Court : Chennai
Reported in : AIR1926Mad1110
..... various donees.10. the question before me really resolves itself into this whether after the passing of act vi of 1913, the mussalman wakf validating act, such a document as ex. a in this case would be held to have validly created a wakf for the purposes and objects therein set forth. on behalf of some of the defendants mr. venkatramana ..... proviso in section 3.22. in the result, i have come to the conclusion that even after the passing of the wakf validating act it is necessary that every instrument before it can validly create a wakf should contain a provision for some religious, pious or charitable purpose of a permanent character generally so recognized by all systems of ..... permanent character. in the absence of such a bequest there could be no valid wakf. it is true that before the passing of this act their lordships of the judicial committee and several courts in this country held that for the valid creation of a wakf it was not merely sufficient to have some bequests in favour of charity .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1943Mad234; (1942)2MLJ672
..... any benefit is for the time being claimable for himself by the person by whom the wakf is created or by any member of his family or descendants. ..... with reference to a certain wakf. the learned district judge held that the wakf in question was excluded from the purview of act xlii of 1923 by reason of the definition found in section 2 (e). that definition says that wakf does not include any wakf such as described in section 3 of the mussalman wakf validating act vi of 1913 under which ..... the facts in regard to this wakf are undisputed that it was originally created about 70 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1944Mad504
..... was subject to a contingency. the next question is whether the dedication of that part of the residue which consists of moveable property is unlawful. before the passing of the mussalman wakf validating act, it was the view of this court and of other high courts in india, except the allahabad high court, that there could not be a ..... marriage expenses. it is conceded by the contesting defendants that as the testator's testamentary powers were those of a hindu, he could not by his will have created a wakf had the mussalman wakf validating act, 1913, not been passed. in a number of cases, the privy council had held that a mahomedan could not make a .....
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 : Chennai
Reported in : AIR1953Mad143; (1952)2MLJ657
..... golam hossain', 37 cal 179 as follows:"speaking with respect, the view here expressed misses the principle underlying the rule of mussalman law. according to all the authorities the validity of a transaction creating a burden on a wakf depends on the prior sanction of the judge, which is essential in every case and not as is said in the ..... repair but the mahlara had not sufficient surplus funds to effect the repairs and that under the circumstances the persons who were in management thought it a most prudent act to sell away the property and to purchase with the sale proceeds property which was likely to fetch more income for the mahlara & that the property purchased ..... the statement that when the mutavalli is at a distance from the judge he may act of his own authority does not vary the law; it only throws the responsibility on the mutavalli himself. 'ex post facto' sanction was never contemplated by the mussalman jurists. for the permission of the judge was made an absolute condition to see .....
Tag this Judgment!Court : Chennai
Reported in : (1956)1MLJ119
..... khatoon i.l.r. (1940) cal. 464, it was held by a division bench of the calcutta high court that section 2 had no application to the provisions of the mussalman wakf validating act, 1913. they refused to accept the contention that that section had restored in its complete form the ..... mussalman law of wakf. the learned judges said:before the passing of the shariat act, section 37 of the bengal, agra and assam civil courts act (xii of 1887) provided for the application of mussalman law to questions of succession, inheritance, marriage and religious usage and institutions only and left .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad583
..... or manager; and includes within its fold a household consisting of parents, children and servants and as the case may be, lodgers or boarders. under the mussalman wakf validating act, it is intended to be used in a broad and popular sense.popularly however the term indicates persons descended from one common progenitor and having a common lineage ..... be construed in the sense of 'family as used in section 3(a) of the mussalman wakf validating act, 1913,. which was intended to be used in a very large and extensive sense. the policy of that act was to validate the creation of a wakf in perpetuity in favour of persons who happened to be the members of a family ..... co.) p. 365) ) therefore, the present suit is maintainable. 14. point 2:--in regard to the scheme, neither side was able to place before us any valid and tenable objection to any of the provisions regarding the terms of the scheme and concerning which the court has complete discretion-mahomed ismail arif v. ahmad moolla dawood, .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad194
..... . no. 77 of 1951.2. the facts are:- muhammad abdul kadir ma-lumiar created a private trust on.19-11-1918 i.e. bab-sequent to the mussalman wakf validations act of 1913. the wakf comprised of ac.12.80 cents of land near nagore, portion of a house bearing door no. 3 in nagore town, and cooking vessels etc., men. tioned in ..... year in the hussainia moulath. khana belonging to the settlor when 25 marakkals of rice have to be cooked and distributed to poor muslims.this poor feeding is a valid object of a wakf: baillie (1) 550; hidaya 240; fatma bibi v. advocate-general of bombay, ilr 6 bom 42 (a); assoo-bai v. noorbal, 8 bom lb 245 (b ..... the sanction under s. 92 of the civil procedure code, or s. 14 of the reli-gious endowments act: ashraf ali v. mahomed nurajjamma, : air1919cal179 the wakf pro-perty may, like other trust properties be recoveredfrom third persons under circumstances referred to in the indian trusts act, s. 63. in case of an unlawful alienation or a mortgage of the mosque property .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad247; (1963)IMLJ281
..... charitable or religious purposes, but that enactment enabled the creation of a wakf for the maintenance and support wholly or partially of the members of the settlor's ..... for its protection and the relevant provisions of the act.8. wakf means a permanent dedication by a person professing islamic faith of properties for any purpose recognised by that law as religious pious or charitable. prior to the enactment of the muslim wakf validating act of 1913, a wakf can be valid only if the property was given in substance for ..... the power given to the board, a lay body, under section 55(2) as one to supersede the opinion of the advocate general. section 55(2) of the wakfs act; should, therefore, be read harmoniously with the powers of the advocate general under section 92, c. p. c. if so done, the only matter to be considered .....
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