Court : Allahabad
Decided on : Mar-11-1941
Reported in : AIR1941All235
..... it may include work which may not be of a permanent character and which may not be religious, pious or charitable within the meaning of the proviso to section 3, mussalman wakf validating act, 1913. if this is a correct interpretation of the word kare khair the trust clearly falls within the class of cases of which morice v. bishop of durham (1805 ..... is used in the narrower sense of khairat it will be a good trust. so far as the question of specification of objects required by the proviso to section 3, mussalman wakf validating act of 1913 is concerned, judicial authority is somewhat conflicting. in ramzan v. mt. rahmani ('32) 19 a.i.r. 1932 oudh. 71 a bench of the oudh chief ..... discretion to the court and to the mutwalli to administer the trust. in this view of the matter, the condition laid down in the proviso to section 3, mussalman wakf validating act, has not been duly complied with and the waqf fails for uncertainty.18. two other objections were entertained by the trial court as to the .....
Tag this Judgment!Court : Kolkata
Decided on : May-20-1941
Reported in : AIR1942Cal180
..... far as to suggest that the wakif was in fact making a settlement for life upon himself in contravention of the shia law and of section 8 (b), mussalman wakf validating act, 1913. abadi begum v. kaniz zainab has already been noticed. it is sufficient to say here that in that case the wakif by the principal waqfnama reserved ..... 90) 17 cal. 498 and balla mal v. ata ullah khan in the former case, which was decided before the passing of the mussalman wakf validating act, 1913, property bearing a considerable income was made wakf by a deed which directed that a mosque in a dwelling house belonging to the wakif and two small madrassahs also in the wakif's ..... in shia law.fourthly-as the ultimate gift over to charity does not satisfy the requirements of the proviso to section 3, mussalman wakf validating act, 1913, that act does not save the wakf from failing entirely.fifthly-the wakf, in so far as certain properties are concerned, has been made subject to the lease in saheba khatun's favour, and .....
Tag this Judgment!Court : Kolkata
Decided on : May-28-1941
Reported in : AIR1942Cal1
..... property dedicated by the wakif should be substantially dedicated to charitable purposes, and that, if it is regarded as a private wakf, it fails to comply with the provisions of the mussalman wakf validating act, 1913, to the effect that the ultimate benefit must be reserved for the poor or for some religious, pious or charitable ..... which would otherwise be invalid as opposed to the mahomedan law of succession.22. retrospective effect was given to the act of 1913 by the mussalman wakf validating act, 1930, with the result that a private wakf created by a muslim for the maintenance and support wholly or partially of his family, children or descendants would now ..... cited by the learned chief justice the judicial committee of the privy council were dealing with a wakf which had been created before the enactment of the mussalman wakf validating act, 1913. their lordships pointed out that:under the act a wakf is not rendered invalid because it appears that the main object of the settlor was to .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-14-1941
Reported in : (1942)44BOMLR256
..... nephew is a good disposition.4. it is clear that according to the law as laid down in several decisions of the privy council, prior to the mussalman wakf validating act (vi of 1913), the wakf in favour of the testator's nephew and his heirs would have been void on the ground that the ultimate disposition to charity was illusory on the ground ..... he belongs to the family of the settlor it is only if he belongs to the settlor's family that the disposition in his favour can be upheld and the mussalman wakf validating act can apply to him.9. it is common ground that defendant no. 1 did not reside in the same house as the settlor nor was he dependent for his ..... nor members of his family. i, there-fore, hold that the disposition in favour of the heirs of hoosein noor mahomed does not come within the purview of the mussalman wakf validating act and the disposition is therefore bad in law.10. mr. haindaday for defendant no. 1 has argued that the court must only look to the first beneficiary under the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-03-1941
Reported in : AIR1941Cal582
..... keyes v. keyes (1921) lrp 204 and, in view of the doubt which that decision had thrown upon the validity of decrees granted in the past by courts in india in matrimonial suits, the indian divorce 'validating act (11 and l2 geo. v. ch. 18) was enacted by the british parliament in 1921 for the purpose of ..... validating such decrees. the correct-ness of sir henry duke's decision was questioned in india by a bull bench ..... provision of personal law, marriage, dissolution of marriage, including talak, zihar, lian, jhula and mubaraat, maintenance, dower, guardianship, gifts, trusts, and trust properties, and wakfs, (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are muslims shall be the muslim personal law (shariat .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-06-1941
Reported in : (1941)43BOMLR681
..... not be allowed to defeat the plaintiff's case by alleging his own fraud. it was pointed out that the deed on which the plaintiff sued was ostensibly a valid conveyance, and it was held that the defendant could not be allowed to show that it was not what it purported to be, a conveyance on sale, by setting ..... devmani v. ravishanhar oghadbhai (1928) i.l.r. 53 bom. 321, 31 bom. l.r. 109. that is also the rule underlying section 84 of the indian trusts act. where, however, the fraudulent object is achieved, different results would follow according as the fraud is unilateral or bilateral. where the fraud is unilateral, the fraudulent party cannot be allowed ..... though apart from the decisions of the madras high court itself, the balance of authority is heavily against the view taken. to my mind, the principle, which was acted upon in sidlingappa v. hirasa, is fundamentally wrong and offends against the rule that the courtv must never allow itself to be used to assist in the perpetration of fraud .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-13-1941
Reported in : AIR1942Cal170
..... , and the form of the valuation which is set out at p. 11 of the paper book follows the form that is prescribed by section 8, indian life assurance companies act of 1912, which provides:every life assurance company shall once in every five years, or at such shorter intervals as may be prescribed by the instrument constituting the company, or .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-13-1941
Reported in : [1941]9ITR589(Cal)
..... income-tax...191 fund at december 31, 1929...776,166 1,109,452 1,109,452statement of indian life profits in accordance with the provisions of the indian income-tax act. based on a separate valuation of the indian life business.poundfund at december 31, 1929, as above.776,166valuation liability, december 31, 1929.672,147surplus to provide ..... 012fund at december 31, 19341,083,655surplus ...161,643 1,083,655 1,083,655statement of indian life profits in accordance with the provisions of the indian income-tax act. based on a separate valuation of the indian life business.poundsurplus emerging in the five years 1930-1934 . 161,643add back income-tax.35,319 interim bonus on ..... of the valuation which is set out at page 11 of the paper-book follows the form that is prescribed by section 8 of the indian life assurance companies act of 1912, which provides :every life assurance company shall once in every five years, or at such shorter intervals as may be prescribed by the instrument constituting the .....
Tag this Judgment!Court : Chennai
Decided on : Feb-14-1941
Reported in : (1941)2MLJ754
..... court accepting a third party's claim petition, held to be within time in spite of the fact that the suit instituted by the decree-holder challenging the validity of the order of the executing court had failed. this would depend on the decision as to the character and effect of the order of dismissal passed by ..... learned judges called 'ordinary parlance'. since a suit is, according to the explanation in section 3, instituted when the plaint is presented to the proper court, the act clearly draws a line between the presentation of a plaint and making an application and it cannot be obliterated unless there was something repugnant in the subject or context. ..... previous conclusions. the learned judges of the bombay court were not considering the case of a plaint at all but that of an application under the succession certificate act and had therefore no occasion to say anything about the plaint being treated as an application within the meaning of article 182. the second reason given by the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-21-1941
Reported in : AIR1941All290
..... as a matter of construction in agreement with the courts below that if there be any difficulty in favour of holding the transfer in favour of the temple to be valid the transfer was in favour of the managers and one of them, man singh, plaintiff 2, is perfectly entitled to eject a trespasser. without therefore deciding the larger question ..... . and in shankar lal v. damodar das : air1927all789 a gift in favour of sri sanatan dharam school, under the managership of lala shankar lal , plaintiffs, was upheld to be valid and the sohool through the manager was allowed to maintain action. the question however which arises in this case is a somewhat different one and it is this whether a ..... 122, t.p. act. it is far from clear that it is required in order that property may be devoted effectively to charitable purposes without the appointment of a trustee in the sense of the english law. it would seem more reasonable to uphold a gift, if made directly to a mosque and not by way of wakf, as having been .....
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