Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Page 6 of about 3,413 results (0.212 seconds)

Bibi Jinjira Khatun and ors. Vs. Mahomed Fakirulla Mea and ors.

Court : Kolkata

Reported in : AIR1922Cal429,67Ind.Cas.77

..... is plain that the legality of the dedication which, it is not now contested, was in the present case made by a hanafi mussalman, must be tested with regard to the provisions of the mussalman wakf validating act (act vi of 1913), this act same into force on the 7th march 1913, and in sections 3 and 4 provides as follows:3 it shall be lawful for ..... accordingly that tested in the light of the provisions of the mussalman wakf validating act, no valid objection can be taken to the legality of the wakf.5. as regards the second point, it is plain that under section 3(b) of the wakf validating act, it is lawful for a person professing the mussalman faith to create a wakf for the payment of his debts out of the rents and .....

Abdul Karim Adenwalla Vs. Rahimabai

Court : Mumbai

Reported in : AIR1946Bom342; (1946)48BOMLR67

..... is only when the trust is for the maintenance and support of the family, children and descendants of the settlor that it comes within the ambit of the mussalman wakf validating act of 1913. as far as one can see, on the provisions of this trust deed, the trust is created not for the maintenance and support of his family ..... my opinion, the whole of the trust property is not given to charity as an ultimate bequest, and unless that is done, the most important provision of the mussalman wakf validating act of 1913 is not satisfied.6. the trust deed may also be looked at from another point of view. it is open to a settlor when he belongs ..... need of money, payment to poor relatives is really good charity under the mahomedan law; but as mr. taraporewalla has pointed out, when we are dealing with the mussalman wakf validating act, we must consider a particular charity benefiting on the extinction of the family of the settlor and, therefore, it is necessary to consider whether the charity selected by .....

Mohammad Yusuf and ors. Vs. Azim-uddIn and ors.

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 .....

Mahant Srinivas Ramanuj Das Vs. Agricultural Income-tax Officer, Puri ...

Court : Supreme Court of India

Reported in : AIR1978SC1736a; [1978]115ITR153(SC); (1978)4SCC315; [1979]1SCR656; 1978(10)LC782(SC)

..... to set out the provisions of section 3 of the musalman wakf validating act, 1913. section 3 of that act runs as follows :-3. power of mussalmans to create certain wakfs.-it shall be lawful for any person professing the mussalman faith to create a wakf which in all other respects is in accordance with the provisions ..... to in section 3 of the musalman wakf validating act, 1913' and the question is what wakfs are referred in section 3 of the musalman wakf validating act, 1913 (hereinafter called 'the validating act'). the validating act, as we shall indicate presently, was enacted only for the purpose of validating wakfs in the nature of wakf-alal-aulad. as has been pointed ..... income of muslim trusts 'referred to in section 3 of the musalman wakf validating act, 1913, (act vi of 1913), the wakfs contemplated by section 3 of the said act (act vi of 1913) include not merely wakf-alal-aulad but also other wakfs where property has been permanently dedicated for any purposes recognised by the musalman .....

C. Kunhamutty Vs. Thondikkodan Ahmad Musaliar and ors.

Court : Chennai

Reported in : AIR1935Mad29; (1935)68MLJ107

..... support of this view there is no evidence whatsoever--we are quite unable to regard this as a distinguishing feature. but it was contended by mr. kuttikrishna menon that the mussalman 'wakf' validating act (vi of 1913) has effected a change in the law because of section 3 and the proviso thereto which read as follows:it shall be lawful for any person professing ..... the decision in ramanandan chettiar v. vava levvai marakayar is that whereas before the mussalman 'wakf' validating act (vi of 1913) provision for the maintenance and support wholly or partially of the family, children or descendants of a person professing the mussalman faith would not be a valid object of wakf, that act validated such a provision and their lordships were clearly of the opinion that the test laid .....

Beli Ram and Brothers Vs. Chaudri Mohammad Afzal

Court : Mumbai

Reported in : (1948)50BOMLR674

..... been established by decisions of this board that a wakf was invalid if the gift to charity contained therein was illusory, ..... usufruct given to them by the wakf. their lordships therefore have no hesitation in holding that there was an intention on the part of ghulam rasul to dedicate the property to 'wakf.16. the next question, whether the wakf deed is good in law, presents more difficulty before the passing of the mussalman wakf validating act (vi of 1918), it had ..... . on the question of limitation the only point argued before the board was that the right to claim a declaration that the wakf was valid was governed by art, 120 of the indian limitation act. it is sufficient to say that their lordships entirely agree with the high court that time never runs in favour of a .....

Nawab Khaseh Habibullah Saheb and ors. Vs. Khajeh Soleman Quader and o ...

Court : Kolkata

Reported in : 53Ind.Cas.764

..... the determination of this question, it is necessary to investigate two preliminary points, namely, first, are the wakfs valid in law? and secondly, if not valid in their inception, have they been validated by the mussalman wakf validating act, 1913.6. as regards the first question, there has been no serious controversy between the parties in this ..... in terms a purely declaratory statute; in reality, it effects a vital alteration in the jaw. we are consequently unable to accept the contention that the mussalman wakf validating act, 1913, is retrospective in operation, and our conclusion is in harmony with that adopted in rahim-un-nissa bibi v. manik jan 27 ind. ..... regards the second question, it has been contended on behalf of the plaintiffs-respondents that the mussalman wakf validating act, 1913, which received the assent of the governor-general on the 7th march 1913, is a declaratory act and is consequently retrospective in operation. it need not be disputed that; statutes which are .....

Beli Ram and Brothers and Others Vs. Chaudri Mohammad Afzal and Others

Court : Privy Council

..... been established by decisions of this board that a wakf was invalid if the gift to charity contained therein was illusory, ..... usufruct given to them by the wakf. their lordships therefore have no hesitation in holding that there was an intention on the part of ghulam rasul to dedicate the property to wakf. [20] the next question, whether the wakf deed is good in law, presents more difficulty. before the passing of the mussalman wakf validating act (6 of 1913), it had ..... on the question of limitation the only point argued before the board was that the right to claim a declaration that the wakf was valid was governed by art. 120, limitation act. it is sufficient to say that their lordships entirely agree with the high court that time never runs in favour of a trustee so .....

M.E. Hameed and ors. Vs. K.M. Sheriff Rowther and anr.

Court : Chennai

Reported in : (1971)1MLJ79

..... wakf act, 1954, deals with such private wakfs, which has a combination of object partly for the maintenance and support of the donor's family and partially for pious ..... the poor or for any other purpose recognized by the mussalman law as a religious, pious or charitable purpose of a permanent character, (vide - section 197, mulla's principles of mohomedan law, sixteenth edition, pages 192-193.) this position is recognised by the law relating to private wakfs the mussalman wakf validating act (vi of 1913). 'wakf-alal-aulad' referred to in section 3(1)(iii) of .....

Moattar Raza and ors. Vs. Joint Director of Consolidation, U.P. Camp a ...

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 .....