Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: old Year: 1943 Page 1 of about 26 results (0.315 seconds)

Syed Shah Maidal Islam and ors. Vs. Commissioner of Wakfs and ors.

Court : Kolkata

Reported in : AIR1943Cal635

..... under the hanafi law in favour of the wakif himself first, and then for other objects.18. the above will help the determination of the policy of the mussalman wakf validating act 1913 and it seems that the description of persons given in its section 3(a) was intended to cover all these persons. i thus feel inclined to ..... were of opinion that the word 'family' was intended to be used in section 3(a), mussalman wakf validating act, 1913, in a very large and extensive sense. the learned judges observed:the policy of the act was to validate the creation of a wakf in perpetuity in favour of persons who happened to be the members of the family according to ..... opinion the word 'family' as used in bengal act 13 of 1934 bears the same meaning as in the mussalman wakf validating act. ameer ali in his mahomedan law, vol. i, chapt. 7 gives the origin of wakf thus:historically its origin is traced to the direct prescriptions of the prophet. the validity of wakfs, says the ghait ul bayan, is founded on .....

FazlhusseIn Sharafally Vs. Mahomedally Abdulally Sassoor

Court : Mumbai

Reported in : AIR1943Bom366; (1943)45BOMLR614

..... as i have mentioned, the settlor and all the trustees and other parties were mahomedans of the shia sect, and under the mussalman wakf validating act of 1930 the reservation of a life interest in favour of the settlor under a wakf made by a shia mahomedan is impliedly prohibited. it is not disputed in this case that the effect of reserving a life ..... exists at all, is based on estoppel, that estoppel cannot be good against a statute, and that to debar the defendants from challenging the trust would be to defeat the wakf validating act of 1830. i doubt whether the principle is based upon estoppel, in the strict sense, as a mere rule of evidence. it seems to me that the rule that ..... the learned judge that if the deed falls within the definition of 'wakf', given in the act of 1913, (as it does), and if the effect of the act be to render the wakf void because of the reservation to the settlor of a life interest, it cannot be rendered valid by calling it by another name. it seems to me that the .....

Tyebhoy Essofalli Thingna Vs. the Collector

Court : Mumbai

Reported in : AIR1944Bom91; (1943)45BOMLR1055

..... that at least half the income of the trust does not fall within the scope of section 3 of the mussalman wakf validating act, 1913, and that part of the wakf, therefore, comes under the operation of the mussalman wakf act, 1923, is correct, and i see no reason to interfere with that interpretation in revision. the order calling ..... . as observed by mitter j. in ali bakhtiyar v. khondkar altaf hussain i.l.r. (1933) cal. 790, section 3 of the mussalman wakf validating act, 1913, applies to wakfs, which are in the nature of family settlements pure and simple, where the ultimate benefit is expressly or impliedly reserved for the poor or for ..... district judge of ahmedabad called upon the petitioner to pay a contribution towards the wakf administration fund. the petitioner made an application contending that the wakf was such as is described in section 3 of the mussalman wakf validating act, 1913, and, therefore, the mussalman wakf act of 1923 was not applicable to it, and also that he had already .....

Dewan Anwar Reza Choudhury Vs. Dewan Hachinur Reza Choudhury Through M ...

Court : Kolkata

Reported in : AIR1945Cal189

..... express or implied ultimate gift reserved for the poor or for pious, religious or charitable objects. in my opinion the decision of the court below that the wakfs fail both under the wakf validating act of 1913 as also under the law prior to it, is correct.3. as to the second contention that the provisions for payment of allowances etc., ..... should have been given effect to, as being in the nature of a trust, i am unable to agree that upon the failure of the wakf the transaction could ..... be valid being outside the scope of mahomedan law.4. in the present case before us, the allowances are not founded upon any contract or family arrangement they must therefore fall to the ground along with the wakfnamahs. in the above view of the matter, the broad question whether annuities or life estates can be created by sunni mussalmans .....

Hirabayashi Vs. United States

Court : US Supreme Court

..... obvious protection against the perpetration of sabotage most readily committed during the hours of darkness. if it was an appropriate exercise of the war power, its validity is not impaired because it has restricted the citizen's liberty. like every military control of the population of a dangerous zone in war time, it ..... i think that the military arm, confronted with the peril of imminent enemy attack and acting under the authority conferred by the congress, made an allowable judgment at the time the curfew restriction was imposed. whether such a restriction is valid today is another matter. in voting for affirmance of the judgment, i do not wish ..... the executive order -- the necessity of protecting military resources in the designated areas against espionage and sabotage. and, by the act, congress gave its approval to that standard. we have no need to consider now the validity of action if taken by the military commander without conforming to this standard approved by congress, or the .....

Parker Vs. Brown

Court : US Supreme Court

..... . olsen v. smith, 195 u. s. 332 , 195 u. s. 344 -345; cf. lowenstein v. evans, 69 f. 908, 910. validity of the program under the agricultural marketing agreement act the agricultural marketing agreement act of 1937, 50 stat. 246, 7 u.s.c. 601 et seq., authorizes the secretary page 317 u. s. 353 of agriculture to issue ..... to respondent's business and threatened prosecutions by reason of his having marketed his crop under the protection of the district court's decree. validity of the prorate program under the sherman act section 1 of the sherman act, 15 u.s.c. 1, makes unlawful "every contract, combination . . . or conspiracy, in restraint of trade or commerce among the ..... to secure funds to finance pool operations and make advances to growers. appellee's bill of complaint challenges the validity of the proration program as in violation of the commerce page 317 u. s. 349 clause and the sherman act; in support of the decree of the district court, he also urges that it conflicts with and is .....

Ritendrakanto Lahiri Chaudhury and anr. Vs. Dhirendrakanto Lahiri Chau ...

Court : Kolkata

Reported in : AIR1943Cal193

..... 1876, for opening a separate account for their saham of the touzi, and in that application also added a prayer for apportionment of the cess under section 44, cess act, (act 9 of 1880). on this application the separate account case no. 172 of 1936-37 was started. the plaintiff did not appear in that proceeding. on 29th june ..... khas by the government and proportionate' revenue of rupees 9-15-5 was deducted therefor. on the same date the collector made an order under section 44(3), cess act, (act 9 of 1880) determining the cess payable in the applicants' (the present defendants 1 and 2) share to be rupees 3746-15-0 only out of the total ..... whether that state of facts exists, and if they exercise the jurisdiction without its existence, what they do may be questioned, and it will be held that they have acted without jurisdiction. but there is another state of things which may exist. the legislature may entrust the tribunal or body with jurisdiction, which includes the jurisdiction to determine .....

Gopal Das Vs. Sri Thakurji

Court : Mumbai

Reported in : (1944)46BOMLR220

..... bindeshri on behalf of her husband's estate and so as to bind his reversioners. this compromise was referred to in the plaint, which attacked it as having no validity against the plaintiffs.5. from petitions made by manki bahu to the agent of the governor general in the years 1860 and 1871, she is seen to have ..... defendants for the admission of secondary evidence.' it was contended by sir thomas strangman for the respondents that the receipt comes withinpara 2 of section 74 of the indian evidence act and was a 'public document'; hence under section 65 (e) no such foundation is required as in cases coming within clauses (a), (b) and (c) of that ..... , the agreement of compromise of may 27, 1896, mentioned in the plaint and produced by the plaintiffs (exhibit xiv). whatever criticism the plaintiffs may have upon bindeshri's acts, their mother sohan bibi as presumptive reversioner had in her suit of 1906 failed to resist this receipt being held proved. in that case girja prasad, the scribe of .....

Gopal Das and Another Vs. Sri Thakurji and Others

Court : Privy Council

..... on behalf of her husband's estate and so as to bind his reversioners. this compromise was referred to in the plaint, which attacked it as having no validity against the plaintiffs. from petitions made by manki bahu to the agent of the governor-general in the years 1860 and 1871, she is seen to have claimed ..... the evidence. it is a view which is only rendered possible by the rejection of the receipt-a course by which the learned judges disabled themselves from appreciating the acts and conduct of the parties. their lordships think it proved that after 1881 manki throughout her life was in adverse possession of the properties in suit, standing strictly ..... the agreement of compromise of 27th may 1896, mentioned in the plaint and produced by the plaintiffs (ex. 14). whatever criticism the plaintiffs may have upon bindeshri's acts, their mother sohan bibi as presumptive reversioner had in her suit of 1906 failed to resist this receipt being held proved. in that case girja prasad, the scribe of .....

C. J. Hendry Co. Vs. Moore

Court : US Supreme Court

..... rem, as used in the admiralty courts, is not a remedy afforded by the common law." the considerations of policy which underlay this interpretation of the judiciary act were attributed to justice story: "the admiralty jurisdiction," says mr. justice story, "naturally connects itself, on the one hand, with our diplomatic relations and ..... ." 4 cranch 449. the court rejected entirely the argument of the counsel, held the betsey and charlotte indistinguishable from la vengeance, and interpreted the judiciary act to mean that congress had placed forfeitures "among the civil causes of page 318 u. s. 159 admiralty and maritime jurisdiction." la vengeance was held ..... admiralty courts, or concurrently in either. in repeated decisions relating to forfeitures under federal laws, this court, within a few years of the adoption of the judiciary act of 1789, held that forfeiture jurisdiction was exclusively in the admiralty courts. the leading case for this proposition is la vengeance, 3 dall. 297, 300 [ .....