Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Court: supreme court of india Page 5 of about 421 results (0.269 seconds)

Bharat Sanchar Nigam Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC1383; (2006)4CompLJ330(SC); (2006)201CTR(SC)346; [2006]282ITR273(SC); JT2006(3)SC114; 2006(2)SCALE752; (2006)3SCC1; [2006]145STC91(SC); 2006[2]STR161; [2006]152

..... ltd. v. janapada sabha : air1964sc1013 tax was claimed in respect of coal by the respondents therein. notices of demand were sent to the appellant. the validity of these notices was challenged by the appellant by filing a writ petition before this court. the writ petition was dismissed and it was held that the ..... which data generated by the subscriber was transmitted to the desired destination. the inspiration for the argument has been derived from the provisions of the indian telegraph act, 1885 which defines telegraph3 as meaning:'telegraph' means any appliance, instrument, material or apparatus used or capable of use for transmission or reception of signs, ..... instruments and other appliances including wiring, cable etc. are 'undoubtedly 'goods' within the definition of the word in section 2(d) of the u.p. act'. it was also held a telephone exchange being housed in immovable properties would make no difference because a tangible object like electricity which is generated in projects and .....

State of Rajasthan and anr. Vs. Rajasthan Chemists Association

Court : Supreme Court of India

Reported in : AIR2006SC2699; 2006(202)ELT217(SC); JT2006(6)SC553; RLW2006(4)SC3365; 2006(7)SCALE330; (2006)6SCC773; [2006]147STC542(SC); 2006(2)LC975(SC)

..... surcharge for the purpose of union'.48. interpretation of the two sections came up before andhra pradesh high court. the said court while upholding the validity of the act read down the section 44ac of the act and held it only to be an adjunct to section 206c and to explain provision of section 206c and not to dispense with the regular assessment ..... division of legislative power under the constitution has remained unaltered, the principle of gannon dunkerley's case [1999] s.c.r. 379 applies in adjudging the validity of the provisions of the madhya pradesh act 4 of 1958.7. consumption by an owner of goods in which he deals is therefore not a sale within the meaning of the sale of goods ..... 1939 was to the extent of the extension invalid.6. in gannon dunkerley & company's case [1999] s.c.r. 379 the validity of section 2(h)(ii) of the madras general sales tax act, 1939, as amended by act xxv of 1947, in so far as it included goods included in a works contract fell to be determined, in the light of .....

Hans Raj Banga Vs. Ram Chander Aggarwal

Court : Supreme Court of India

Reported in : AIR2005SC2384; (SCSuppl)2005(4)CHN47; 2005(3)CTC40; JT2005(5)SC38; (2005)141PLR185; (2005)4SCC572

..... the same deserves to be set aside.16. high court erred in not appreciating that the matter with regard to the validity of the sale in favour of the appellant had been decided between the parties in the earlier proceedings and the decision attained finality up to this court. ..... respondent had taken a firm stand that the property formed part of the 'compensation pool' within the meaning of section 14 of displaced persons (compensation and rehabilitation) act, 1954. the finding recorded by the high court is bereft of any reasons whatsoever, against the record and the findings recorded in the earlier round of litigation. ..... compensation and rehabilitation) rules, 1955 and forms part of the compensation pool within the meaning of section 14 of the displaced persons (compensation and rehabilitation) act, 1954 (for short 'the act').3. bhagwan das, father and predecessor-in-interest of the defendant-respondent who was not a displaced person filed c.w.p. no. 458-d .....

Central National Bank Ltd. Vs. United Industrial Bank Ltd.

Court : Supreme Court of India

Reported in : AIR1954SC181; [1954]1SCR391

..... plaintiff did acquire the rights of a pledgee in respect to the disputed shares under the provision of section 30(2), sale of goods act. there is no dispute, he says, that there was a valid contract of sale regarding these shares between bhuiya, the real owner, and mukherjee; and that the plaintiff was a bona fide pledgee from ..... l.j. in that case, the parliament could not possibly have intended to apply the artificial distinctions of criminal law to a commercial transaction governed by the factors act, there is still less justification for importing a highly technical rule of england criminal law which had its origin in a legal fiction devised by english judges to punish ..... whether on the facts that transpired in evidence, the plaintiff bank was entitled to avail itself of the provision of section 30(2) of the indian sale of goods act. mr. justice sarkar of the calcutta high court, who tried the suit, decided this question in favour of the plaintiff. the learned judge was of opinion that .....

Chhotabhai Jethabai Patel and Co. Vs. the State of Madhya Pradesh

Court : Supreme Court of India

Reported in : [1953]4SCR476

..... sums as quid pro quo for what he has parted with under the transfer, it can only be on the basis that the transfer is a good and valid transaction unaffected by the act. section 6 is very material, and it is in these terms : '(1) except as provided in sub-section (2), the transfer of any right in the property ..... mahals and alienated villages and vesting the same in the state for the purposes of the state free of all encumbrances with effect from 31st march, 1952. 10. the validity of the act was questioned by the affected proprietors in visheshwar rao v. the state of madhya pradesh [1952] s.c.r. 1029, before this court, and the ..... leaves under them has to start at once or practically at once and to proceed continuously.' 26. there is nothing in the act to affect the validity of the several contracts and agreements. the petitioners are neither proprietors within the meaning of the act nor persons having any interest in the proprietary right through the proprietors. there is no provision in the .....

Jaipur Development Authority and ors Vs. Vijay Kumar Data and anr

Court : Supreme Court of India

..... that apart, article 14 has no application or justification to legitimise an illegal and illegitimate action. article 14 proceeds on the premise that a citizen has legal and valid right enforceable at law and persons having similar right and persons similarly circumstanced, cannot be denied of the benefit thereof. such person cannot be discriminated to deny the ..... a party to take land in lieu of cash. where, however, the interest of the party is so limited, as in the case of a trustee of a wakf property or a hindu widow, as to make it extremely difficult, if not impossible, to arrive at an adequate cash estimate of its value or where, from the ..... is not being commenced against her but the investigation deserves to be commenced against s/shri m.d. kaurani, ias and subhebhan mitra under section 1 of the act, and i order accordingly. however, as has happened with hundreds of similar reports submitted by the lokayukta and other statutory authorities entrusted with the task of making investigation .....

The Commissioner of Sales-tax, Eastern Division, Nagpur Vs. Husenali A ...

Court : Supreme Court of India

Reported in : AIR1959SC887; [1959]Supp(2)SCR702; [1959]10STC297(SC)

..... provinces. the question of the constitutional validity of that explanation was not raised in the high court and indeed, in view of the decision of this court in popatlal shah v. state of madras : 1953crilj1105 ..... falls back upon the argument founded on explanation ii to s. 2(g) and argues, somewhat half-heartedly, that notwithstanding the provisions of the sale of goods act regarding the passing of property in the goods the sale under consideration must be deemed, in the light of that explanation, to have taken place within the central ..... the goods took place at chanda and other railway stations in the central provinces and that the assessee was, consequently, liable to pay the sales tax under the act. 20. the respondent preferred an appeal to the sales tax commissioner who upheld the assistant commissioner's order of assessment as well as of the penalty. he .....

Government of Maharashtra and Ors. Vs. Deokar's Distillery

Court : Supreme Court of India

Reported in : AIR2003SC1216; 2003(4)ALLMR(SC)316; JT2003(3)SC86; 2003(3)SCALE124; (2003)5SCC669; [2003]2SCR852; 2003(2)LC1427(SC)

..... government of andhra pradesh v. anabeshahi wine and distilleries pvt. ltd. : 1988(16)ecc176 while considering the validity of section 28(2) of the a.p. excise act, 1968 which is in pari materia with section 58 of the bombay prohibition act, observed:'...a predetermined amount equivalent to or even higher than the amount which is sought to be recovered ..... of the duty is usually passed on to the buyer as part of the price.'82. an act on the part of the state to increase wages of its employees is a welfare act. when such increase takes place with retrospective effect the validity thereof can be upheld only because it is for the benefit of the employees. such a beneficial ..... act on the part of the state, however, would not bind a third party. an increase in .....

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

..... end and the dedication to charity was illusory or small. this led to considerable resentment among the muslims. the mussalman wakf validating act, 1913 came to be passed. this legitimised the institution of wakf-alal- aulad. another act came to be passed in the year 1930 which gave it retrospective effect. in the meantime, the 9 ..... extent to which property is dedicated for any purpose so recognised was also a wakf which would qualify as a public trust. however, it did not include a wakf so described under section 3 of the mussulman wakf validating act 1913 under which any benefit is for the time being claimable for himself ..... anything contained in sub section (3) all proceedings pending before any authority under the mussalman wakf act, 1923 as amended by the mussalman wakf bombay amendment act, 1935, the bombay public trusts registration act, 1935, or the parsi public trusts registration act, 1936, immediately before the said date shall be transferred to the charity commissioner and any .....

Sabir Ali Khan Vs. Syed Mohd. Ahmad Ali Khan

Court : Supreme Court of India

..... it declared the rights of mussulmans to make settlements of property by way of wakf in favour of their families, children and descendants. for the purposes of the validating act the term wakf was defined to mean the permanent dedication by a person ..... the passing of the west bengal estates acquisition act, 1953, and, in that, the waqf 69 in question fell within the definition of the words charitable purpose and religious purpose , the court held, inter alia, as follows: 13. these cases led to agitation in india and the mussalman wakf validating act 1913 (6 of 1913) was passed. ..... be treated as a waqf. this judgment led to the passing of the mussalman waqf validating act, 1913. sections 3 and 4 of the said enactment reads as follows: 3. it shall be lawful for any person professing the musalman faith to create wakf which in all other respects is in according with the provisions of musalman .....