Court : Allahabad
Reported in : AIR1969All35
..... hyder in his attack on the validity of the wakf deed in question. the mussalman wakf validating act provider a statutory criterion for judging the validity of wakfs of the nature mentioned therein, and since it has been given a retrospective effect by the mussalman wakf validating act xxxii of 1930, the validity of all such wakfs whether created before or after its ..... and ultimately for the benefit of the poor or for other religious, pious, or charitable purposes.this was the historical background of the mussalman wakf validating act of 1913 and it was summed up by the privy council in beli ram and brothers v. chaudri mohammad afzal in the following words :' ..... doctrine has no application to a gift which lacks a general charitable intent as, according to him, the wakf in question does. the argument ignores that essential characteristic of wakfs governed by the mussalman wakf validating act of 1913 which i have emphasized above and it is untenable both on principle and on authority.11. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1952All127
..... of the poor. it was held that the wakf to the poor after the wakif's line was exhausted was merely illusory. the mussalman wakf validating act (vi [6] of 1913) now makes a wakf like the one in abul fata's case a valid wakf. it provides that a hanafi mussalman may make a wakf for the 'maintenance and support' wholly or partially ..... decision of the bombay high court in abul karim v. rahimabai a. i. r. (33) 1946 bom, 342.9. it is true that the words in the wakf validating act are 'maintenance and support.' the word 'maintenance' is generally intended to mean lodging, boarding, clothing and other such necessaries of life. the word 'support', however, appears ..... for charitable or benevolent purposes. similarly, we must distinguish the english decisions on the point & not blindly hold that waqfs for 'khairat' are valid. i consider that but for the mussalman waqf validating act, a waqf for 'khairat' or charity simpliciter could have been void for uncertainty. the position since the passing of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1930All169
..... the settlor's family. in musharraf begam v. sikandar jahan begam : air1928all516 it was observed that the word 'female' had been used in the mussalman wakf validating act in its broad popular sense so as to include all relatives more or less dependant on the settlor, and that a daughter-in-law living with an ..... for charity and other pious purposes is comparatively small in amount and is of an illusory character because of its uncertainty. since the passing of the mussalman wakf validating act the matter is now beyond the reach of controversy that the creation of an endowment for the maintenance and support wholly or partially of the family ..... purposes was left to an uncertain and discretionary amount. apart from the fact that the instrument was created long before the mussalman wakf validating act, the terms of the document clearly indicated that the wakf was a family perpetuity in disguise. the conditions in the document in controversy now before us are essentially different. in mohammad .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All201
..... character. the madras high court in abdul sattar ismail v. 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. but while relying on the definition for this purpose, it will be noted that the court was ..... imposition of the condition subsequent to the creation of the wakf could not destroy its character as a wakf.15. 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 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All512; [1951]19ITR70(All)
..... capable of having property vested in them, of receiving property and of transferring property. in the case of a muslim waqf governed by the provisions of the musalman waqf validating act, 1913, the waqf is capable of receiving and holding property; under special circumstances, it is also capable of transferring its property. all these actions of the waqf ..... not in god almighty. our answer to the second question, therefore, is that under the waqf created on 28-10-1941 by the assessee under the musalman waqf validating act, 1913, the assets have been transferred to 'god and not to the mutwalli holding possession of such assets.4. the third question framed by the tribunal raises ..... contested on behalf of the assessee. we feel ourselves unable to agree with the view taken by the tribunal. the position of a mutwalli under the musalman waqf validating act can, in no circumstances, be compared with that of a trustee. in the case of a trust, the ownership in the property vests in the trustees though .....
Tag this Judgment!Court : Allahabad
Reported in : [1999]240ITR614(All)
..... various clauses of the waqf deed that a waqf was created by the donor out of his own property in accordance with muslim law and the provisions of the musalman wakf validating act, 1913. the donor had divested himself of all the property rights and held them only as mutawalli in perpetuity and for ever. it is also seen that nearly 25 ..... property will be used for charitable purpose and what portion will be utilised for the purposes 'other than charitable', as such, the provisions of section 5(1) of the act are applicable.4. mr. b. dayal, for the assessee, submits that the finding of the tribunal is wholly in favour of the petitioner which has stated that in the ..... . whether, on the facts and in the circumstances of the case, the appellate tribunal was correct in law in holding that the provisions of section 21a of the wealth-tax act, 1957, were not applicable in the instant case ?' 2. mr. chopra, appears on behalf of the department, and mr. b. dayal, on behalf of the respondents.3. mr. chopra .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All404; 163Ind.Cas.344
..... of families, children and descendants. it was held by their lordships of the privy council that the act was not retrospective, but was only prospective. accordingly previous wakfs of such kind would still be invalid. subsequently the mussalman wakf validating act (act 32 of 1930) was passed, and the wakf act of 1913 was given a retrospective effect provided it did not affect rights which had accrued before 1930 ..... .5. but even though act 6 of 1913 recognizes as valid purposes the maintenance and support of one's family .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1941All235
..... it may include work which may not be of a permanent character and which may not be religious, pious or charitable within the meaning of the proviso to section 3, mussalman wakf validating act, 1913. if this is a correct interpretation of the word kare khair the trust clearly falls within the class of cases of which morice v. bishop of durham (1805 ..... is used in the narrower sense of khairat it will be a good trust. so far as the question of specification of objects required by the proviso to section 3, mussalman wakf validating act of 1913 is concerned, judicial authority is somewhat conflicting. in ramzan v. mt. rahmani ('32) 19 a.i.r. 1932 oudh. 71 a bench of the oudh chief ..... discretion to the court and to the mutwalli to administer the trust. in this view of the matter, the condition laid down in the proviso to section 3, mussalman wakf validating act, has not been duly complied with and the waqf fails for uncertainty.18. two other objections were entertained by the trial court as to the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All509
..... the supreme court, it will be found that the submission has no force, as would instantly appear.17. it is a matter of history that the mussalman wakf validating act of 1913 was specifically enacted to override the decision of the judicial committee in abdul fata mahomed v. eussomoy, (1894) 22 ind. app. 76 in ..... for certain specified purposes, which, under the muslim law are recognised as pious or religious. under the mussalman wakf validating act, this fiction appears to have been extended to cases of private wakfs or wakfs-alal-aulad, i.e, wakfs of which the object is, in praesenti and for an indefinite period in future, to confer benefits on ..... was urged before us that the law applicable to public wakfs cannot be applied with equal force to a private wakf or wakf alal-aulad. private wakfs or wakfs alal-aulad, it was submitted, are en-tirely governed by the provisions of the mussalman wakf validating act. 1913, under which the wakf property vested in the mutwalli or beneficiary and not in .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All62
..... . the learned advocate-general has urged that the trust was of a private nature and the suit under s. 92 of the code was therefore, not maintainable. after the mussalman wakf validating act (vi [6] of 1913) a waqf created for the maintenance and support of the family of the wakif, 'generation after generation, is ..... valid, provided the 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. section 92 is applicable to all suits relating to trusts ..... his widow, musharraf begum, had been given a sum of only rs. 15 per mensem for her expenses. after the death of arab ali, musharraf begum and others denied the validity of the waqf executed by arab ali, and a suit had to be brought by sikandar jahan begam for a declaration that the property was waqf and she was the .....
Tag this Judgment!