Court : Allahabad
Decided on : Feb-18-1957
Reported in : [1958]34ITR421(All)
..... for opinion.as mentioned by the revision board, a specific provision has been made for assessing the agricultural income of a trust governed by section 3 of the mussalman wakf validating act, 1913, commonly known as waqf-alal-aulad. prima facie, in the absence of any specific provision, the income derived from such a trust would, after distribution ..... aspect. a mutawalli of a trust referred to in section 3 of the mussalman wakf validating act, 1913, does not stand on the same footing as an ordinary trust governed by the trust act. in the case of a trust governed by the trust act the trust property as well as the income derived from the trust property vest ..... between the beneficiaries, be the income of each beneficiary and should be assessed as his income. section 9 of the agricultural income-tax act, however, lays down a special principle for assessing income derived from such a trust directing that this income shall be assessed as income of one individual. .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-18-1957
Reported in : AIR1958All38
..... 2. as mentioned by the revision board, a specific provision has been made for assessing the agricultural income of a trust governed by section 5, muslim wakf validating act, 1913 commonly known as wakf alal-aulad. prima facie, in the absence of any specific provision, the income derived from such a trust would, after distribution between the beneficiaries, be ..... other aspect. a mutawalli of a trust referred to in section 5, muslim waqf validating act, 1913, does not stand on the same footing as an ordinary trust governed by trust act. in the case of a trust governed by the trust act, the trust property as well as the income derived from the trust property vest in ..... j.1. the revision board under the agricultural income-tax act has referred the following question for our opinion :'whether an assesses should be assessed separately on the income of his personal property and the income of the wakf property held by him as a mutawalli of wakf alal-aulad or there should be one assessment of both the .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-25-1957
Reported in : AIR1958All67
..... .1. this is a plaintiffs' appeal that arises out of a suit for a declaration and accounts. sheikh amanat rasul created a waqf as permitted by the muslim waqf validating act (act no. vi of 1913), on the 25th of february 1931. by the waqf deed of that date he dedicated the property in suit in perpetuity and the waqf was described ..... to execute the supplementary deed of amendment in exercise of the reserved rights.in the supplementary deed there was no mention at all of condition (7) of the original wakf deed. the reason which amanat rasul had put forward in the supplementary deed for introducing the amendment in condition (6) is that the words he wanted to introduce had ..... has been observed by sri k.p. saxena in his well known treatise on muslim law, 1937 edition, at page 623 :'the dedicator may also validly reserve aright to use the usufruct oi the wakf property in any way he likes during his life-time, but such a condition, if imposed after his death in favour of another mutwalli, is unlawful .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-1957
Reported in : AIR1957SC645; 1958(6)BLJR1; 1957CriLJ1023; [1957]1SCR1032
..... , applied. reference to some of the provisions of the mussalman wakf act may now be made. section 3 provides for the furnishing of particulars relating to a waqf to the court, that is to ..... of the act. previous to the passing of the act, the mussalman wakf act (central act xlii of 1923) was enacted to make provisions for the better management of waqf property and for ensuring the keeping and publication of proper accounts in respect of such properties. it applied to all waqfs, except those to which s. 3 of the mussalman wakf validating act, 1913 ..... in the case of a second or subsequent offence which may extend to two thousand rupees. it is clear that the purpose of the act and that of the mussalman wakf act was to ensure that the waqfs were properly administered and that the income of the waqf was duly appropriate for the purposes for which the .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-27-1957
Reported in : AIR1958Kant28; AIR1958Mys28; ILR1957KAR130; (1957)35MysLJ341
..... chowdhri ilr 22 cal 619; 22 ind app. 76 (pc) (a).the mussalman wakf validating act no doubt altered the position. but as i have said before it does not mention whether or not such wakf would be a private wakf or a public wakf. although the mussalman wakf validating act has changed the law on this point, still the decision of the privy council ..... , the learned advocate urged, even if we hold that the ultimate benefit was given to the orphans then also the wakf in question would be a valid wakf in view of the said provisions of the mussalman wakf validating act, 1913, and on the construction of the said deed we should hold that the ultimate benefit was given to the ..... to be determined on reference to the judicial decisions on this point. prior to the date when the said mussalman wakf validating act came into force, the law was as settled by the judicial decisions was that a wakf was valid if there was a substantial dedication of the property to charitable use at some period of time or other, .....
Tag this Judgment!Court : Orissa
Decided on : Jan-02-1957
Reported in : AIR1957Ori130; 23(1957)CLT88; 1957CriLJ769
..... are with reference to a trial which has already commenced or taken place. they would, therefore, normally relate to errors or omissions which occur in a trial that has validly commenced .....sections 34, 114 and 149 of the i. p. c. provide for criminal liability viewed from different angles as regards actual participants, accessories and men actuated ..... effect the arrest and seizure of arms by ordering the march of the police party was not done in good faith; 10. that they were, in so acting, not acting in due discharge of their duties; 11. that the appellants had the right of private defence of property and person in injuring the member of the police party ..... baibajis with lathis and from this conduct together with the array of arms, the babajis did reasonably anticipate that death or grievous hurt might follow unless they acted in self-defence; and that the prosecution was guilty of suppression of material evidence both documentary and oral and the evidence for the prosecution was full of .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-18-1957
Reported in : AIR1957Cal283,[1957]8STC478(Cal)
..... charged with sale tax. the contractor failed to pay and hence the prosecution. balakrishnaiya j. held that a criminal court could not adjudicate upon the validity, of the tax under the provisions of the sales tax act. the learned judge followed the decision of rama iyer v. government of mysore, air 1851 mys. 70 (f). having held so. the learned judge proceeded ..... of all aspects of the matter and it has to be carefully considered. this was a revision petition under section 12b of the madras general sales tax act. challenging the constitutional validity of certain of the provisions of the madras general sales tax amendment act (xxv of 1947), by which 'works contracts' were included within the ambit of the mad. general sales tax .....
Tag this Judgment!Court : Kerala
Decided on : Feb-01-1957
Reported in : AIR1957Ker171
..... at all was questioned and permanent injunction against disposal of the trust properties was also prayed for. learned counsel submitted that even assuming that the compromise arrangement was validly constituted, still it was not as if it enured for ail time and unchangeably. the time factor and the personality of s. s. koder were material ..... that revision under section 115 c. p. c., was not shut out. that was a case where a direction by the district judge for sale of wakf property for particular price to particular person in the face of competing offer was considered to be of doubtful propriety.the learned judges also contemplated the possibility of ..... order.3. learned counsel for the revision petitioners attacks the availability in the circumstances of the jurisdiction invoked under section 7 of the charitable and religious trust act xiv of 1920. according to learned counsel the opinion, advice or direction which was being sought was not concerned with the management or administration of the .....
Tag this Judgment!Court : Kerala
Decided on : Feb-28-1957
Reported in : AIR1957Ker126
..... not call for any inquiry as to the exact extent to which sons are precluded by a decree and execution proceedings against their father from calling into question the validity of the sale, on the ground that the debt which formed the foundation of it was incurred for immoral purposes, or was merely illusory and fictitious. their ..... aside in appropriate proceedings and that a suit brought by the son for recovering possession of his share after such execution sale is governed by article12 of the limitation act. in (s) air 1955 pat 386 (t), it was said:''it is well settled that a suit brought by a son after attaining majority for setting aside ..... not maintainable without a specific prayer for setting aside the decrees and execution sales, and that it was also barred by limitation under article 12 of the limitation act. they admitted the partition of 1925 in the original family, but contended that some of the plaint properties were the self-acquired and separate properties of defendant 1 .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-02-1957
Reported in : AIR1958Bom79; (1957)59BOMLR1178; ILR1958Bom970
..... although the usual ceremonies and the document connected with the adoption were completed in 1908. he further contended that ramdhan was estopped by his conduct, from impugning the validity of the adoption and consequently the plaintiff was affected by the said estoppel. the trial court found that the adoption had taken place. on appeal the 'judicial ..... to affect the rights of persons other than the adopter,' it is necessary to consider in the first place what actually happened in 1908 and what were the acts and representations of ramdhan which created the estoppel. he is said to have brought the boy to chandur bazar from his native village, to have become a witness ..... 1937 pc 80, lala chiranjilal agarwal. m. a., ll. b., observes that an adoption among the agarwals is purely a secular affair, not being regarded as an act of any religious sanctity; 'that no ceremony is necessary for adoption except tying oi turban on the head of the adoptee or distribution of cocoanuls and sweets; that there .....
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