Court : Madhya Pradesh
Reported in : [1984]148ITR412(MP)
..... iv) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including any wakf deed which is valid under the mussalman wakf validating act, 1913) (vi of 1913), receives or is entitled to receive on behalf or for the benefit of any person, such trustee or trustees '.7. ..... cit v. v.s. kumaraswamy reddiar trust : [1982]138itr808(ker) and it was observed as under (p. 813-814):'the further contention that even if a valid trust is posited the assessee was liable to be assessed as an association of persons was also pressed before us. passages from p. 949 of the 7th edn. ..... the hands of a representative assessee, had been considered by the bombay high court, while interpreting the analogous provisions of sections 40 and 41 of the indian i.t. act, 1922, in cit v. balwantrai jethalal vaidya : [1958]34itr187(bom) . after referring to the observations made by that court in its earlier judgment in saifudin alimohamed .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1964MP227
..... .'26. the learned counsel for the appellants wanted to submit as already said that the property is a private kabarstan. there cannot be any private wakf. the wakf validating act of 1913 makes only lawful a wakf for following purposes (a) for the maintenance and support wholly or partially of his family, children etc. and (b) where a person creating ..... a hanafi musalman also for his maintenance and support during his life time or for the payment of his debts. therefore even wakf validating act 1913 cannot validate such a private wakf.26a. as we have seen the evidence was led that some time or the other there was a mortgage of the property in dispute. ex. d ..... in dispute are two involved in the above two contentions. the court has found that the property is a wakf property and the kabarstan, a public kabarstan; therefore the defendants who are trustees and have committed several acts of misconduct have made themselves liable for removal. the court has however taken the property as a whole and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1959MP120
..... natural product or growth or expected increase of property already belonging to the seller, or in which he has a present interest may be the subject of a valid contract of sale, which operated to pass the property in the goods on their coming into existence as discussed infra: section 252.' (corpus juris secundam, volume ..... in future amounted to an interest in immovable property and attracted section 6(1} of the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950, with the consequence that all transfers of such rights became void as from thedate of vesting. it was also stated that transfers in favour of the ..... 10-19501951-52iii. khamaria kinardah kandai kiniayadunathsao29-3-19511951-523. it is common ground that after the madhya pradesh abolition of proprietary rights (estates, mahals, alienated lands) act, 1950 (1 of 1951) came into force on 31st march, 1951, the villages referred to in paragraph 2 above vested in the defendant, who thereafter had all .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1990MP64
..... and reasonable manner.' reference in this connection may be made to what has been observed in bhagwandas v. girdharilal air 1966 sc 543, wherein the esserntials of a valid and binding contract have been pointed out. it has been held that there can be no unilateral action to constitute a contract and no contract would result, unless there ..... validity to the new contract came directly from section 62 of the contract act. it became a matter of substitution of new parties and a new contract between them as contemplated under section 62. as noted in ..... that was a question to be settled between the association and the syndicate, and even if that question had not been settled, that fact did not impair the validity of the new contract coming into existence as a result of the fresh 'offer' and fresh 'acceptance' exchanged by the buyer 'and the seller.' the legality and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(4)MPHT370
..... limitation to file suit expired. indeed, when the suit itself was barred by limitation, the respondent had no power to file an application under section 6/7 of the amended wakf act, 1995 before the tribunal. it was thus, not maintainable and equally hopelessly barred by time and hence, had to be dismissed on the ground of it being barred by limitation ..... is bad and that applicants (respondents) are the bhumiswami of the suit land. it is against this order, the non-applicants, i. e., wakf board has filed this revision under section 83(9) proviso of the wakf act, 1995.4. none for the petitioner. shri s.m. jain, learned counsel for respondent nos. 1 to 3. record perused and submissions of learned ..... respect of the suit property declaring the same to be the wakf property was published on 13-9-1985. in view of this, the cause of action to file suit under section 6 of the act arose on 13-9-1985 and hence, the suit could validly be filed by the respondents on or before 13-9-1986, i.e., one year .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP8
..... thandla, district jhabua, in civil suit no. 23-a/94 whereby the suit in question has been declined to be transferred to the tribunal constituted under the wakf act. short facts giving rise to the present revision-petition are that the plaintiff filed suit for permanent injunction restraining the defendants, not to demolish the shop through ..... fourth civil judge class i, indore, in civil suit no. 15-a/93 whereby the aforesaid suit has been transferred to the tribunal, as constituted under the wakf act, 1954. both the orders arise from the same suit. facts giving rise to both the petitions are that the plaintiff filed the, suit praying relief inter alia ..... in other words, in my opinion, the validity of orders made under the provisions of the act or any rule or order made thereunder can be challenged by aggrieved persons before the tribunal for determination of the dispute relating to wakf. however, the mutawalli of a wakf, or persons interested in a wakf are competent under section 55(2) of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1962MP146
..... sc 41 (supra), and lilavati bai v. state of bombay, 1957 scr 721: ((s) air 1957 sc 521). i shall, therefore, examine if the impugned act can be held to be valid law as satisfying all the requirements of article 31(2) on the footing that it being a self-contained code dealing with a subject different from that dealt ..... the conditions and limitations attaching to it, even though they be also duties.'these observations fully apply to sections 3 and 14 of the requisition act i accordingly hold that the state government could validity delegate its power to requisition as well as the connected duty to form an opinion as to the, necessity of the requisition.119. another ground ..... scr 721 : ( (s) air 1957 sc 521)'.90. that was a case of acquisition of land under the provision of the land acquisition act. it therefore follows that we need consider the validity of the impugned legislation only on the basis of limitations and conditions laid down in article 31(2) itself and there is no need to consider .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : I(1991)ACC193; 1990ACJ862; AIR1990MP306; 1990MPLJ387
..... inherent jurisdiction or an exercise of its inherent power in regard to the jurisdiction already possessed. secondly, we must read rule 298(3) sensibly and sustain its validity. it is not necessary to question the reasonableness of the rule as that rule does not defeat the purpose and object of chapter viii of the ..... prescribed by rules. evidently, rules cannot alter the scope of jurisdiction vested in the authority/forum exercising any power under the act to change the 'nature' of the power. the difference between 'power' and 'jurisdiction' has been noted in ..... act; and that can be exercised in any manner and there can be no compulsory requirement for rules to be framed in that regard. as stated by crawford in statutory construction, at p. 25, the vice of unlawful delegation of powers is attached to the 'nature' of the power and not to the 'manner' of its exercise which can be validly .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1970MP237; 1970MPLJ622
..... high court to be just and proper. all these instances which come within the ambit of the saving clause of section 16 of the provincial small cause courts act, would make the decree valid. in my opinion, these are the eventualities in which the trial of a case would be saved by the saving clause and the trial in such cases, at ..... said division bench. i may observe that it is not every trial that would be in contravention of section 16 of the act. a trial which is covered by the saving clause under section 16 of the act would be perfectly valid and to that extent i am in full agreement with the view expressed by my learned brother, shiv dayal, j. further ..... is involved, which a small cause court cannot adjudicate upon. the trial of such a question by the regular court would also be valid by virtue of the saving clause in section 16 of the provincial small cause courts act.99. furtheron section 24(4) of the code of civil procedure empowers the high court or the district court to transfer a .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1960MP86
..... the year 1948-49'. it has not been controverted that the mere record as khudkasht, however erroneous, does not make it home-farm; it must be validly so recorded, or, if erroneously not so recorded, which could properly have been so recorded.this must obviously have been so because entries in annual papers ..... practice' shall be deemed to be cultivated. 'agricultural practice' is practice pertaining to agriculture.the word 'agriculture' has not been defined in the central provinces land revenue act, 1917, and should be presumed to have been used in its ordinary sense. the primary meaning of agriculture is agera field, -- cultura-cultivation, that is, ..... but not a malik-makbuza.' 4. it has been contended that since 'agriculture' or 'agricultural practice' has not been defined in the central provinces land revenue act, 1917, the expression 'agricultural practice' occurring in the first explanation reproduced above should be construed with reference to the meaning given to 'agriculture' in a later .....
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