Judgment Search Results Home > Cases Phrase: mussalman wakf act 1923 Court: madhya pradesh Page 1 of about 43 results (0.057 seconds)

Nawab Usman Ali Khan and ors. Vs. Choudhry Faezulla and ors.

Court : Madhya Pradesh

Reported in : AIR1959MP377

..... directed against the chairman (called president in the petition) and the madhya bharat muslim wakf board appointed under the muslim wakfs act, 1954, as also against the government of madhya pradesh and the union of india ..... section 42 of the muslim wakfs act, 1954, provides that:--'when there is a vacancy in the office of the mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it ..... of the constitution by conferring arbitrary and unrestricted power upon the state government to appoint any person as a member of the board leaving no scope for the voice of the wakfs, wakifs, their descendants and members of the muslim community who are the beneficiaries of the wakf and their descendants in its management; that other provisions of the act including sections 18, 52, 62, 63, 64, 67 (a), (b), (c), (d), (h), (j), (k) and (n) also run counter to the rights guaranteed under articles 25 and 26 of the ..... in view of these pronouncements of the supreme court and the purpose and general scheme of the act as is discernible by the general survey of the principal provisions of the act made above it is futile to contend that the question regarding wakf in so far as it relates to the properties comprised therein and the right of mutawali or any person to manage the same, properly falls under article .....

Commissioner of Income-tax Vs. Karelal Kundanlal Trust

Court : Madhya Pradesh

Reported in : [1984]148ITR412(MP)

..... act, defines 'representative assessee' and in respect of a trust, clause (iv) of this section is material, which reads as under:' (iv) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including any wakf deed which is valid under the mussalman wakf validating act, 1913) (vi of 1913), receives or is entitled to receive on behalf or for the benefit of any person, such trustee ..... it was contended that the note put by the learned author in kanga and palkhivala's income-tax act about the department's option only means that the department has the option either to assess the representative assessee or a direct assessment on the person who is beneficially ..... this trust as an aop was misconceived and unsustainable in law and in setting aside the assessment with a direction to make separate assessment on the managing trustee under section 161(1) of the income-tax act in respect of the income of the share of each of the three beneficiaries on the basis of three returns filed '2. ..... 166 of the act also makes the ..... that if the income is received by a representative assessee as defined in section 160 of the act, the department is obliged to effect the assessment under section 161(1) of the act. ..... representative assessee and the said finding having been affirmed by us in the earlier part of this judgment, we are clearly of the view that the assessment could only be one under section 161(1) of the act.' 15. .....

Municipal Council Vs. M.P. Wakf Board

Court : Madhya Pradesh

Reported in : 1990(0)MPLJ217

..... the respondent/plaintiff is the body corporate under the provisions of the wakf act, 1954, and had filed the present suit for removal of the management, transfer of management of school and possession of the ..... the fundamental concept of a muslim wakf remains the same under the wakfs act, 1954, which defines a wakf as a permanent dedication by a person professing musalman faith of any property for any purpose recognised by the musalman law as religious, pious or ..... this connection, the submission of the learned counsel for the respondent is that a wakf having come into existence in the eye of law, agreement (ex.p-1) could not be treated to be an agreement transferring ownership, as under the law of wakf, wakf property cannot be transferred to the ownership of any one else. ..... their case was that the said school and building is the wakf property of the muslim education union society, narsinghpur and is in possession of the appellant only for purposes of its proper ..... even if it was to be accepted that government could have created a muslim wakf by dedicating land of its ownership for the purpose, the said inference cannot be drawn, in view of the terms of the lease ..... , according to this court, falls short of its legal requirements and, therefore, it cannot be held that a wakf had come into existence in the year 1895, as alleged.8. ..... of the learned counsel for the appellant is that the finding that the institution was a wakf at any time is a perverse finding not supported by evidence on record. .....

Abdul Rashid (Dr.) Vs. Mst. Farida W/O Abdul Rashid

Court : Madhya Pradesh

Reported in : 1994(0)MPLJ583

..... of the additional chief judicial magistrate, holding that the application even on behalf of the divorced woman was prosecutable after the enforcement of the muslim women act, and further holding that in prosecution of that application the parties would be required to exercise their option under section 5 of the act to say whether they would prefer to be governed by the provisions of sections 125 to 128, criminal procedure code or by the provisions of the ..... for maintenance, so far as it was on behalf of muslim divorced woman, which was admittedly the status of non-applicant farida in this revision, became unprosecutable after the enforcement of the muslim women act and there could be no question of parties being given any opportunity to exercise option referred to in his order by the learned additional sessions judge. ..... this argument seeks to make an irrational classification with regard to applications pending at the commencement of the muslim women act by divorced muslim women, between those which were made initially by muslim wives but who came to be subsequently divorced and between those applications which were made even initially ..... muslim woman who has not remarried, is unable to maintain herself and is desirous of obtaining maintenance for post iddat period, her remedy is that mentioned in section 4 of the muslim women act, to obtain an order from a magistrate, who may direct payment to be made to her by her children, parents, other relatives or wakf board, in that order. .....

Dr. Abdul Rashid Vs. Mst. Farida

Court : Madhya Pradesh

Reported in : 1994CriLJ2336

..... maintenance, so far as it was on behalf of muslim divorced woman, which was admittedly the status of non-applicant farida in this revision, became unprosecutable after the enforcement of the muslim women act and there could be no question of parties being given any opportunity to exercise option referred to in his order by the learned additional sessions judge. ..... from the date of the application until the moment of her divorce, such an order would not be contrary to the provisions of muslim women act, because as already seen, the muslim women act does not at all deal with muslim wives or enact any provision governing their rights. ..... this argument seeks to make an irrational classification with regard to applications pending at the commencement of the muslim women act by divorced muslim women, between those which were made initially by muslim wives but who came to be subsequently divorced and between those applications which were made even ..... that the expression 'every application by a divorced woman' employed in section 7 of the muslim women act covers all applications by divorced women whether or not they were divorced when the applications were made. ..... who has not remarried, is unable to maintain herself and is desirous of obtaining maintenance for post-iddat period, her remedy is that mentioned in section 4 of the muslim women act, to obtain an order from a magistrate, who may direct payment to be made to her by her children, parents, other relatives or wakf board, in that order. .....

Amil HakimuddIn and ors. Vs. Abbas HusaIn and ors.

Court : Madhya Pradesh

Reported in : 2002(5)MPHT181; 2002(2)MPLJ50

..... it provides that for the purposes of this section and section 7, the expression 'any person interested therein', shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and 'to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of ..... in that case the provision in the explanation to section 6(1) of the wakf act, 1954 has not and could not be considered as that had not been brought in ..... was a case in which the provisions of the wakf (madhya pradesh amendment) act, 1994 were considered which now stands repealed by the wakf act, 1995. ..... this revision it has been argued on behalf of the petitioners that in view of sections 6, 40 and 85 of the wakf act, 1995 the jurisdiction of the civil court has been specifically excluded and it has been conferred on the wakf tribunal constituted under section 83 of this act. ..... has submitted a separate application stating therein that according to section 6 of the wakf act, 1995 the dispute can be decided only by the wakf tribunal constituted under this act. ..... have submitted an application under order 7 rule 11, cpc for rejection of the plaint on the ground that the civil court has no jurisdiction to decide this dispute and it can be decided only by wakf tribunal constituted under the wakf act, 1995. .....

Subhan Shah (Deceased by L. Rs.) and ors. Vs. M.P. Wakf Board and ors.

Court : Madhya Pradesh

Reported in : AIR2004MP22; 2003(4)MPLJ513

..... therefore, this argument of shri saraf, learned counsel appearing for the board appears to be meritless that there is no provision in the wakf act for framing any scheme of management to the mujawaris and khidmatgars rendering services on 'majars'. ..... thus on consideration of the fact and features of the case and also legal provisions under the wakf act, 1995 the tribunal has rightly and legally framed the scheme . ..... the board pleaded that on 29-11-1967, the defendant filed an application for registration of 'majar' as wakf under section 25 of the act and, thereafter invited objections upon it, by publishing a general notice on 7-12-1967, and affixed a copy of the notice on the conspicuous part of the 'majar' on 8-12-1967. ..... his further submission is that according to the provisions of the wakf act, the 'majar' has rightly been registered as a wakf property. ..... there is no provision in the wakf act by which the mujawars or mutwallis can get share in the income of the said 'majar' along with the offerings thereto. ..... therefore, the wakf act clearly provides for framing of any scheme of management of 'majar' and also for settlement of the rights of the mujawaris regaining wajifa offerings etc. ..... 16 and 17 of the impugned order for the welfare of the plaintiffs (fakirs) (sic) are rendering services to the 'majar' is valid according to the wakf act, 1995 or not? ..... wakf act, 1995 (for short 'the act').3. .....

Subhan Shah Through Lrs. Ramjan Khan and ors. Vs. Madhya Pradesh Wakf ...

Court : Madhya Pradesh

Reported in : AIR1997MP8

..... jurisdiction of tribunals:-- (1) the state government shall by notification in the official gazette, constitute as many tribunals as it may think fit for the determination of any dispute, question or other matter relating to a wakf or wakf property which such tribunal is or may be, required to determine under this act, or any rule or order made thereunder and may, by the same or subsequent notification in the official gazette, define the local limits of the area in relation to which each tribunal appointed by it shall ..... to any part of the state and published or purporting to have been published at any time within a period of one year immediately preceding the commencement of the wakf (madhya pradesh amendment) act, 1994 such an application may be entertained by the tribunal within the period of one year from such commencement: provided further that where any such question has been heard and finally decided by a civil court ..... power of tribunal to determine dispute regarding wakfs:-- (1) if after the commencement of the wakf (madhya pradesh amendment) act, 1994 any question arises whether a particular property specified as wakf property in a list of wakfs published under sub-section (2) of section 5 is wakf property or not, or whether a wakf specified in such list is a shia wakf or a sunni wakf, the board or the mutawalli of the wakf, or any person interested therein may apply to the tribunal having jurisdiction in relation to such property for the decision of the question and the .....

Mohammad Yahyah Ali Khan and anr. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1983MP53

..... submitted by mutawallis under sections 31 and 32 of the act and to arrange for auditing of accounts of the wakfs under section 33: to appoint and remove mutawallis under sections 42 and 43 of the act and to assume direct management of the wakf under section 43-a, where no suitable person is available for appointment as a mutawalli of a wakf; to take measures for recovery of lost properties of any wakf, and to institute suits and proceedings in a court of law relating to wakfs; to administer the wakf fund under section 48 and to call for returns ..... , statistics and accounts from mutawallis; to inspect or cause inspection of wakf properties, accounts thereof and to investigate and determine .....

Sukhdev and ors Vs. the State of M.P. and ors

Court : Madhya Pradesh

..... _________________________________________________________ order (02/01/2013) this revision under section 115 of civil procedure code, (2) civil revision no.1502/2002 1908 read with section 83(9) of wakf act, 1995 (in short wakf act . ..... on constitution of wakf tribunal under the wakf act, the aforesaid civil suit was directed to be transferred vide order dated 05.11.1997 of learned second civil judge, class-ii chhindwara and accordingly it was received by the said tribunal where trial of suit was further proceeded. ..... wakf, under wakf act, 1954 bearing regn. ..... in this manner this revision has been filed under section 83(9) of wakf act.6. ..... no.23 through its managing committee, wakf vill. ..... wakf board, through its chief executive officer.5. .....