Court : Andhra Pradesh
Reported in : 2010(1)ALT112
..... affected or altered merely because they would no longer be governed by the provisions of the wakf act, 1995 and would be governed by mohammedan law and enactments enacted in respect thereof, such as the mussalman wakf validating acts of 1913 and 1930, the religious endowments act, 1863 and the shariath application act, 1937. thus the high court of calcutta held that the legislature with deliberate intent kept ..... private wakfs out of the ambit of the said act and the administrative control of the authorities appointed or constituted under the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1362; (1978)3SCC299; [1978]3SCR886
..... considerable dissatisfaction in the mohamedan community in india. this led to the passing of the mussalman wakf validating act, 1913 which was made retrospective in operation by a subsequent act of 1930. in view of the validating act of 1913 the validity of the wakf was beyond the pale of challenge.13. although in respect of the law applicable to waqfs ..... there is some difference in regard to some matters between the shia law and the various other schools of mohamedan law applicable to sunnis, in very many fields the law is identical. after the validating act ..... superintendent.' the general powers of the mutawalli as mentioned in section 529 of tyabji's book are that he 'may do all acts reasonable and proper for the protection of the wakf property, and for the administration of the waqf.'16. it will be useful to point out the law as regards distribution of .....
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 : Mumbai
Reported in : AIR1964Bom96; (1963)65BOMLR647
..... ' in the context in which the word is used in section 106 of the transfer of property act in shah maidal islam v. commissioner of wakfs : air1943cal635 an occasion had arisen to construe the meaning of the word 'family' in section 3(a) of the mussalman wakf validating act, and at p. 639 it has been observed that the word 'family' is one of great ..... comprising certain incorporated companies. one of the questions that arose before the privy council was whether the notice served on one of the defendants could be held to be a valid notice against the whole body of tenants who were treated as joint tenants, and at p. 480 (of ilr cal): (at p. 110 of air) their lordships have observed ..... any one of them are the acts of all such tenants, such as act of re-entry or act of wrongful conversion, then it is difficult to hold why a notice received by one of them should not have the effect of a valid notice in respect of all on whom the notice is meant to operate. there is sufficient community of interest .....
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 : Supreme Court of India
Reported in : AIR1962SC1722; [1963]1SCR20
..... think transferred or bequeathed is to belong. 31. the high court held that the wakf was a valid wakf under the mussalman wakf validating act, 1913 but it held that it offended section 12 inasmuch as 'though the corpus of wakf property is transferred to god almighty, yet its usufruct is transferred to unborn descendants of ..... decision caused considerable dissatisfaction in the mohammedan community in india and to legalise wakf-alal-aulad the mussalman wakf validating act, 1913 was passed. that act defines wakf 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' : section 2(1). sections ..... it upheld the finding of the trial court that the wakf deed was a genuine document. it also held that it was a valid wakf as a wakf-alal-aulad under the mussalman wakf validating act (no. 6 of 1913); but it held that the wakf deed was invalid because it contravened the provision of section .....
Tag this Judgment!Court : Chennai
Reported in : AIR1947Mad176; (1946)2MLJ335
..... been in favour of the charities named in schedule d.19. it follows that the wakfnama satisfies the requirements of the proviso to section 3 of the mussalman wakf validating act, 1913, and must be upheld as valid.20. the appeal is, therefore, allowed and the decree of the court below will be modified as follows : the properties mentioned in schedules a to a-3 ..... the provision for the charities costing only rs. 160 per annum is an illusory trust and cannot be upheld as a valid wakf under the muhammadan law as expounded by the decisions of the privy council before the passing of the mussalman wakf validating act, 1913. (vide mahomed ahsanulla chowdhry v. amarchand kundu abul fata mahomed ishak v. rasamaya dhur chowdhri and mujib-un-nissa v .....
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 : Mumbai
Reported in : (1942)44BOMLR256
..... nephew is a good disposition.4. it is clear that according to the law as laid down in several decisions of the privy council, prior to the mussalman wakf validating act (vi of 1913), the wakf in favour of the testator's nephew and his heirs would have been void on the ground that the ultimate disposition to charity was illusory on the ground ..... he belongs to the family of the settlor it is only if he belongs to the settlor's family that the disposition in his favour can be upheld and the mussalman wakf validating act can apply to him.9. it is common ground that defendant no. 1 did not reside in the same house as the settlor nor was he dependent for his ..... nor members of his family. i, there-fore, hold that the disposition in favour of the heirs of hoosein noor mahomed does not come within the purview of the mussalman wakf validating act and the disposition is therefore bad in law.10. mr. haindaday for defendant no. 1 has argued that the court must only look to the first beneficiary under the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1944Bom91; (1943)45BOMLR1055
..... that at least half the income of the trust does not fall within the scope of section 3 of the mussalman wakf validating act, 1913, and that part of the wakf, therefore, comes under the operation of the mussalman wakf act, 1923, is correct, and i see no reason to interfere with that interpretation in revision. the order calling ..... . as observed by mitter j. in ali bakhtiyar v. khondkar altaf hussain i.l.r. (1933) cal. 790, section 3 of the mussalman wakf validating act, 1913, applies to wakfs, which are in the nature of family settlements pure and simple, where the ultimate benefit is expressly or impliedly reserved for the poor or for ..... district judge of ahmedabad called upon the petitioner to pay a contribution towards the wakf administration fund. the petitioner made an application contending that the wakf was such as is described in section 3 of the mussalman wakf validating act, 1913, and, therefore, the mussalman wakf act of 1923 was not applicable to it, and also that he had already .....
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