Court : Gujarat
Reported in : AIR1962Guj128; (1962)0GLR269
Desai, C.J. 1. This Special Full Bench has been constituted in order to consider the question relating to the binding nature of the judicial precedents of the Bombay High Court prior to 1st May, 1960, on this High Court. This very matter was considered by a Full Bench of three Judges of this Court including the then Chief Justice in the case of Anand Municipality v. Union of India, reported in : AIR1960Guj40 . Later on, a Division Bench of this Court consisting of Mr. Justice Raju and Mr. Justice Bakshi found it difficult to accept the view expressed by the Full Bench in the aforesaid case and made a request for referring the question to another Full Bench for a re-consideration of the matter. It was held by the Full Bench of this Court in the aforesaid case of (1960) 1 Guj LR 82 : (AIR 1960 Gujarat 40) (FB) that the judicial precedents of the Bombay High Court prior to the 1st of May, 1960, i. e., the day on which the State of Gujarat came into being fell within the ambit of the words...
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All364
..... cal 619 (pc), where it was held that if the primary object of the wakf was the aggrandisement of the family and the gift to charily was 'illusory, the wakf for the benefit of the family would be invalid and no effect could be given to it. the act was passed to remove this difficulty and to validate all private wakfs made for the benefit of the family. the relevant portion of section 3 of the act is as follows: '3. (1) it shall be lawful for any person professing the musalman faith to create a wakf which in all other respects is in accordance with the provisions of mussalman law for, the following among other purposes: '(a) for the maintenance and support .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal295,66CWN176,[1962]46ITR953(Cal)
..... is of considerable assistance. the relevant provision is contained in sub-section (1) which runs as follows:-'in the case of income, profits or gains chargeable under this act which ............. anytrustee or trustees appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including the trustee or trustees under any wakf of deed which is valid under the mussalman wakf validating act, 1913), are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such ....... trustee or trustees, in thelike manner and to the same amount as it would be leviable upon and recoverable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1722; [1963]1SCR20
..... existence at the expiration of that period, and to whom, if he attains full age, the 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 the waqi generation after generation.' i am unable to accept this view of the matter. ..... high court. 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 12 of the act. the high court however further held that even though the wakf deed failed as a deed creating a wakf, the directions contained in it for the payment of maintenance allowance and right of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal468,66CWN651
..... charitable or religious nature. now the wakf validating act, 1913 does not declare that such a provision is of a religious or charitable nature; on the contrary section 3 of the act suggests that the purpose of such a provision is neither religious nor charitable. the decisions of the privy council authoritatively establish that the maintenance and) support of the wakil's family, children and descendants is not a religious or charitable object according to mussalman law. neither the wakf validating act 1913 nor the shariat act 1937 override the privy council ..... decisions on this point, see syed mohiuddin ahmed v. sofia khatun : air1940cal501 . in this background we have to interpret (sections 6(1)(i) of the west bengal estates acquisition act 1953 read with sections 2(c) and 2(n) of the west .....
Tag this Judgment!Court : Kolkata
Reported in : [1963]48ITR276(Cal)
..... , who in fact manages property on behalf of another) appointed by or under any order of a court, or any trustee or trustees appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including the trustee or trustees under any wakf deed which is valid under the mussalman wakf validating act, 1913), are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such court of wards, administrator-general, official trustee, receiver or manager or trustee or trustees, in the like manner and to the same amount as it would .....
Tag this Judgment!Court : Kolkata
Reported in : [1963]50ITR480(Cal)
..... who in fact manages property on behalf of another) appointed by or under any order of a court, or any trustee or trustees appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise including the trustee or trustees under any wakf deed which is valid under the mussalman wakf validating act (1913) are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such court of wards, administrator-general, official trustee, receiver or manager or trustee or trustees, in the like manner and to the same amount as it would .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad247; (1963)IMLJ281
Ramachandra Iyer, C.J.1. The sole question that arises for determination in this appeal against the judgment of Rajagopalan, J. is whether an order of the Wakf Board constituted under Act XXIX of 1954 (The Wald Act, 1954) granting permission to certain relators to institute a suit, can be regarded as amounting to the performance of a quasi judicial duty so as to be subject to the jurisdiction of this Court under Article 226 of the Constitution. The learned, judge (his judgment is reported in Abdul Kasim v. Mohamad Dawood, : AIR1961Mad244 has answered that question in the negative. Hence this appeal.2. The appellants are three among the six trustees of Annural Muhammadiyah Madarsa Trust which is being administered under a scheme framed by this Court. Respondents .1 to 7 to this appeal claiming to be interested in the institution and complaining of breaches of trust on the part of the trustees and also alleging that directions of the Court were necessary to amend the existing scheme appr...
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal570
..... answers the description of a trustee as qualified in section 41 then he is already included. secondly, this argument fails to notice the history and language of introduction of the mussalman wakf validating act in section 41 of the income-tax act. the language is:'including the trustee and the trustees under any wakf deed which is valid under the mussalman wakf validating act, 1913.'therefore, the mutwalis or trustees under the wakf deed were brought in as 'including'. they had to be expressly included because wakf deeds were held to be bad according to the strict mohammadan law where any personal benefit in the shape of maintenance and support of a mohemadan founder .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1964Bom96; (1963)65BOMLR647
..... goes out of the family, i am not persuaded to give a restricted interpretation to the word 'family' 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 flexibility and is capable of many different meanings according to the connection in which ..... qua landlord as one tenant, if each of these joint tenants had an interest in the whole of the leasehold, if the acts of 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 and joint interest inter se .....
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