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 : 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 .....
Tag this Judgment!