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Sabir Ali Khan Vs. Syed Mohd. Ahmad Ali Khan

Court : Supreme Court of India

..... thereafter, the mussalman wakf act, 1923 came to be ..... cases led to agitation in india and the mussalman wakf validating act 1913 (6 of 1913) was passed. ..... though the mussalman waqf act, 1923 was enacted, waqf-alal-aulad was excluded from its ..... was, thereafter, that the mussalman waqf act, 1923 was enacted. ..... 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 recognized by the mussalman law as religious, pious or ..... 15(1) of the wakfs act provides that subject to any rules that may be made under the said act, the general superintendence of all wakfs in a state shall vest in the board established for the state; and it shall be the duty of the board so to exercise its powers under the act as to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the ..... then was) considered the validity of an alienation made by a mutwalli in violation of the provisions of section 36-a of the wakf act and came to hold that a permanent lease 43 granted in violation of the provisions of the wakf act is ab initio void (vide para. 8).24. ..... 15(1) and 15(2) of the wakfs act will certainly be sufficient to designate the wakf board as a manager for the purpose of recovery of possession of wakf property and consequently it can certainly be termed as manager contemplated by the third column .....

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. .....

Ali Mahomed Adamalli Vs. Emperor

Court : Mumbai

Reported in : (1946)48BOMLR116

..... the order had directed the appellant to furnish a statement of particulars of wakf property under section 3 of the mussalman wakf act, 1923 (ixlii of 1923), as amended by the mussalman wakf (bombay amendment) act, 1935 (bom. ..... but we wish to make it perfectly clear that orders of the court are to be obeyed, and in future when the chief judge of the small cause court makes a specific order under section 6a of the mussalman wakf (bombay amendment) act directing accounts to be furnished within a limited time, and that order is disobeyed, this court will not hesitate to enforce obedience to the order by sending the disobeying party to prison, where he may remain for a period not ..... not be committed to prison, op otherwise dealt with, under the contempt of courts act, for his contempt in having disobeyed the order made by the acting chief judge of the small cause court, on september 4, 1939, directing him to furnish within thirty days from the date of the order a statement of particulars under section 3(in the form in schedule d) and a statement of accounts under section 5 (in the form in schedules a and b) of the mussalman wakf act in respect of the wakf property at falkland road, c.s. no. ..... . that he had committed an offence against the mussalman wakf act was admitted, but it was said that that is not enough:' to take away the high court's powers some offence against, the provisions of the indian penal code must be relied upon, and none had .....

Mst. Peeran W/O Abdul Razzaq Vs. Hafiz Mohammad Ishaq and ors.

Court : Allahabad

Reported in : AIR1966All201

..... . has referred to the very wide definition of 'wakf' in section 2 (1) of the aforesaid act, and again to the definition in section 3 of the mussalman wakf act, 1923, but the observations made by him are obiter and were not necessary when he felt that the rights which were the subject of the wakf were rights of a permanent character ..... . the learned civil judge, in arriving at his finding that the wakfs were valid as a permanent dedication of the property relied upon the definition of 'wakf' in section 2 (1) of the mussalman wakf validating act, 1913, where a wakf has been defined 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 ..... . abdul hamid sait : air1944mad504 , also referred to the definition of 'wakf' in the mussalman wakf validating act, 1913, as including moveable property in order to sustain us view that there can be a valid dedication to wakf of movable property ..... . in any event, so far as this court is concerned it has been generally accepted that wakf of movable property is valid, and that view has been taken without necessary reference to the definition of 'wakf' in the act of 1913 or the act of 1923.16 .....

Anis Fatma Begum Vs. Board of Wakf

Court : Kolkata

Reported in : AIR2004Cal91,(2003)2CALLT39(HC)

..... their wakf character and continued to be governed by the provisions of other enactments such as the mussalman wakf validating act, 1913, the mussalman wakf validating act, 1930, the religious endowments act, 1863 and the mussalman wakf act, 1923. ..... effected, would not destroy the wakf character of any portion of the dedicated properties, but some portions thereof would be under the administrative control of the authorities under the wakf act, 1995, whereas the other portions would be governed by the provisions of the mussalman wakf validating acts of 1913 and 1930, the religious endowments act, 1863 and the shariat law application act, 1937 and others similar enactments. ..... council raised considerable alarm within the muslim community in india resulting in the enactment of the mussalman wakf validating act, 1913, which validated all private wakfs which had become invalid on account of the decision in abul fata mahomed's case (supra). ..... their wakf character and would be governed by mohammedan law and enactments enacted in respect thereof, such as the mussalman wakf validating acts of 1913 and 1930, the religious endowments act, 1863 and the shariat law application act, ..... the legal anomaly created on account of the different definitions of the expression 'wakf and 'wakf-al-al-aulad' in the bengal wakf act, 1934 and the wakf act, 1995, is required to be resolved for the guidance of mutwallis of all private wakf estates where a certain portion of the usufructs are set apart for religious .....

Emperor Vs. Ali Mahomed Adamallt (No. 1)

Court : Mumbai

Reported in : (1942)44BOMLR231

..... under section 3 of the mussalman wakf act, 1923, within six months from the commencement of the act, (and as to the community to which the present accused belongs the act came into operation on october 16, 1931), every muta-walli shall furnish to the court, which in this case is the small cause court, bombay, certain particulars relating to the wakf ; and under section 5 he has to deliver certain accounts ..... this is an appeal by the accused against his conviction under section 10 read with section 6a of the mussalman wakf act of 1923 (as amended by bombay act xviii of 1935). ..... , the learned acting chief judge recorded his findings as follows :-in the result, i hold that the wakf in this case is a wakf to which the mussalman wakf act applies; that the property in respect of which this notice has been issued is the property of such wakf and that the same is situate within the local limits of the jurisdiction of this court and that the respondent is the mutawalli of the wakf. 4. ..... be committed to prison, or otherwise dealt with, under the contempt of courts act, for his contempt in having disobeyed the order made by the acting chief judge of the small cause court on september 4, 1939, directing him to furnish within thirty days from the date of the order a statement of particulars under section 3 (in the form in schedule d) and a statement of accounts under section 5 (in the form in schedules a and b) of the mussalman wakf act in respect of the wakf property at falkland road, c. s. no. .....

Wealth-tax Officer Vs. Buniyad Hussain

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1983)6ITD407(All.)

..... had recognised the wakf only with effect from 20-6-1970 when the registered deed of wakf was executed ; (iv) that no information as required under section 3 of the mussalman wakf act, 1923, was furnished by the assessee ; (v) that no registration of the wakf was obtained under chapter 4 of the wakf act, 1954; (vi) that no registration of the wakf was obtained under the ..... the necessity for the registration of such a wakf under the mussalman wakf act, 1923, the wakf act, 1954 and the u.p. ..... the non-registration of the wakf under the mussalman wakf act, 1923 or the wakf act, 1954, could not nullify or negative the existence of the wakf. ..... act had repealed the mussalman wakf act, 1923 ..... pointed out that the only consequence of non-registration of a wakf under section 29 of the u.p.muslim wakfs act, 1960, was the penalty of fine under section 54.8. ..... under the wakf act, 1954, wakf included a wakf by user ..... muslim wakfs act, 1960, includes a wakf by ..... muslim wakfs act, 1960, he pointed out that it included wakf by ..... wakfs act, 1960, as a shia, public, religious and charitable wakf ..... wakfs act, ..... muslim wakfs act, 1960 ; and (vii) that the assessee did not establish that the income from the disputed land was spent exclusively for religious and charitable purposes.accordingly, the wto maintained ..... his further case is that even though such a wakf has been in existence and has been acted upon, there was no writing to ensure the application thereto in a perpetual manner and so the registered deed dated 20-6-1970 .....

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 .....

State Of A.p. Vs. A.p.state Wakf Board .

Court : Supreme Court of India

..... section 69 of the 1954 act as was originally enacted repealed the bengal charitable endowments, public buildings and escheats regulations, 1810 (bengal regulation xix of 1810), section 5 of the religious endowments act, 1863 (xx of 1863), the charitable endowments act, 1890 (vi of 1890), the charitable and religious trusts act, 1920 (xiv of 1920) and the mussalman wakf act, 1923 (xlii of 1923). ..... case may be, under sub-section (2) of section 13 and shall include a common wakf board established under section 106; xx xx xx (g) list of wakfs means the list of wakfs published under sub-section (2) of section 5; xx xx xx 21 for short 1995 act 31 (k) person interested in a wakf means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes xx xx xx (p) survey commissioner means the survey commissioner of wakf appointed under sub-section (1) of section 4 and includes any additional or assistant survey ..... . this overrides other provisions in the wakf act notwithstanding anything contained in the other provisions of the wakf act, under section 40(3) the wakf board may hold an enquiry and if it is satisfied that a property is a wakf property, can issue notice to the trust or society and then register under section 36.61 .....

Bheema and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2002(3)WLN598

..... because he was required to furnish details under the mussalman wakf act, 1923. ..... 147 that under sections 3 and 4 of mussalman wakf act, the muttawali is required to furnish certain particulars relating to the wakf property and failure to furnish the information is an offence under section 10 of the act. ..... it follows in the present instance that though the failure to furnish information is an offence under the provisions of the wakf act yet it is not an offence punishable under the penal code.20. ..... there is no provision under section 134 of the motor vehicles act making it compulsory for public or doctor to inform the police about a motor vehicle accident.thus, section 176 of i.p.c. ..... section 40(1) of the code of criminal procedure, 1973 casts upon this duty of informing to public servant on officers employed in acting affairs of a village and every persons resided in a village. ..... ' it is a unique legal phenomenon in the indian penal code that the only act, the attempt of which alone with become an offence. ..... this act is a special act and the dis-obedience of this does not fall within the purview of sections 40 and 43 of cr.p.c. ..... ' it follows that an act or omission is not an 'offence' as that word is used in the code if it is punishable only under some other enactment.18. .....