Court : Mumbai
Reported in : AIR1914Bom109(2); (1914)16BOMLR977
..... para 2 of the plaint. but it has been contended that those decisions no longer apply, now that the mussalmans wakf validating act vi of 1913 has been passed. it is argued that the effect of that act is retrospective and that all deeds of wakfs hitherto created which might be declared void and of no effect, if brought before the courts, are now made good ..... , and there is some ground for that argument in the preamble of the act. but there is a distinct conflict between the preamble of the act and the act itself. the preamble runs as follows :-whereas doubts have arisen regarding the validity of wakfs created by persons professing the mussalman faith in favour of themselves, their families, children and descendants and ultimately for the .....
Tag this Judgment!Court : Kolkata
Reported in : 32Ind.Cas.701
..... it is this. from the judgment of the munsif, it appears that the validity or invalidity of the wakf was a matter that came before the high court and was a subject of adjudication in the high court. we have been told in the course of the ..... to which the decree related, was not before him and that he had no means to form an opinion as to whether or not it was a void and invalid wakf as the court had decided in a previous litigation.2. we are in the same predicament. but there is another aspect of the case by which we are influenced and ..... affirmed on legal grounds. the result then is that there is an adjudication by the high court on the invalidity of the wakf which is based on legal grounds, and ordinarily we should feel bound, not on the principle of res judicata but out of the deference which is due to a previous .....
Tag this Judgment!Court : Mumbai
Reported in : (1917)19BOMLR401
..... lordships think they are bound to follow, clearly establish that the mahomedan law, as interpreted by the board, does not treat such a gift per ae as a good and valid wakf. these decisions are mahomed ahsunalla chowdhry v. amarchand kundu i.l.r. (1889) i.a 28; abul fata mahomed: ishak v. rassamaya dhur ghowdhrii.l.r. (1884) indap ..... it in substance to the charitable purposes named in it. if this be so, as they think it is, the deed is within the authorities a good and valid deed of wakf and must be allowed to take effect according to its tenor. the appeal therefore fails and must be dismissed and their lordships will advise his majesty accordingly. the ..... the mahommedan law, a good gift to a charitable use. there is a good deal of authority in support of that view, especially amongst the earlier writers,' and by the act vi, 1913, passed by the governor-general of india in council, subsequently to the date of the decision appealed from, the law in india has been brought into conformity, .....
Tag this Judgment!Court : Kolkata
Reported in : 41Ind.Cas.684
..... ceremonies mentioned in the documents and provides for the preservation and repair of the mosque. then it says that after deducting the expenses for all these acts from the income of the wakf property, the daughters of the founder would take the balance of the income as their remuneration.5. the dominating purpose and intention of the grantor in executing the deed ..... subsidiary object was to secure for his daughters any surplus that might remain after defraying the experses. we think, therefore, that the wakfnama, though not governed by the provisions of act vi of 1913, is valid.6. that being so, the decree of the lower appellate court is affirmed and the appeal is dismissed with costs. ..... 1. the only question involved in this appeal is whether the wakfnama set up by the defendant is a valid document.2. in determining the question, we have to see whether the effect of the deed was to give the property in question substantially to religious and charitable uses, or .....
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All1
..... meaning of the section. an ultimate dedication of property for the benefit of the poor would, i take it, certainly be a 'public' purpose. under the musalman waqf validating act (no. vi of 1913) the muhammadan community has obtained legislative recognition of the claim that, under the religious law binding upon a member of that community, he is ..... to accept a terminable life annuity of this sort as representing expenditure on a 'charitable' object in the sense in which the word is used even in the waqf validation act of 1913. many of the other items of expenditure claimed by the plaintiff as of a 'religious' or 'charitable' nature amount to no more than the incurring ..... of 1913, has retrospective effect and counsel for the appellant repudiated this contention in advance. as it happened the respondent had his case won independently of the validating act, so the point was not pressed; but the words used by their lordships in disposing of the appeal do not suggest to my mind that they would .....
Tag this Judgment!Court : Allahabad
Reported in : (1919)ILR61All34
..... this time of the day the question of law disposed of by the two decisions above referred to. the effect of the musalman waqf validating act of 1013 can be considered hereafter when the court has before it a document executed in virtue of the power recognized by that enactment. we are content to say that ..... which the right of a shia to create a waqf by will was recognized, assuming of course that the testamentary disposition of the property amounted in other respects to a valid waqf under the muhammadan law. this, however, does not seriously affect the weight of the decisions above referred to. we do not feel at all disposed to re-consider at ..... piggott and walsh, jj.1. the question in issue in this appeal, as it was in the court below, is whether a valid waqf is created by a certain sipurdnamah, or trust deed, of the 27th of december, 1863, executed by a shia gentleman of the name of syed maqsud ali khan and .....
Tag this Judgment!Court : Allahabad
Reported in : 48Ind.Cas.212
..... this time of the day the question of law disposed of by the two decisions above referred to. the effect of the musalman waqf validating act of 1913 can be considered hereafter, when the court has before it a document executed in virtue of the power recognized by that enactment. we are content to say that ..... which the right of a shia to create a waqf by will was recognised, assuming, of course, that the testamentary disposition of the property amounted in other respects to a valid waqf under the muhammadan law. this, however, does not seriously affect the weight of the decisions above referred to. we do not feel at all disposed to re consider at ..... 1. the question in issue in this appeal, as it was in the court below, is whether a valid waqf is created by a certain sipurdnamah, or trust-deed, of the 27th of december, 1833, executed by a shia gentleman of the name of syed maqsud ali khan and .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : 53Ind.Cas.773
..... that in view of the long series of decisions of the judicial committee, any attempt to support the validity of the wakf would be futile. he did not also dispute that the musalman wakf validating act of 1913 was not retrospective in operation and could not validate the wakf which was invalid in its inception. he argued, however, that as in the court below the parties had ..... proceeded on the assumed basis that the wakf was good and valid, this court was not competent to determine whether this assumption was .....
Tag this Judgment!Court : Kolkata
Reported in : 57Ind.Cas.782
..... of a new trustee can be justified under sections 73 and 74 of the indian trusts act. this contention, however, overlooks the fact that this wakf having been created before the enactment of the musalman wakf validating act of 1913, being invalid as a wakf, is also illegal as a trust, the creation of a succession of maintenance allowances from ..... generation to generation in favour of unborn persons apart from a scheme of valid wakf not being recognized by muhammad an law ..... before us. from the judgment delivered by the district judge it appears that he was of opinion that the dedication in question was not a valid wakf or a grant for religious and charitable purposes.2. it is common ground before us that as a matter of fact this wakfnama is not a .....
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