Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: old Year: 1953 Page 1 of about 24 results (0.276 seconds)

Mahammad Nassair Vs. Mahammad Yusuf and ors.

Court : Kolkata

Reported in : AIR1954Cal524

..... his family but also of distant kindred the ultimate gift to charity must be held to be more remote than was allowed under section 4 of the mussalman wakf validating act. the provisions of the wakf-al-aulad which were the subject-matter of scrutiny in -- : air1940cal501 provided for the postponment to charity till after the failure of the heir, ..... lifetime and also their descendants. the repairs to such property, therefore, whilst the houses are in the occupation of individuals cannot be considered to be a valid object of wakf. this aspect of the question had not been specifically raised or considered in the lower court and it is not possible to give a final decision ..... general of bombay v. yusuf ali ebrahim', air 1921 bom 338 (c) have been held to be valid objects of a wakf. such a. purpose will be considered, to be 'religious, pious or charitable' under clause 2(1) of the wakf act also.14. there is no dispute between the parties that the properties included in schedule 'ka' are admittedly .....

Khalil Ahamad Khan Vs. Malka Mehar Nigar Begum and ors.

Court : Allahabad

Reported in : AIR1954All362

..... for the benefit of mankind'. (balilie, pages 557, 558. hedaya, 231, 234.) under the mussalman wakf validating act, 6 of 1913, waqf means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable. a waqf 'inter vivos' is completed, according to abu ..... the right to remove the mutwalli. and according to abu yusuf delivery of possession to a mutwalli is not necessary to validate a wakf and consequently he retains the supervision (vilayat) of the wakf property and can remove the mutwalli. in this matter the difference between the learned is due to this.'81. another note ..... be said at the outset that abu yusuf's objective was to facilitate the creation of wakfs and to validate them as far as possible while imam mohammad, though he too upheld wakfs, always attempted to reconcile the rule relating to wakfs with the principles relating to other subjects, e.g. gifts, ownership of property, etc .....

The Province of Bombay Vs. the Municipal Corporation of Ahmedabad

Court : Mumbai

Reported in : AIR1954Bom1; (1953)55BOMLR670; ILR1953Bom1081

..... fixed his yearly salary at 250, proceeded to appoint him assistant overseer to execute the duties and receive the salary fixed by the inhabitants.doubts having arisen as to the validity of this appointment, the local government board in 1915 made an order substituting for art. vi of their order of 1896 the following:'(1) nothing in this order shall ..... binding on him and for possession and mesne profits, it was held by their lordships of the privy council that the question of the validity of the 1909 grant in view of section 12a of the act of 1876 having been directly and substantially in issue and decided in the maintenance suit, in which the similarity of the parties to those ..... two maintenance grants of 1909 and 1920 were illegal and invalid and not binding on him. it was held that the question of the validity of the 1909 grant in view of section 12a of the act of 1876 having been directly and substantially in issue and decided in the maintenance suit, and of the parties being the same or .....

Chandrasekhar Praharaj and ors. Vs. Pitambari Dibya

Court : Orissa

Reported in : AIR1953Ori315

..... praharaj constituted his self-acquisitions or were the joint family properties belonging to the plaintiffs and praharaj; and 2. whether the sale deeds in favour of the defendant are valid and binding upon theplaintiffs. the contention is that these deeds are not supported by consideration and that there was no intention to transfer title expect on receipt of consideration ..... presence of the sub-registrar. now i am free from a great burden of anxiety'. these entries were admitted in evidence under section 32(3) of the evidence act on the ground that they are against the pecuniary interest of the rai bahadur when they were made by him and are receivable in evidence in favour of his ..... she treated the matter in her written statement. incidentally it may be observed that the case went up before the board irom burma where the transfer of propeny act was not in force at that time. in the second case relied on by learned counsel all that their lordships observed was that the proper course will be .....

K.C. Gajapati Narayana Deo and ors. Vs. the State of Orissa

Court : Orissa

Reported in : AIR1953Ori185

..... on legislative powers of both those bodies. the provisions of part iii dealing with fundamental rights impose further limitations on their legislative power. the constitutional validity of an act can, therefore, be challenged either on the ground that the statute contravenes the fundamental rights guaranteed by the constitution or else that it is beyond ..... the following dictum in '(1931) a c 310 at p. 317 (zi5)' has been relied on:'their lordships entertain no doubt that time,alone will not validate an act which, whenchallenged, is found to be ultra vires, norwill a history of gradual series of advancestill the boundary is finally crossed avail toprotect the ultimate encroachment.'this ..... estates as affecting the calculation of gross assets. these arguments may now be taken up for consideration seriatim.8. (i). 'the objections to the validity of the act as a whole':-- the main contention in this respect is based on the assumption that what has in fact been decided by the supreme court is .....

C.D. Deviah and anr. Vs. Karigowda

Court : Karnataka

Reported in : AIR1954Kant128; AIR1954Mys128

..... that when out of two joint brothers one of them renounced his interest, the question whether the two brothers really intended to separate depends not merely on the act of format renunciation but from the intention as gathered from their conduct and that where a joint brother renounced his interest in the joint property, the person renouncing ..... purchases in favour of the family of himself and the plaintiff. a clear intention to waive such separate rights is required to be established and cannot be inferred even from acts which may have been done merely from kindness or affection or by mere physical mixing of the ancestral and self-acquired properties; see -- '50 mys hcr 177 (d ..... the same was contributed from the family chest or from the sale or mortgage of any family properties. section 6(1) of the hindu law women's bights act provides that property acquired by a member of a joint hindu family without material and direct aid from property belonging to the joint family shall be deemed to be .....

Brown Vs. Allen

Court : US Supreme Court

..... would entitle the applicant to relief. care will naturally be taken that the frequent lack of technical competence of prisoners should not strangle consideration of a valid constitutional claim that is bunglingly presented. district judges have resorted to various procedures to that end. thus, a lawyer may be appointed, in the ..... been expected that, if congress intended a reversal of this traditional concept of habeas corpus, it would have said so. however, this one sentence in the act eventually was construed as authority for federal judges to entertain collateral attacks on state court criminal judgments. [ footnote 4/4 ] whatever its justification, it created ..... state's response to the application as a motion to dismiss, the court properly granted that motion. discharge from conviction through habeas corpus is not an act of judicial clemency, but a protection against illegal custody. the need for argument is a matter of judicial discretion. all issues were adequately presented. there .....

Krishnaji Ramchandra Vs. Raghunath Shankar and anr.

Court : Mumbai

Reported in : AIR1954Bom125; (1953)55BOMLR741; ILR1954Bom187

..... sympathy. the plaintiff had, i think, sufficient opportunity to correct what was initially a mistake, but the mistake was persisted in. if that is so, i do not see any valid ground for depriving the defendants of the costs of these two appeals.14. the result is that s. a. no. 601 of 1950 fails and the same will be dismissed .....

Simrathmull and anr. Vs. Jugraj and anr.

Court : Chennai

Reported in : AIR1954Mad334; (1953)2MLJ354

..... defendant was not a judgment as the order merely regulated the procedure in the suit. but it was further held that it was open to the defendant to canvass the validity of the order under section 105, c. p. c. when he appeals against the decree, the decision in -- 'madanlal lachmandas v. kedarnath', a. j. r. 1930 bom 364 at ..... the same to the list of short cause suits. this he did evidently because he realised that treated as a summary suit it was barred under article 5, limitation act.both the applications were heard together by mulla j. who allowed the plaintiff's application and directed that the suit be removed from the list of summary suits and that ..... )' where it was held that an appeal from an order of a judge at chambers giving leave under the mental treatment act of 1930 to bring an action against the orders of a certified institution under the mental deficiency act was an appeal in a matter of practice and procedure and therefore lay to the court of appeal).6. following the .....

Poppatlal Shah Vs. the State of Madras

Court : Supreme Court of India

Reported in : AIR1953SC274; 1953CriLJ1105; (1953)IMLJ739(SC); [1953]4SCR677

..... sale where property in the goods sold passes outside the province. 6. the first contention appears to us to be unsustainable. section 100(3) of the government of india act, 1935, upon which mr. somayya relied and which corresponds to article 246(3) of the constitution runs as follows : 'subject to the two preceding sub-sections, ..... the appeal, are of a two-fold character : the learned counsel has argued in the first place that the provincial legislature functioning under the government of india act, 1935, was constitutionally incompetent to enact a legislation of this character which according to the interpretation put upon it by the high court is capable of operating on ..... at the time when the transaction took place. if in the madras sales tax act the basis adopted for taxation is the location of the place of business or of the goods sold, within the province of madras, undoubtedly it would be a valid piece of legislation to which no objection on constitutional grounds could be taken. the .....