Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: old Year: 1909 Page 1 of about 1 results (0.193 seconds)

Moosa Adam Patel Vs. Ismail Moosa

Court : Mumbai

Reported in : (1910)12BOMLR169

..... object received that transaction should be classified rather under the head of sale than under the head of gift. but in the peculiarities of mahomedan law, which prescribes conditions validating each form of transfer, more than one difference is discernible. and the main difference upon which i should like to dwell, because it has a curious significance when ..... by them, undergoing rapid extension by way of fiction with a view to evading the rigour of the common law. so that it took no long time for the mussalmans of india, at any rate, to elaborate the doctrine of hiba-bil-ewaz as we now find it, and that doctrine appears to be that a gift for ..... treated as part of the proof supporting the conclusion that the alleged gift was fictitious and never intended to be acted upon. speaking generally a restrictive clause in such deeds of gift is sometimes treated as inconsistent with the legal validity of the gift as a whole, and sometimes the courts express , the view that while the gift remains .....