Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: old Court: chennai Page 3 of about 253 results (0.338 seconds)

The Coimbatore Athar Jamath, an Association Registered Under the Socie ...

Court : Chennai

Reported in : (1987)2MLJ438

..... at sunnel, and declaring that they held the property upon trust, in substance, for the madrassa. the appellant therein was called upon to deliver accounts under section 3, mussalman wakf act, and because he failed to do so, the prosecution was launched against him. one of the questions which was considered by a division bench of the high court ..... provision of the scheme. they will be referred to whenever necessary.2. on 3-6-1959, the tamil nadu wakf board published a notification under section 5(1) of the wakf act, declaring the suit properties as wakf properties. challenging the validity of the said notification, the plaintiff herein filed a suit o.s.no. 86 of 1960 on the file ..... the resolution passed by the members. if the resolution is only to ratify or approve of the order passed by the chairman, that cannot be valid in law. section 14 of the wakf act provides that all questions which came before any meeting of the board shall be decided by a majority of votes of the members present, and .....

M.A. Namazie Endowment Vs. Commissioner of Income-tax

Court : Chennai

Reported in : (1988)69CTR(Mad)117

..... business of manufacture, sale and distribution of pharmaceutical, medicinal and other preparations was neither charitable nor religious in character and the trustees could, under the deed, validly spend the entire income of the trust on that non-charitable object, the trust property was not held wholly for religious or charitable purposes within the meaning ..... to be one for charitable purposes within the meaning of the said section. 3. after the passing of the muslim wakfs act, 1954 (central act xxix of 1954), the board of wakfs included the assessee-wakf in the list of wakfs published in the fort st. george gazette, madras, dated may 20, 1959, in exercise of the powers conferred ..... may, in their discretion, think best. (d) twenty per cent. shall be applied by the mutawallis for the conduct of marriages and burials of poor mussalmans and for the benefit of deserving syeds as the mutawallis in their discretion select. provided always that the mutawallis shall be at liberty from time to time to .....

income-tax Officer Vs. Arihant Trust and Others

Court : Chennai

Reported in : (1995)127CTR(Mad)448; [1995]214ITR306(Mad)

..... in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including any wakf deed which is valid under the mussalman wakf validating act, 1913 (6 of 1913), receives or is entitled to receive on behalf, or for the benefit, of any person, such trustee or trustees ..... :' 5. therefore, in this case, the first respondent trust is a representative assessee on behalf of the beneficiaries of the trust. section 161(1) of the act ..... contention of the respondents/accused that the first respondent has to be treated as an individual, discharged the respondents as no offence was made out under the act. therefore, the complainant has come forward with these revisions. 3. the first respondents, messrs. arihant trust, is a private trust, formed for the .....

Commissioner of Income Tax Vs. P. Visalakshi

Court : Chennai

Reported in : (1996)130CTR(Mad)488; [1996]217ITR282(Mad)

..... ; (iv) in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise [including any wakf deed which is valid under the mussalman wakf validating act, 1913 (6 of 1913)], receives or is entitled to receive on behalf, or for the benefit, of any person, such trustee or trustees. sec. ..... to refer to some of the relevant features of an huf and to consider the effect of the provisions of s. 6 of the act on 'such family'. as observed in maume's hindu law and usage (1953 ..... hindu family under the hindu succession act and answered the contention that on the death of the father, the family became disrupted or divided and the son, the mother and the grandmother, ceased to be members of a joint hindu family. the supreme court observed : 'in order to examine the validity of this submission, it is necessary .....

Shanmugham and ors. Vs. Tamil Nadu Wakf Board, Represented by Its Spec ...

Court : Chennai

Reported in : (1999)2MLJ294

..... be utilised 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 inprasenti and for an indefinite period in future, to confer benefits on the members ..... created a wakf and the recitals in the document also established that it is only a family wakf or wakf-alal-aulad and by virtue of section 4 of the validating act, 1913, it can be coneluded ..... property. similar view has also been reiterated in v. mohamed mahib v. the madras state wakf board (1967) 1 m.l.j. 65.18. it is, therefore, clear from the aforesaid decisions as well as the provisions of the mussalman wakf validating act, 1913, there is no difficulty in coming to the conclusion that ex.a-1 has .....

Commissioner of Income-tax Vs. Muthukrishnan

Court : Chennai

Reported in : (2003)181CTR(Mad)129; [2003]260ITR526(Mad)

..... in respect of income which a trustee appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise including any wakf deed which is valid under the mussalman wakf validating act, 1913, receives or is entitled to receive on behalf, or for the benefit, of any person, such trustee or trustees will be ..... the representative assessee. section 161 of the act sets out the extent of liability of the representative assessee. section 161(1) of the act provides that,'every ..... accordance with law ? 2. whether, the appellate tribunal's view that the share of the beneficiaries are clearly known and determinate is reasonable, supported by valid material and sustainable in law ? 3. whether the appellate tribunal's view that the lottery prize money and 2/3rds of the income did not accrue .....

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

..... was these contradictions which resulted in the passing of the mussalman wakf validating act, 1913 defining the term wakf to mean 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, thereby giving wider meaning to the word wakf.15.7. thereafter, the mussalman wakf act, 1923 was enacted calling the mutawallis to account before ..... valid and operative. since the district judge had no machinery to give effect to the obligation of mutawallis to submit audited accounts as per the mussalman wakf act, 1923, various state governments have enacted laws, viz., bengal wakf act, 1934, u.p.muslim wakfs act, 1936, bihar wakf act, 1947, and in bombay they had the central act, 1923 amended in 1935 by the mussalman wakf (bombay amendment) act, 1935.15.8. since the mussalman wakf act .....

M.H.Jawahirullah Vs. Government of Tamil Nadu

Court : Chennai

..... writ petition (civil) no.12501 of 2005 (17.11.2006), the constitutionality of section 14 of wakf act was challenged and those writ petitions were dismissed upholding the validity of section 14 of wakf act and therefore, provision of section 14 of the act cannot be said to be unconstitutional.63. by perusal of the decision in air 199.karnataka 112 ..... wise in delhi high court in w.p.no.1201 of 2005 (17.11.2006), the constitutional validity of section 14(1)(d) of wakf act, 1995 was under challenge. even though the constitutional validity of section 14(1)(d) of the act was upheld, having regard to the submissions made by the writ petitioner, we have proceeded to consider ..... , 33, 38, 61, 64, 69, 70, 71, 72 and 96 of wakf act, 1995. but the learned counsel for petitioner thereon restricted the arguments regarding constitutional validity of section 14(1)(b) of the act and did not argue with respect to the validity of other sub-sections. like wise in air 200.gujarat 252 (maulana kureshi gulam mustafa .....

M.R. Ry. Manavikrama Raja Avergal, the ZamorIn of Calicut Vs. Thattama ...

Court : Chennai

Reported in : 131Ind.Cas.19

..... exists. the board itself did not exercise the power of appointing additional trustees in this case and, therefore, the question whether such power if exercised would have been valid does not arise at all. so far as the court is concerned the question does not arise as we do not think this a fit case to appoint new ..... the board in respect of all religious endowments. chapter v relates to ordinary temples and chap. vi to maths and excepted temples like guruvayur. the policy of the. act as seen from a comparison of these chapters is to place maths and excepted temples in normal conditions under much less direct and detailed interference from the board in matters ..... mentioned. the zamorin having thus got an unlooked for advantage over the namboori was in no mood to part with it. by this time the hindu religious endowments act had come into force and certain worshippers who wished to take advantage of its provisions applied to the religious endowment board to hold an enquiry and settle a scheme. .....

Abdul Majid Said (Died) and ors. Vs. Ramiza Bivi Sahiba (Died) and ors ...

Court : Chennai

Reported in : 131Ind.Cas.153

..... were also directed to pay rs. 750 the value of the improvements effected on the property.2. in second appeal it is not argued that the alienation is valid nor is it seriously argued that the plaintiffs are not bound to pay the value of the improvements; what is strongly contended is that the lower courts should not ..... favourable colour on the transaction.' in doulatuddin v. dhaniram chutia 32 ind. cas. 804 the learned judges declined to apply sections 38 and 41 of the specific relief act because as they pointed out there was 'neither cancellation of any document nor decision of a contract.' in that case the suit by the plaintiff was for compelling the ..... observations of their lordships are relevant in this connection:another enactment relied upon as a reason why the mortgage money should be returned, is section 41 of the specific relief act (i of 1877) which is as follows : 'section 41. on adjudging the cancellation of an instrument, the court may require the party to whom such relief is .....