Judgment Search Results Home > Cases Phrase: mussalman wakf act 1923 Sorted by: old Court: chennai Page 1 of about 277 results (0.105 seconds)

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 .....

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. .....

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 .....

Mahomed Bi Bi Vs. N.P. Sulaiman Ahmed and ors.

Court : Chennai

Reported in : AIR1926Mad1110

..... me really resolves itself into this whether after the passing of act vi of 1913, the mussalman wakf validating act, such a document as ex. ..... in the result, i have come to the conclusion that even after the passing of the wakf validating act it is necessary that every instrument before it can validly create a wakf should contain a provision for some religious, pious or charitable purpose of a permanent character generally so recognized by all ..... rao was that the mere use of the expression 'wakf' in the deed before me was sufficient to constitute a, bequest for the poor or for any other purpose recognized by the mussalman law as a religious, pious or charitable purpose of ..... in section 2, clause (1) and is as follows :'wakf' meansthe permanent dedication by a parson professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable.13. ..... for these reasons i have come to the conclusion that by this act the legislature clearly provided that even after the passing of the enactment there ought to be a provision in the wakf for a bequest to the poor or other purpose generally recognised as religious, pious or charitable and ..... family and children would be considered religious or pious, then the answer will be that the first part of section 3 already contains such a provision because it is required by that part of the section that a 'wakf' should in all other respects be in accordance with the provisions of the mussalman law.14. .....

C. Kunhamutty Vs. Thondikkodan Ahmad Musaliar and ors.

Court : Chennai

Reported in : AIR1935Mad29; (1935)68MLJ107

..... vava levvai marakayar is that whereas before the mussalman 'wakf' validating act (vi of 1913) provision for the maintenance and support wholly or partially of the family, children or descendants of a person professing the mussalman faith would not be a valid object of wakf, that act validated such a provision and their lordships were clearly of the opinion that the test laid down by lord robertson in the case referred to was the correct one, namely, the charitable purpose or purposes of the ..... that the mussalman 'wakf' validating act (vi of 1913) has effected a change in the law because of section 3 and the proviso thereto which read as follows:it shall be lawful for any person professing the mussalman faith to create a wakf which in all other respects is in accordance with the provisions of mussalman law for the following among other purposes:(a) 'for the maintenance and support wholly or partially of his family, children or descendants, and(b) 'where the person creating a wakf is a hanafi mussalman, also ..... the object of the act was to declare the rights of mussalmans to make settlements of property by way of 'wakf in favour of their families, children and descendants and to remove any doubts previously existing regarding the validity of wakfs so created and to include such objects as the latter. .....

The Commissioner of Income-tax Vs. M. Jamal Mohamed Sahib, Trustee for ...

Court : Chennai

Reported in : AIR1941Mad535; (1941)2MLJ148

..... income-tax referred the following questions to this court for decision under the provisions of section 66 (2) of the income-tax act:(1) whether the provisions made in the wakf deed dated the 21st december, 1923, for the maintenance, education, marriage, funeral and other necessities of the poor and needy among the descendants of the wakf in the male line, constitute a charitable purpose and as such falls within the scope of section 4, clause (3) (i) of ..... ) sir george rankin said:their lordships are in agreement with this view and see nothing in the indian income-tax act to discharge the court of its responsibility in coming to a finding as to the character of the object of a trust--a matter which bears directly ..... relief of the poor, education, medical relief, and the advancement of any other object of general public utility; but nothing contained in clause (i), clause (i-a) or clause (ii) shall operate to-exempt from the provisions of the act that part of the income of a private religious trust which does not enure for the benefit of the public'. ..... be observed moreover, that under the income-tax act the test of general public utility is applicable not only to trusts in the english sense but is to be applied to property held under trust 'or other legal obligation' a phrase which would include moslem wakfs and hindu endowments.8. ..... this case is the muthavalli of a wakf called the allajanathud-deeniya, which was created by one jamal mohideen sahib by a deed, dated the 21st december, 1923. .....

Commissioner of Income-tax, Madras Vs. M Jamal Mohamad Sahib.

Court : Chennai

Reported in : [1941]9ITR375(Mad)

..... of income-tax referred the following question to this court for decision under the provisions of section 66(2) of the income-tax act :(i) whether the provisions made in the wakf deed dated the december 21, 1923 for the maintenance, education, marriage, funeral and other necessities of the poor and needy among the descendants of the wakf in the male line, constitute a charitable purpose and as such fall within the scope of section 4, clause 3(i), of ..... 415 sir george rankin said :'their lordships are in agreement with this view and see nothing in the indian income-tax act to discharge the court of its responsibility in coming to a finding as to the character of the object of a trust - a matter which bears directly ..... relief of the poor, education, medical relief, and the advancement of any other object of general public utility; but nothing contained in clause (i), clause (i-a) 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 enure for the benefit of the public. ..... be observed moreover, that under the income-tax act the test of general public utility is applicable not only to trusts in the english sense but is to be applied to property held under trust or other legal obligation - a phrase which would include moslem wakfs and hindu endowments'.in dr. ..... in this case is the muthavalli of a wakf called allajanathud deeniya, which was created by one jamal mohideen sahib by a deed dated december 21, 1923. .....