Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: old Year: 1934 Page 1 of about 16 results (0.231 seconds)

C. Kunhamutty Vs. Thondikkodan Ahmad Musaliar and ors.

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 .....

S. Afzal HusaIn Vs. Chhedi Lal and ors.

Court : Allahabad

Reported in : AIR1935All792

..... that it has not been shown that the wakfnama was a fictitious or fraudulent document and we consider that, it complied with the provisions of the mussalman wakf validating act (6 of 1913) and that it is valid. a further objection was taken in regard to accumulation of income. it was provided in para. 4 of the wakfnama that after paying off ..... fictitious and invalid and executed merely to avoid payment of dues to creditors and to practise fraud upon present and future creditors and was not intended as a valid wakf, that the plaintiff had borrowed the amounts set out in para. 4 of the plaint and had represented to defendant 1 that the plaintiff wanted to go ..... paying defendant 1. on issue 6 he found that chhedi lal was not estopped from, disputing the validity of the wakf and that the deed of wakf was fictitious. on issue 7 he found that the wakfnama was void under section 53, t.p. act, as being made to defeat the mortgagees and subsequent creditors. the suit was therefore dismissed by .....

Chaudhari S. Afzal HusaIn and After His Death Chaudhari Syed Iqbal Hus ...

Court : Allahabad

Reported in : 155Ind.Cas.791

..... it has not been shown that the waqfnama was a fictitious or fraudulent document and we consider that it complied with the provisions of the mussalman waqf validating act (act vi of 1913) and that it is valid. a further objection was taken in regard to accumulation of income. it was provided in para. 4 of the waqfnama that after pawng off ..... chhedi lai, defendant no. 1?(6) is chhedi lai, defendant no. 1 estopped from disputing the validity of the deed of january 18, 1919? if not, is the said deed fictitious?(7) does section 53 of the transfer of property act vitiate the deed of january 18, 1919?8. the learned subordinate judge has held on issue no. ..... . the lower court has held that the plaintiff was estopped from denying the validity of the supurdnama. that estoppel is claimed under the general law of estoppels in section 115 of the evidence act which provides that when one person has by his declaration, act or omission intentionally caused or permitted another person to believe a thing to be .....

Kalekhan Mahmadkhan Vs. Karim Rehman Malik

Court : Mumbai

Reported in : AIR1935Bom207; (1935)37BOMLR207

..... no court is mentioned, it may be tried by any court constituted under the code by which the offence is shown in the second schedule to be triable. in the mussalman wakf validating act there is a definition of 'court' in section 2 (b). it means as a rule the court of the district judge, but in section 10 itself, as i ..... broomfield, j.1. the question for decision is whether the district judge has power to impose a fine under section 10 of the mussalman wakf validating act, xlii of 1923. the section is silent as to the tribunal by which the penalties therein referred to are to be imposed. it merely says that any ..... word 'offence' appears in section 10. 'offence' is defined in the criminal procedure code. there is no reason to suppose that it was intended to have a different meaning in this act than in the criminal procedure code, and, therefore, according to the view taken by the learned judges, the proceedings under section 10 must be regarded as ordinary criminal proceedings. reliance was .....

New Jersey Vs. Delaware

Court : US Supreme Court

..... evidence, that the letters patent so delivered "were never thereafter surrendered, nor was the grant of lands and waters thereby made ever abandoned, nor was its validity ever impaired by any act or proceeding." by force of this grant, there passed to the duke of york a title to the land within the circle which inured by estoppel to ..... the "said province and territories," and revoking any other appointment inconsistent therewith. page 291 u. s. 370 this patent, it would seem, had settled for all time the validity of his exercise of governmental powers, however much it may have left in doubt his title to the land. mutterings of uncertainty, however, continued to be heard as to his ..... any manner to diminish "her majesty's claim of right to the said three lower counties." but the claims of right thus reserved were never admitted by penn to be valid, nor were they ever pressed by the crown. not even the petitions of jealous rivals, egging the crown on, were of avail to wake it into action. thus, .....

Jagar Nath Gir Vs. Sher Bahadur Singha and anr.

Court : Allahabad

Reported in : 153Ind.Cas.1078

..... of blood relationship or on account of the woman being already married, any union between the two was recognised as a valid marriage. indeed, besides, eight different forms of marriage there were numerous other forms of marriage, rendered valid by custon like karao, sagai etc. to these may now be added marriages recognised by statute. four of these were ..... the learned judges say,we cannot find amongst the authorities and texts cited to us any sure principle to guide us in this case. under these circumstances, we must act on the principles of equity and good conscience.42. there is abundant authority, therefore, in the decided cases for the contention that in the absence of clear text and ..... of hell (put), and there was, therefore, an inordinate desire amongst the hindus of old that a son should be borne who would be capable of performing this act of deliverance. manu gives full expression to this longing when he says:by a son a man obtains victory over all people, by a son's son he enjoys .....

Nebbia Vs. New York

Court : US Supreme Court

..... within the state's competency. [ footnote 29 ] page 291 u. s. 529 legislation concerning sales of goods, and incidentally affecting prices, has repeatedly been held valid. in this class fall laws forbidding unfair competition by the charging of lower prices in one locality than those exacted in another, [ footnote 30 ] by giving ..... will a single county suffice? how many farmers must have been impoverished or threatened violence to create a crisis of sufficient gravity? if, three days after this act became effective, another "very grievous murrain" had descended, and half of the cattle had died, would the emergency then have ended, also, the prescribed rates? ..... end in view" "conflicts with views of constitutional rights accepted since the beginning. an end, although apparently desirable, cannot justify inhibited means. moreover the challenged act was not designed to stimulate production -- there was too much milk for the demand, and no prospect of less for several years; also, 'standards of .....

Chotey Lall Vs. Ganpat Rai and anr.

Court : Allahabad

Reported in : AIR1934All590; 150Ind.Cas.411

..... of the fact that the property has become vested in other coparceners, some of whom are not personally liable to discharge the debt. but there seems to be no valid ground for drawing any such distinction. the pious obligation of the son to discharge his father's debt must subsist in both cases. if the undivided interest of the ..... the authorities which they then considered. for example, a transfer may be upheld not only on the ground of legal necessity but also if the transferee proves that he bad acted in good faith and had taken the transfer after having made adequate enquiry as to the existence of legal necessity. it has been held, at least in this court, ..... of the hindu son to pay the debt even out of his own property was at one time enforced which necessitated the enactment of the hindu liability for ancestors debts act (1866). in these provinces however the 'liability does not appear to have been enforced except as against the joint property. dr. jha in his learned treatise on hindu .....

Bisheshwar Pratap Sahi Vs. Parath Nath

Court : Mumbai

Reported in : (1934)36BOMLR1179

..... the main ground of the application was that musammat chhunni had no more than a life interest in the said property, that on her death the question of the validity of the deed of relinquishment became immaterial, that her life interest vanished with her death, and that the plaintiffs were entitled to a declaration that the properties in ..... for review.23. musammat dulhin appealed to the high court, and one of the grounds appeal was that the suit was rightly dismissed and that the sub-ordinate judge acted erroneously in reviewing his judgment.24. judgment in the appeal was delivered on april 30, 1930. the learned judges dealt with the question whether musammat dulhin, having ..... 1923, was without consideration, that it was fraudulent, null and void, and that it was contrary to the provisions of sections 52 and 53 of the transfer of property act.17. the subordinate judge, who tried the suit, by his judgment delivered on december 22, 1924, held that the said deed was on the face of it fictitious .....

Bisheshwar Pratap Sahi and Another Vs. Parath Nath and Another

Court : Privy Council

..... main ground of the application was that mt. chhunni had no more than a life interest in the said property, that on her death the question of the validity of the deed of relinquishment became immaterial, that her life interest vanished with her death, and that the plaintiffs were entitled to a declaration that the properties in suit ..... for review. mt. dulhin appealed to the high court, and one of the grounds of appeal was that the suit was rightly dismissed and that the subordinate judge acted erroneously in reviewing his judgment. judgment in the appeal was delivered on 30th april 1930. the learned judges dealt with the question whether mt. dulhin, having obtained a ..... 14th december 1923 was without consideration, that it was fraudulent, null and void, and that it was contrary to the provisions of ss. 52 and 53, t. p. act. the subordinate judge, who tried the suit, by his judgment delivered on 22nd december 1924, held that the said deed was on the face of it fictitious and fraudulent .....