Court : Orissa
Reported in : [1973]89ITR211(Orissa)
..... ' section 9 : ' all agricultural income of muslim trusts, referred to in section 3 of the mussalman wakf validating act, 1913, created before the commencement of this act, shall be excluded from the operation of this act: provided that the share of a beneficiary under a trust under the aforesaid act, commonly known as the wakf-alal-aulad shall not be exempted and the tax may be realised from the mutawalli and the basis of taxation shall be the share ..... the section deals with wakf referred to in section 3 of the mussalman wakf validating act, 1913 (hereinafter to be referred to as ' the validating act'), section 3 of that act runs thus: '3. ..... section 8 of the act grants exemption only to a sum actually spent for public purposes of a charitable or religious nature while section 9 grants complete exemption to agricultural income derived from properties held in trust by a mussalman wakf. ..... for the purposes of the validating act the term ' wakf ' was defined to mean ' the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised, by the mossalman law as religious, ..... by the validating act such a wakf created for the maintenance and support wholly or partially of the wakifs family, children or descendants was validated, subject, however, to the proviso that the 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 .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT376; 2007(I)OLR209
..... the assertion of the writ petitioners that the property of the institution has been recorded as wakf property has been disputed by these opposite parties on the ground that while recording the property as wakf property, the provision of the wakf act and the rules framed thereunder have not been fulfilled. ..... of orissa and the board of secondary education, orissa, was established and administered by the muslim community of the state and that of cuttack city and as such comes within the purview of section 2 of orissa education act, 1969 and for quashing the government order dated 29.3.1995 refusing to declare the said institution as a minority community managed educational institution.2. ..... the proceedings of the meeting of the wakf board held on 5th february, 1969 (annexure 5) suggest that from inception the nature, character, improvement and development of sayeed seminary was brought into existence for the upliftment of the muslim boys and imparting them higher education and as such, it was declared that sayeed seminary situated at cuttack is wakf property and is required to be registered according to the wakf act. ..... the records revealed that sayeed seminary was brought into existence for upliftment of the muslim boys and imparting them higher education and thus, the institution came directly under the muslim wakf act, 1954 and has been declared as a wakf property. ..... property and the institution is a wakf property and it has been so registered under the provisions of the wakf act, 1954. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1958Ori143; 24(1958)CLT412; [1958]33ITR733(Orissa)
..... any trustee or trustees appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise (including the trustee or trustees under any wakf deed which is valid under the mussalman wakf validating act of 1913), are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from the trustee or trustees in the like manner and to the same amount as would be leviable upon and ..... recoverable from the person on whose behalf such income profits or gains are receivable and all the provisions of this act shall apply accordingly: provided that where any such ..... first contention goes against the fundamental principle of a private wakf which can be validly created under the mussalman wakf validating act of 1913. ..... that act has set all previous doubts at rest and has made it clear that a wakf can be validly created for the maintenance and support of the founder, his family and descendants provided an ultimate benefit is 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 material portions of the contents of the wakf deed have already been referred to and they show .....
Tag this Judgment!Court : Orissa
Reported in : AIR1962Ori95
..... by him, relied on the undisputed position in law that what is required to be established is the intention on the part of the owner to dedicate a particular property for religious or charitable purposes or, in other words, the intention of the owner to create a wakf of the property; that, such intention may be established by declaration or may foe inferred from user; that the circumstances,--that the property had been mortgaged and that a mortgage decree was obtained and thereafter ..... indeed when a land forms part of a masjid or graveyard set apart for mussalman community, and that by user if not by dedication, the land is wakf; the entry in the record-of rights seems conclusive on the point; it is obvious that, if it were held that within the area of the masjid or grave-yard land unoccupied or apparently, unoccupied by masjid or graves was private property ..... wakf as defined in wakf act, means the permanent dedication by a person professing the musalman faith of any property for any purpose recognised by the musalman law as religious, pious or charitable; the legal meaning of wakf, according to abu hanifa, is the detention of specific thing in the ownership of the wakf or appropriator, and the devoting or appropriating of its profits' or usufruct 'in charity on the poor or other good objects' (principles of mahomadan law by mulla, 14th edition, article 173).when we talk of user from .....
Tag this Judgment!Court : Orissa
Reported in : 2003CriLJ1608
..... the shares or; those relatives whose shares have been ordered by the magistrate to be paid by such other relatives under the second proviso to subsection (1), the magistrate may, by order direct the state wakf board established under section 9 of the wakf act, 1954, or under any other law for the time being in force in a state, functioning in the area in which the woman, resides, to pay such maintenance as determined by him under ..... 3932 : (2001 cri lj 4660), while upholding the validity of sections 3 and 4 of the muslim women (protection of rights on divorce) act, 1986 (for short the act), has held :(1) a muslim husband is liable to make reasonable and fair provision for the future of the divorced wife which obviously includes her maintenance ..... divorced muslim woman who has not remarried and who is not able to maintain herself after iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such ..... lr 201 wherein it has been held : taking into consideration the objects and reasons for enacting the muslim woman (protection of rights on divorce) act as well as the preamble and the plain language of section 3 it cannot be said that muslim women act in any way adversely affects the personal rights of a muslim divorced woman. ..... pay maintenance, the magistrate may direct the state wakf board established under the act to pay such maintenance. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori206a; 34(1968)CLT943
..... is that under the mahomedan law followed by the hanafi sect even if no particular formality need be observed to make a wakf complete there must be unmistakable proof available that the owner made a clear declaration dedicating the property definitely and permanently to god. ..... the broad question whether a trust deed executed by the nizam of hyderabad was a wakf to which the wakf act 1954 applies or whether it is a public charitable trust falling outside the said act. ..... their lordships went to the extent of laying down that a grant to an individual, heritable by his descendants, may be a wakf in spite of the fact that the word 'wakf' is not mentioned and that there is no transfer of the property to god, provided there is a substantial dedication of the usufruct of the properly to charitable, religious or good purposes as understood in the mahomedan law ..... wakf means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman ..... judicial decisions have recognized the following amongst others as valid objects for which a wakf can be created : - - (i) celebrating the death anniversaries of the settlor and of the members of his family; (ii) reading the koran in public places, and also at private houses; (iii) ..... enjoined to perform are such which under the mussalman law are considered to be religious, pious ..... 2 is sultan shah darvesh who described himself as a mussalman by caste and servant of islam by profession and the persons .....
Tag this Judgment!Court : Orissa
Reported in : AIR1997Ori115
..... this is being done at the instance of the respondent on dated 22-5-1995 in the village kusapulli in a meeting of muslims near kusapulli mosque, rahimutullah khan along with the respondent promised to arrange sufficient money through wakf board for the well being of the mosque and sri khan requested the muislim voters to vote for sri patnaik. ..... mohanty appearing for the petitioner by referring to sections 83(1)(b) and 86(5) of the act, contended that where the election of a returned candidate is challenged on the ground of corrupt practice, full particulars of such corrupt practice are to be set forth in the election petition and when amendment with regard to the ..... by way of amendment the petitioner has tried to introduce altogether a new story regarding the corrupt practice alleged to have been committed by the respondent's election agent and this being contrary to the provisions of the act and the law enunciated by the apex court, cannot be allowed. 12. ..... for the purpose of the act, corrupt practices have been set out in section 123 and as provided in sub-section (7) thereof, obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or by any other person with the consent of the ..... referring to section 87 of the act it is urged that no doubt the high court in exercise of discretionary power may allow the particulars of any alleged corrupt practice to be amended or amplified in such manner as in its opinion be necessary, but it cannot allow the .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR602
..... of 2008 is quoted hereunder.considering the submission made, we direct the state government to take necessary action in terms of section 29 of the haj committee act, 2002 and post a regular executive officer in the state haj committee within a period of one month from the date of communication of this orderly.4. ..... 12797 of 2006 directing the state government to take necessary action in terms of section 29 of the haj committee act, 2002 and post a regular executive officer in the state haj committee was not practically carried out in true spirit and during this intervening period, the law department vide their office order ..... dated 8.7.2008 issued posting order in favour of one mulla mohammed ali, oas-ii group b) as in charge executive officer, state haj committe, orissa, cuttack in addition to his own duties as chief executive officer of wakf board and survey commissioner of wakf until further orders or till jugular appointment is made.7. ..... (2) the executive officer of the state committee shall act as its secretary;(3) the executive officer shall execute the decisions of the state committee and perform such other functions as may be prescribed;provided that in case of any difference of opinion between the executive officer ..... affidavit it has been mentioned that due to paucity of officer in the cadre of deputy secretary belonging to muslim community, the state government could not give regular appointment to any officer to act as executive officer of state haj committee. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori208
..... sub-section (1) lavs down : subject to any rules that may be made under this act, the general superintendence of all wakf in a state shall vest in the board established for the state; and it shall be the duty of the board so as to exercise its powers under this act as to ensure that the wakf under the superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects ..... the pir saheb; but the money was appropriated towards the personal expenditure of rafique mohammad and that the court had no jurisdiction to give retrospective sanction after the passing of the wakf act, 1964(act xxix of 1964), hereinafter referred to as the ..... and for the purposes for which such wakfs were created or intended; provided that in exercising its powers under this act in respect of any wakf, the board shall act in conformity with the directions of the ..... act came into force in orissa on 1-6-1958 section 2 of the act enacts : save as otherwise provided under this act, this act shall apply to all wakfs whether created before or after the commencement of this act ..... consideration is whether the courts have still power to grant permission to a lease of wakf property for a term exceeding three years after the passing of the act. .....
Tag this Judgment!Court : Orissa
Reported in : 1999CriLJ1684; 1999(I)OLR376
..... in the case of riswana begum (supra) this court held that : 'it follows, therefore, that application for maintenance by a divorced muslim woman must be initiated under sub-section (2) of section 3 of the act and then only choice should be exercised in the manner and on the date stated above so that the proceeding should continue under sections 125 to 128 of the criminal procedure code. ..... former husband declare, by affidavit or any other declaration in writing in such form as may be prescribed, either jointly or separately, that they would prefer to be governed by the provisions of sections 125 to 128 of the code of criminal procedure, 1973 (act 2 of 1974), and file such affidavit or declaration in the court hearing the application, the magistrate shall dispose of such application accordingly. ..... 125 of the criminal procedure code would apply only if both parties exercise their option at the first hearing of the application under sub-section (2) of the act as contemplated under section 5 of the act and not in any other manner. ..... ' section 3 prescribes for mahr or other properties of muslim woman to be given to her at the time of divorce.section 4 deals with the matter for order of payment of maintenance by the class of people as else by the wakf board, as the case may be. .....
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