Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Court: allahabad Page 7 of about 171 results (0.305 seconds)

Nigam Das and Others Vs. Additional District Judge, I, Jaunpur and Oth ...

Court : Allahabad

Reported in : 2000(2)AWC1675

..... of the notice period, the partnership would be deemed to continue as only a firm and final intention to dissolve the partnership firm was essential for a valid notice. the partnership firm had come to an end with the expiry of the notice period irrespective of the fact if in the meantime the other partner ..... that would be likely to arise from granting it.18. in the present case after examination of record, this court finds that the lower appellate court has acted beyond its jurisdiction in granting the mi-interim injunction in favour of the plaintiff respondents against the aforesaid well established principles of granting temporary injunction.19. as ..... jurisdiction committed by the inferior courts or tribunals. such a writ can, similarly,be issued where in exercise of jurisdiction conferred on it, the court or tribunal acts illegally or improperly or where the procedure adopted in dealing with the dispute is against the well established principles of law. while exercising such a power, the .....

Amir Alam Khan Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002(1)AWC266; (2001)2UPLBEC1715

..... a constitutional restriction it is within the power of a legislature to enact a law for the recall of officers'. its experience of validity can be decided on the provision of the act and not, as a matter of policy. in the american political dictionary the right of recall is defined as, 'a provision enabling ..... a president, would have to be examined on applicability of statutory provision and not on political philosophy. the municipality act provides in detail the provisions for election of president, his qualification, resignation, removal etc. constitutional validity of these provisions was not challenged, and rightly, as they do not militate, either, against the concept of ..... electorate.'85. in mohan lal tripathi's case (supra), the petitioner had assailed the validity of no-confidence motion passed against him under section 87-a of the u. p. municipalities act, who was elected under section 43(2) of the act, as president of the rae bareilly city municipal board. he had assailed the action .....

Rahmat Ullah and Vs. State of U.P. and ors.

Court : Allahabad

Reported in : II(1994)DMC64

..... the object to secure the principles laid down in part iv of the constitution. it may be mentioned here that their lordships of the supreme court has upheld the validity of this act in the case of latafat ah v. state of u.p. reported in : air1973sc2070 . thus having considered the whole matter my conclusions are as under :(1) that the ..... 1993, filed by smt. khatoon nisa. the tenure-holder initially filed a writ petition, i.e. writ petition no.608 of 1975 in this hon'ble court, challenging the validity of the act as well as notice issued to him and obtained an order of stay on 10.3.1975. the aforesaid writ petition was finally dismissed by this court. the proceedings ..... under article 226 of the constitution.(2) that provisions of section 3(7) and 3(17) of the u.p. imposition of ceiling on land holdings act are legal and valid and are intravires and their validity is not open to challenge in view of article 31b and 31c of the constitution of india read with schedule ix and provisions of part iv .....

Sunni Central Waqf Board and Others Vs. Gopal Ingh Vishrad and Others

Court : Allahabad

Reported in : AIR1991All89

..... waqf will not cease to be a waqf and waqf property will not cease to be so merely because the waqf or the property has not been validly notified u/s. 6(1) of the act. the effect of notification u/s. (1) is that the character of the institution and of the property becomes unassailable by the muslims. such ..... under the superintendence of the sunni central board or the shia central board constituted under the u.p. muslim wakfs act, 1936 (u.p. act x11i of 1936)'. this provision also does not restrict the applicability of the act to waqfs notified u/s. 6(1). prior to the filing of the suit by the waqf board others had already filed suit ..... fall within the ambit of cl. (b). we proceed to examine each of these issues separately.issue 5(b) 14. u.p. act no. xiii of 1936 provides the procedure for identification of wakfs and wakf properties and their notification in the gazette. the plaintiffs state that the property in dispute has been identified and notified under the provisions of the .....

Thakur Dan Singh Bisht Vs. State of Uttar Pradesh

Court : Allahabad

Reported in : AIR1964All128

..... v. governor general incouncil, ilr (1950) 2 cal 431, it was held that if contract is not made in accordance with the previsionsof section 175(3) of the 1935 act, it was not valid againstthe government.36. the patna high court in dominion of india bhikraj jaipuria : air1957pat586 held that the provisions of section 175(3) of the ..... issue in favour of the respondent and against the appellant on the finding that the letters and the telegram 'effected a valid contract between the parties within the meaning of section 175(3) of the government of india act of 1935 and the plaintiff is, therefore, competent to sue for damages for breach of this contract.' the trial court ..... plea issue no. 7, which is reproduced below, was framed:'7. is the contract relied upon by plaintiff not valid and not enforceable for non-compliance with the provisions of section 175 of the government of india act as alleged in para 25-a of the written statement and if so its effect?'the learned trial judge answered this .....

Manvendra Shah, Member of Parliament Vs. State of U.P.

Court : Allahabad

Reported in : AIR1996All92; (1995)2UPLBEC1060

..... or relevance in respect of the policy of reservation which is the subject matter of dispute before this hon'ble court.15. insofar as the question of validity of the impugned ordinance with reference to its promulgation is concerned, it is noteworthy that the competence of the governor in having promulgated the ordinance cannot be ..... that time. it is, however, noteworthy that the impugnedordinance has since been approved by the house in the form of up state universitie.5 (first amendment) act, 1994 (act 20 of 1994) and the same has been notified on 31-8-94, of which photocopy is annexed at annexure ii. in view of the aforesaid ..... management control and cleaning the way for develop-ment. 9. the difficulties in the rural life have abnormally increased because of the restrictions imposed by forest conservation act and restrictions relating to environment. the development programmes providing the basic facilities have stopped. for solution of the problems of unemployment, the legal bar for the .....

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court : Allahabad

..... in open market and the transporter shall deliver the capacity in physical terms of any person or entity which wishes to take physical delivery on the basis of a valid contract. (6) the nomination of natural gas for transportation shall contain the expected gas flow details of one or more days daily-nominated quantities as per the ..... same has been complied with under the different conditions contained in gspa. a combined reading of psc and gspa defines sale in terms of the cst act, vat act or even sales of goods act. sale has taken place at gadimoga itself so far as petitioner is concerned and delivery point being at gadimoga, sale consideration also co-relates to ..... does not require to be considered with regard to state's right to impose vat. shri abhishek manu singhvi learned senior counsel rightly says that central sales tax act being central act enacted under the power exercised by parliament under list i, it has got overriding effect on the law made by the state. 121. under section 7 .....

Official Receiver, Jhansi Vs. Jugal Kishore Lachhi Ram Jaina, Hyderaba ...

Court : Allahabad

Reported in : AIR1963All459

..... equity and good conscience. the court cannot make sri chand a constructive trustee of the money by overriding the provisions of the contract act. when the contract act says that a contract induced by fraud is valid and binding until avoided, equity cannot declare that on july 27, 1950 sri chand was a constructive trustee of the money for ..... the contract to the knowledge of sri chand before july 27, 1950, on which date the application for adjudging him insolvent was made. the contract accordingly stood valid and operative on that date and would pass property in the money to sri chand subject of course to what is to be stated later. oakes v. turauand ..... or disaffirm the contract after notice of fraud, and until it was disaffirmed in accordance with law it was valid and binding on the parties. it would create a certain legal relation between the parties under the contract act, the equity cannot substitute for that relationship a constructive trust even though the plaintiff had not elected to .....

Badrul Islam Vs. the Sunni Central Board of Waqf, U.P., Lucknow

Court : Allahabad

Reported in : AIR1954All459

..... view of the agreement between the parties the waqf cannot be said to be outside the operation of the muslim waqfs act of 1936. 7. the wakf dead, dated 11-6-1918, related to a house situate at delhi and cash of over a lac of rupees ..... to pakistan and the custodian of evacuee property has been given notice of this appeal in view of section 50, administration of evacuee property act (act no. 31 of 1950). he has not applied to be impleaded and we did not consider it necessary to implead him in the ..... shall be spent annually and the balance shall equally be divided! amongst the five sons.' 5. paragraphs 1 and 2 of the wakf deed relate to the appointment of mutwalli and provide that the waqif would be the first mutwalli for his lifetime and after his ..... any member of his family and that, therefore, this act did not apply in view of section 2, sub-section (2), clause (i) of the act. parties agreed that this wakf would be exempted from the operation of the act in case it was held that rs. 600 made .....

Mrs. Chandramani Dubey and anr. Vs. Rama Shankar Dubey and ors.

Court : Allahabad

Reported in : AIR1951All529

..... caste marriages to which they refer as a 'difficult question.' further the latest enactment on this subject, the hindu marriages validity act (act xxi [21] of 1949) once more recognises the validity of inter-caste marriages. in this act the word hindu is defined as including sikhs and jains and section 3 reads as follows :'notwithstanding anything contained in ..... of affinity or kindred although it does not indicate by what law the impediment of affinity or kindred is to be judged. finally it validates all marriages under the act. since the act does not contain any reference to any impediment created by the personal law of the parties other than the english law, it would follow ..... not bear the restricted meaning sought to be placed upon the words by the accused. the learned judge held that :'the words 'nothing in this act shall be deemed to validate any marriage' presuppose that the marriage is not merely forbidden by the personal law of a party but that it is, according to that personal law .....