resulted in the passing of the mussalman wakf validating act, 1913 defining the term wakf to mean the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable, thereby giving wider meaning to the word wakf.15.7. .....

In Re: Wakf, Paramathi, Khazhi MohiuddIn Sheriff Sahib, Khazi of Param ...

Court : Chennai

Reported in : (1945)2MLJ269

..... by that order the district judge, purporting to act under the mussalman wakf act, 1923, called upon the mutavalli of a wakf at-paramathi, namakkal taluk, to file certain statements regarding the finances of the trust, including a statement of the portion of the annual income beneficially taken by the mutavalli and other ..... in this he states that he found that the mussalman wakf act had not been enforced and had remained a dead letter, in his opinion, so far as ..... as the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable, but does not include any wakf under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any of his family or ..... prima facie, therefore, there would appear to be some doubt whether the act applied at all to this wakf because the learned judge, by his own order recognised that a portion of the income is beneficially taken up by the mutavalli and other ..... kashi mohiuddin sheriff sahib : air1933mad533 , in which it was clearly found that in this wakf 'the profits accruing from the suit property after meeting the expenses of the services were being enjoyed by the trustees and that they have therefore a ..... even if the act were to be held to apply in that this wakf came within the definition of section 2, yet in my opinion there is no jurisdiction conferred upon the district judge to do anything in the nature .....

A. Subramanyam and ors. Vs. B. Yegnanarayaniah and anr.

Court : Chennai

Reported in : (1971)1MLJ46

..... subramaniam, appearing for the plaintiffs relied, has no relevancy to this case, as that related to matters arising under the charitable and religious trusts act, 1920 and mussalman wakf act, 1923. ..... trustee after the lifetime on 12th september, 1958, when she died and the first defendant assumed charge of the sole trusteeship and subsequently when the first defendant has been guilty of various acts of malfeasance, misfeasance and non-feasance, breaches of trust and misappropriation of trust moneys and when the first defendant failed to pay to the plaintiffs their shares in the income derived from the trust ..... the plaintiffs therefore submit that the first defendant has been guilty of acts of misfeasance, non-feasance in the matter of the administration of the trust and its properties and ..... plaintiff instituted this suit on i2th february, 1962, making the same, allegations against the first defendant as regards acts of misfeasance, malfeasance, non-feasance, breach of trust, misappropriation of trust monies, etc. ..... the plaintiffs alleged against the first defendant various acts of malfeasance, misfeasance, non-feasance, breaches of trust, misappropriation of trust monies and failure to pay them their share in the income derived from the ..... when a person interested in private trust alleges mismanagement or acts of breach of trust, it is a civil right and under section 9 of the code of civil procedure, such a person is entitled to seek redress in court for the purpose of remedying .....

Syed Ismail Sahib Alias Syed Tahsildar Sahib and anr. Vs. Ethikasha Sa ...

Court : Chennai

Reported in : AIR1941Mad897; (1941)2MLJ541

..... that original petition was filed under section 10 of the mussalman wakf act, xlii of 1923, desiring the lower court to punish the respondents by way of fine for failure to discharge their duties under the wakf act in connection with a darga called hazarat mohaiat shaw darga at anuppanady village, near madura ..... in section 2 of the mussalman wakf act, xlii of 1923 'court' is defined as:the court of the district judge or, within the limits of the ordinary original civil jurisdiction of a high court, such court, subordinate to the high court, as the local government may, by notification in the local ..... it is clear therefore that section 10 of the wakf act creates an offence, and indeed it says in so many words that the omission described is an offence ..... there is no mention in the wakf act of any court as a court which shall impose the punishment provided in section 10 ..... i may say that in my opinion, it would be contrary to all principle that the court of the district judge should have the power to punish offences under section 10 of the wakf act with fine. ..... in the same judgment the full bench of the lahore high court decided that in proceedings under section 10 of act xlii of 1923, the district judge has no jurisdiction to hold an enquiry into the nature of the property where the alleged muttawalli denies the existence of the wakf. ..... the respondents denied that any such wakf existed, and pleaded that it was only a criminal court that could impose the fine indicated under section 10 of the act. .....

V. Mohamed MohIn Vs. Madras State Wakf Board

Court : Chennai

Reported in : AIR1968Mad243

..... the learned district judge acting under the provisions of the mussalman wakf act 42 of 1923, called upon the trustees to pay contribution in respect of half of the income of the trust properties on the ground that at least half the income of the trust was independent of any family obligation and was, therefore, not saved from the operation of act 42 of 1923 by virtue of the exception in the definition of 'wakf' in act 42 of 1923 exempting a wakf of the nature described ..... for decision in that case was whether a particular wakf, which partly provided for the maintenance and support of the wakif's wife, children and descendants, and partly for religious and charitable objects, was excluded from the operation of the mussalman wakf act 42 of 1923, on the ground that the wakf fell under s. ..... was referred to a full bench, and the full bench accepted the contention of the mutavalli on a comparison of the relevant provisions of the charitable and religious trusts act and the mussalman wakf act 42 of 1923. ..... hussain, who was the mutavalli for the time being, filed his accounts in the district court, lucknow, under the provisions of the mussalman wakf act 42 of 1923. ..... : air1933cal581 an application filed before the district judge by certain mussalman inhabitants as interested in a certain wakf against the mutavalli under act 42 of 1923 was thrown out by the district judge on the ground that it was saved from the operation of act xlii of 1923, because the wakf was of the nature described in s. .....

Haji Kadir Murthuza HussaIn Saheb, Represented by His Power of Attorne ...

Court : Chennai

Reported in : AIR1943Mad234; (1942)2MLJ672

..... that definition says that wakf does not include any wakf such as described in section 3 of the mussalman wakf validating act vi of 1913 under which any benefit is for the time being claimable for himself by the person by whom the wakf is created or by any member of ..... ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognised by the mussalman law as a religious, pious or charitable purpose of a permanent character.the existence of this proviso in the section shows, i think, beyond all possibility of dispute that the wakfs which the section validates are those which are primarily and wholly for the purpose of supporting and maintaining the family, ..... the maintenance and support wholly or partially of his family, children or descendants' describes two possible sizes of wakfs, the first one being sufficiently large to maintain the family completely and the second one being insufficiently large for ..... provision was also made in the document which established it for the enjoyment by the original creator of the wakf and the members of his family of any surplus income that might arise owing to an increase in the population of madras, or ..... of an application by the petitioner under sections 3, 5 and 10 of act xlii of 1923 to the learned district judge of chingleput with reference to a certain wakf. ..... the learned district judge held that the wakf in question was excluded from the purview of act xlii of 1923 by reason of the definition found .....

Sakunthala Vs. Rasheedunnissa and ors.

Court : Chennai

Reported in : AIR1974Mad309

..... was desirous of settling the properties under the provisions of the mussalman wakf validating act, 1913, as a wakf for the benefit of this daughter and her children subject to his own right of enjoyment of the income of the property for his maintenance, the document proceeded to state that the wakif has dedicated the said properties as wakf and that he shall enjoy the income from the properties during ..... disposition of the income to the mutavalli for the time being of sydani bee mosque is too remote and does not satisfy the requirement of the provisions of the mussalman wakf validating act, 1913, relating to the ultimate disposition enuring to the poor. ..... is to be operative only after the extinction of all the heirs of the wakif's daughter, the disposition was too remote and illusory and is not saved by the provisions of the mussalman wakf validating act, 1913. ..... section 3 of that act provides that it shall be lawful for any person professing mussalman faith to create a wakf for the maintenance and support wholly or partially of his family, children or descendants provided that the ultimate benefit in such cases is expressly or impliedly reserved for the poor or for any other purpose recognised by mussalman law as a religious, pious ..... the trial court came to the conclusion that the wakf was valid, that it was acted upon, that the second defendant had not perfected title by adverse possession and that, therefore, the mortgage executed in favour of the first defendant was not valid .....

Haji K.M. Abdul Kasim and ors. Vs. P.M.N. Mohammed Dawood and ors.

Court : Chennai

Reported in : AIR1964Mad247; (1963)IMLJ281

..... learned counsel contends that although the latter might not be justiciable, the consent of the wakf board under section 55(2) of the wakf act, l954 will be justiciable as it amounts to a performance of a quasi judicial duty ..... being a muslim wakf, a further sanction was necessary under section 55(2) of the wakf act, 1954 from the wakf board. ..... wakf act, 1954, was, therefore, passed with a view to cure this deficiency, to provide for the better administration and supervision of the wakfs.by that enactment a statutory corporation having perpetual succession has been created with, certain defined powers for the general superintendence of the wakfs ..... section 55(2) of the wakfs act; should, therefore, be read harmoniously with the powers of the advocate general under section 92, c. ..... prior to the enactment of the muslim wakf validating act of 1913, a wakf can be valid only if the property was given in substance for charitable or religious purposes, but that enactment enabled the creation of a wakf for the maintenance and support wholly or partially of the members of the settlor's family provided the ultimate benefit is either expressly or impliedly reserved for the poor or for any other purpose recognised by ..... board in giving the sanction to the proposed suit acted as a quasi judicial tribunal or not has to be decided not on the basis of what it conceived its duties to be, or by the procedure adopted by it, but by examining the scope of its duty as prescribed by section 55 of the wakf act. .....

Mariam Bai Vs. Mohamed Jaffar Abdul Rahiman Sait and ors

Court : Chennai

Reported in : AIR1973Mad191

..... which is recognized by muslim law as pious, religious or charitable and the objects of public utility which may constitute beneficiaries under the wakf must be objects for the benefit of the muslim community and that the wakfs with which the act deals are trusts which are treated as wakfs under the definition of section 3(1) of the wakf act of 1954 and as such, a trust which does not satisfy the tests prescribed by the said definition would be outside the ..... the learned subordinate judge has held that by virtue of section 6 of the muslim wakf act 20 of 1954, the present suit is barred by limitation as the plaintiffs did not file the suit within one year of the publication of the list of wakfs it is really unnecessary to decide this question in view of our decision on the merits of the claim of the appellant. ..... air 1937 pc 174 has been quoted in the above decision as showing the distinction between wasiyat, bil and wakf, that is testamentary direction to heirs for wakf, and wakf bit wasiyat, that is wakf suspended or contingent upon death of wakif, as one of form and not of substance :"this distinction much discussed in agha ali khan v. ..... been held that so long as it appears that the intention of the donor was to set apart specific property or the proceeds thereof for the maintenance or support in perpetuity of a specific object or a series of objects recognized as pious by the mussalman law, it amounts to a valid and binding dedication.6. .....

ShahabuddIn Vs. S. Nohaman and anr.

Court : Chennai

Reported in : AIR1984Mad116

..... 15 of the wakfs act, besides conferring, on the board so established for a state the power of general superintendence ever all wakfs: in the state, further enjoins the board to exercise its powers under the act as to ensure the wakfs and their superintendence are properly maintained, controlled and administered and the income is duty applied to the objects and purposes for which the wakfs were created and intended. ..... in order, therefore, to provide for the better administration of the management and supervision of wakfs, the wakfs act, 1954 came to be passed. ..... (xx of 1863 and in s 92 of the code of civil procedure l908 (act v of 1908) relating to any wakf may, notwithstanding anything to the contrary contained in those acts, be instituted by the board without obtaining the leave or consent referred to in those acts; (2) no suit to obtain any of the reliefs referred to in sub-sec. ..... 55 of the wakf act (here in-after referred to as the act), the court below found that the suit was not maintainable, as the mere obtaining of the sanction of the advocate general alone would not suffice. ..... 55 (2) of the act cannot be pressed into service by the appellant.9.to appreciate this, it is necessary to refer briefly to the background leading to the enactment of the wakf act. ..... 55 (2) of the wakf act had earlier been enacted, s. ..... 55 of the wakf act was raised. ..... 55 of the wakf act 1954, was also raised.4. .....