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. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1933Cal581,145Ind.Cas.638
..... was issued on the opposite party to show cause why this court should not set aside the dismissal on a preliminary point of the petitioner's application for an order on the opposite party to file accounts under s, 3, mussalman wakf act 42 of 1923. ..... question raised by this rule turns, on the construction of certain provisions of the mussalman wakf act (act 42 of 1923). ..... the wakf is really a mixed wakf and to such a wakf the provisions of the mussalman wakf act are clearly applicable ..... learned judge is clearly in error in holding that the wakf in the present case is a wakf described in section 3, mussalman wakf validating act of 1913, and therefore comes within the exception of section 2(e) of the act of 1923. ..... we are of opinion that section 3, mussalman wakf validating act, applies to wakf which are in the nature of family settlements, pure and simple, where the ultimate benefit is expressly or impliedly reserved for the poor or for any other purpose recognized by the mussalman law as a religious pious or a charitable purpose of a permanent ..... preliminary point raised was that act 42 of 1923 is not applicable to this wakf inasmuch as it is a wakf of the nature described in section 3, wakf validating act 6 of 1913, and is thus excluded from the operation of act 42 of 1923 by section 2(e) of the act. ..... the other hand the wakf clearly comes under the definition of a wakf contained in act 42 of 1923. ..... question then is whether this is a wakf coming under act 6 of 1913 or under act 42 of 1923. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1932All362
..... applicant, nasrullah, under section 10, mussalman wakf act (42 of 1923). ..... 'wakf' has been so defined in act 42 of 1923, section 2(e), as to include all endowments other than those to which the mussalman wakf validating act (6 ..... learned district judge went into the facts of the case as, in my opinion, he was entitled to do, he found that in the year 1842 the commissioner passed an order showing the nature of this wakf, and it is clear from that order that this was a 'wakf' such as is contemplated by act 42 of 1923 and is not one of those wakfs which are excluded from the act by section 2(e). ..... whether under section 5, act 42 of 1923, the district judge could, on the intervention of other persons, call upon a muttawali to furnish accounts of a wakf and the view taken by the bench was that the act does not authorize the district judge to pass an order that the muttawali should file a statement of accounts as contemplated by section 5, and that the only procedure provided was to punish him under section 10 of the same act for not doing ..... , which is, in fact an earlier stage of the case before us, the only question which called for decision in that case was whether section 5, act 42 of 1923, apart from laying an obligation on a muttawali to furnish a statement of account, also contemplated regular proceedings being taken before the district judge for the determination of the question whether a certain property is wakf or whether a certain person is a muttawali in respect thereof. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1967]63ITR490(SC)
..... in 1923, the mussalman wakf act was passed which gave rise to considerable litigation between the roza committee on the one hand and the ..... of the roza committee by the muslims in general, the roza committee took up the stand that the mussalman wakf act did not apply to their case. ..... present case, we think that there was no warrant for the high court to interfere within the finding of the appellate tribunal that the purpose of the wakf was wholly religious and the maintenance of madrassas and library from 1942-43 onwards was not the original purpose for which the properties were gifted by the murids ..... was made under protest since the contention of the roza committee was that the wakf was not a wakf for the benefit of the public but was a wakf merely for the benefit of the murids and was, therefore, not liable to ..... medical relief, and the advancement of any other object of general public utility, but nothing contained in clause (i), clause (ia) or clause (ii) shall operate to exempt from the provisions of this act that part of the income of a private religious trust which does not ensure for the benefit of the public.' 5. ..... 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 april ..... act required applications to be made for registration of all public trusts, the roza committee made an application to the charity commissioner on may 30, 1952, for registration of the wakf .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All801; 165Ind.Cas.681
..... he put in accounts in the court of the district judge of pilibhit under the provisions of the mussalman wakf act (40 of 1923). ..... he certainly had no authority under the provisions of the mussalman wakf act. ..... it is suggested on behalf of the respondent that it must be supposed that he was acting under the provisions of section 7, charitable and religious trusts act (14 of 1920) and those of order 21, rule 34, civil p.c.3. ..... on the other hand, if it is conceded that the learned district judge was acting properly in accordance with the provisions of section 7, charitable and religious trusts act, and those of o 21, rule 34, civil p.c. ..... , then the district judge was acting merely on behalf of the plaintiff and the defendant was in the same position as he would have been if the plaintiff had executed the power of attorney himself.4. ..... in the year 1905 haji ala bakhsh, the grand-father of the plaintiff, made a wakf of certain landed property. ..... one of them had been collecting the rents and paying out the amounts which were charged upon the property under the wakf. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1936Cal420,165Ind.Cas.740
..... this appeal has arisen out of a proceeding under act 42 of 1923 (the mussalman wakf act), started on an application made to the learned district judge of 24-pargannas praying that a, mutawali in possession of wakf properties be directed to submit a statement of the particulars of the wakf as required by section 3 of the act, that the account submitted by the mutawali be examined and audited, and that the applicant be allowed to inspect and obtain copies of statements and particulars furnished by ..... appointing a receiver in the proceeding pending before the court below were passed under an entire misapprehension of the scope and operation of the provisions contained in act 42 of 1923, as there was no jurisdiction conferred on the district judge in the exercise of which a receiver could be appointed by him in a proceeding started on an application for direction on a mutawali to file particulars and accounts as contemplated by act 42 of 1923, which specifically provided for enforcement of orders in that behalf by penalties in the shape of fine.2. ..... the receiver appointed by the learned district judge is to be discharged and the proceeding under act 42 of 1923 pending before the court below in which the receiver was appointed is to be dealt with by the learned district judge, in accordance ..... to the maintainability of the appeal was raised before us, and we are of opinion that an appeal from the orders complained of does not lie, as they are made in a proceeding under act 42 of 1923. .....
Tag this Judgment!Court : Mumbai
Reported in : (1929)31BOMLR625; 121Ind.Cas.587
..... i think, that he had been given authority to audit the accounts of wakf properties generally by an order of the court under section 6(2) of the mussalman wakf act of 1923. ..... , in addition, he stated that he had been authorised to examine the accounts of wakf properties and to issue certificates by the district court rather aggravates the qase than the ..... that he had been authorised to do was to examine the accounts for certain specific wakf properties on his separate application in each case. ..... his statement that he had been authorised to examine wakf properties and to issue certificates, this is inaccurate. ..... is shortly that he had been guilty of improper conduct under section 20 of the bombay pleaders act inasmuch as he sent various 1929 circular post-cards to the public with reference to the examination of accounts of wakf properties. ..... affidavit of march 25, 1929, which has just been handed to us, he says in paragraph 4:-'he never meant to say or convey that he had general authority to audit the wakf accounts as distinguished from special authority. ..... judge of surat has authorised me to examine the accounts of wakf properties and to issue certificates. ..... accounts in respect of wakf properties should be filed in the district court before ..... of the pleader, when called on for his explanation by the learned district judge, was as follows: (i refer to his affidavit of july 28, 1928):advertising by a pleader is nowhere specifically or impliedly prohibited under the pleaders act or rules thereunder. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1929Bom335
..... , i think, that he had been given authority to audit the accounts of wakf properties generally by an order of the court under section 6(2), mussalman wakf act of 1923. ..... that, in addition he stated that he had been authorised to examine the accounts of wakf properties and to issue certificates by the district court rather aggravates the case than the ..... that he had been authorized to do was to examine the accounts for certain specific wakf properties on this separate application in each case. ..... his statement that he had been authorised to examine wakf properties and to issue certificates, this is inaccurate. ..... him is shortly that he had been guilty of improper conduct under section 20, bombay pleaders act, inasmuch as he sent various circular post cards to the public with reference to the examination of accounts of wakf properties. ..... to say or convey that he had general authority to audit the wakf accounts as distinguished from special authority. 5. ..... stating his address and the date are as follows:respected sir,greetings, his honour the district judge of surat has authorised me to examine the accounts of wakf properties and to issue certificates. ..... accounts in respect of wakf properties should be filed in the district court before 30th ..... the pleader, when called on for his explanation by the learned district judge, was as follows: (i refer to his affidavit of 28th july 1928).advertising by a pleader is nowhere specfically or impliedly prohibited under the pleaders act or rules thereunder. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1960Ker234; 1960CriLJ908
..... the cases were under mussalman wakf act xlii of 1923. ..... this is clear from a reading of the entire provisions of the act and in particular section 20 of the act which deals with the contents and verification of petitions referred to in section ..... section 4 of the code of criminal procedure 'offence' means any act or omission made punishable by any law for the time being in force ..... state of andhra pradesh, air 1958 andh pra 318 which was a case under the hindu marriage act, where a similar question arose for consideration. 6. ..... it follows therefore that the hindu marriage act not having mentioned any particular court for the trial of offences, the court which can try this offence is the court indicated in the criminal procedure code and section 19 has no aplication. ..... section 18 of the hindu marriage act prescribes the punishment for a person who procures a marriage of himself or herself to be solemnized under this act in contravention of the conditions specified in clauses (iii), (iv), (v) and (vi) of section ..... there is no mention in the hindu marriage act of any court which shall impose punishment provided in section ..... section 19 of the hindu marriage act does not provide for either trial or conviction of the ..... provided by section 19 are petitions for reliefs specifically made mention of in sections 9 - 13 and not criminal complaints for any offence which is made punishable under the act. ..... therefore prayed that the respondent may be punished under clause (c) of section 18 of the act. 2. .....
Tag this Judgment!Court : Mumbai
Reported in : (1942)44BOMLR249
..... 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 ..... made under section 6a of the mussalman wakf (bombay amendment) act, 1935, and the order directed the respondent 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. ..... and that in default sanction under section 10b (1) would be given for the prosecution of the respondent for an offence under section 10 of the mussalman wakf act. ..... directing the respondent to do a specific thing within a limited time, and orders of that nature, if disobeyed, can be enforced by proceedings for contempt of court, and under the contempt of courts act, 1926, it is only this court which can take action for contempt of the court of small causes.2. ..... cause why he should not be dealt with under the contempt of courts act, 1926, for his failure to comply with an order made by the acting chief judge of the small cause court on september 4, 1939. .....
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