Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: recent Court: kerala Page 1 of about 74 results (0.604 seconds)

Syed Fazal Pookoya Thangal Vs. Union of India (Uoi) and ors.

Court : Kerala

Reported in : AIR1993Ker308; II(1993)DMC285

..... code of criminal procedure 1973. on the other hand, the petitioner syed fazal pookoya thangal, who is the chairman of the kerala wakf board has filed this original petition challenging the constitutional validity of section 4(2) of the act, and therefore of the order ext. pl. 4. section 4(2) reads :-- 'where a divorced woman is unable to maintain ..... by the magistrate to be paid by such other relatives under the proviso to sub-section (1), the magistrate may, by order, direct the state wakf board established under section 9 of the wakf act, 1954 (29 of 1954), or under any other law for the time being in force in a state, functioning in the area in which the ..... maintaining herself, that her parents who were only getting odd cooly jobs occasionally were also not capable of maintaining her and therefore section 4(2) of the act was attracted. the wakf board was accordingly directed to pay adequate maintenance to jameela, which was fixed at rs. 250/- per month. this was ordered to be paid from the .....

The Kerala Wakf Board, Ernakulam Vs. Valia Maliyekkal Koyanji Koya Tha ...

Court : Kerala

Reported in : AIR1985Ker228

..... requisite that there should be a permanent dedication of the property for religious or charitable purposes is not satisfied in the present case, it must be held that no valid wakf has been created in respect of the plaint schedule property under ext. a2. we may also state that the reading of moulood in the private residence of the ..... allowed to worship at those places considered holy by the muslim community, there is a valid wakf by immemorial user and dedication for a purpose recognised by the muslim law as pious and religious should be presumed to constitute a wakf within the meaning of the wakf act. in mulla's 'principles of mahomedan law', 18th edn. p. 204 it is ..... dedication is complete where a formal declaration has been made and prayers have been said....a mosque does not belong to any particular sect. it is open to all mussalmans to go in and offer their adoration to the almighty. suppose a hanafi erects a mosque; the shafeis, the malikis and the hanbalis may pray there equally with .....

Makku Rawther's Children: Assan Ravther and Ors. Vs. Manahapara Charay ...

Court : Kerala

Reported in : AIR1972Ker27

..... arises here as the various facets of article 14 have been fully settled by the supreme court. i am clear that section 129 of the transfer of property act is valid as read down in the light of part iii of the constitution. counsel for the respondent is right in his submission that order xxvii-a of the ..... imams have evolved the three ingredients of declaration, acceptance and vesting of possession under the then conditions, there is no hint anywhere of any taboo on a mussalman reducing a gift to writing, to get it attested or to get it registered by any public authority. it is significant to notice that before the amending ..... on grounds of religion in the extreme acceptation of the word, without serious risk of terminological in exactitude.15. the position may be basically different in the case of wakfs, trusts and gifts of a religious or pious or charitable nature like sadaqahs. indian humanity is not secular enough to obliterate religious sentiment. article 25 protects the right .....

Commissioner of Agricultural Income-tax, Kerala Vs. Abdul Sathar Haji ...

Court : Kerala

Reported in : [1971]81ITR230(Ker)

..... of manufacture, sale and distribution of pharmaceutical, medicinal and other preparations was neither a charitable nor a religious purpose and since the trustees could, under the deed, validly divert the whole income of the trust to one of the heads, viz., the carrying on of a business of manufacture, sale and distribution of pharmaceutical, medicinal ..... a private charitable trust - there might be a private trust for religious purposes, but no private charitable trust. leach c.j. held further that, where a wakf deed directed that half of the annual net income of the trust should be utilised for the expenses of maintenance, education, marriage and funeral and other necessities of ..... mussalman law, the benefit of the poor relations of the settlor could not be deemed to be a charitable purpose; and that, since the trustees were given the power to apply the whole of the income for one of the objects, the deed did not fulfil the requirements of section 4(3)(i) of the indian income-tax act .....

Nelliyil Ummer Kutty Vs. State of Kerala and anr.

Court : Kerala

Reported in : [1970]77ITR489(Ker)

..... to mohammedan law, has come before the courts, under the indian income-tax act of 1922, on several occasions. till the passing of the mussalman wakf validating act of 1913, the settled position was that there can be no valid dedication by way of wakf unless it was predominantly one for a charitable purpose. if the dominant object ..... was to perpetuate the property in the family of the settlor, or to use it for the aggrandizement of the settlor and the members of his family, the wakf ..... of the privy council decision in mohammad ibrahim riza malak v. commissioner of income-tax, a.i.r. 1930 p.c. 226 it was held that the wakf validating act, 1913, can be understood or construed as having introduced a third element in the case, namely, 'pious' purpose, as distinguished from 'religious' or 'charitable' .....

Commissioner of Income-tax, Kerala Vs. P. P. Hassan KoyA.

Court : Kerala

Reported in : [1967]63ITR791(Ker)

..... from jurists like ameer ali, and eventually resulted in the passing of the mussalman wakf validating act, 1913. it is common ground that the beneficiaries under the wakf with which we are concerned are the wife and minor children of the assessee, and that it is a wakf that is valid under the mussalman wakf validating act, 1913.it is interesting to note that the judicial committee chose to follow the ..... the supreme court was a case under sub-section (1) of section 41 of the indian income-tax act, 1922. under that sub-section, in the case of income, profits or gains chargeable under the act which the mutawalli of any wakf which is valid under the mussalman wakf validating act, 1913, is entitled to receive on behalf of any person, the tax shall be levied upon and .....

Official Receiver, Ernakulam District Court Vs. Kassim Moosa Sait and ...

Court : Kerala

Reported in : AIR1967Ker73

..... . therefore, the course open to me in this case is either to accept the pure mussalman law, or at least the principle underlying the wakf validating acts. in either case, ( i prefer the latter) the provisions of ex. p-1 are valid as a wakf.12. the appellant's counsel then argues that, at any rate, during the lifetime of the ..... decision itself had no force in the erstwhile cochin state. he contends further that the wakf validating acts had also no force in cochin state.8. the pure mussalman law recognises that making provisions for one's self and his descendants and relations is a pious act; and that it amounts to charity. ameer ali in his mahommedan law, vol. ..... on that question, i will have held that the principle underlying the wakf validating acts should apply to cochin state as well, because that is more in conformity with modem concepts and will also satisfy mussalman sentiments). ten per cent of the income of the wakf in this case is always to be utilised for charitable purposes; and .....

Banerji Memorial Club represented by its Secretary P.V. Thomas Vs. Tal ...

Court : Kerala

..... officer on 31.05.2007 along with documents showing payment of property tax, etc. revenue divisional officer observed that petitioner had not filed any valid and documentary evidence to prove that the petitioner was in possession of the land for sufficiently long period. the district collector before whom petitioner filed ..... being made during the hearing. section 3 of the kerala land conservancy act, 1957 clearly defines the property of the government and the land in question exemplifies the same. any unauthorized occupation of property of government without a valid grant/lease/license could be considered an encroachment on government land warrants the ..... of grant or licence and hence the proceedings were validly initiated. as noted above, proceedings under the 1957 act could have been initiated against the petitioner, if the petitioner was in unauthorised occupation of the government land. section 5 of the 1957 act as extracted above provided that without permission from the government .....

Kidangoor Devaswom represented by Balakrishnan and Others Vs. K.N. Kri ...

Court : Kerala

..... the temple. but, it is a fact that they retain the properties as their own and they continued to enjoy the properties. therefore, there cannot be any valid dedication in this case and further, there cannot be any creation of a public charitable trust in this case as far as the temple and its properties are concerned ..... the fact that the grant was made to an individual and his heirs in perpetuity was not reconciliable with the view that the grantor was in effect making a wakf for a hindu religious purpose. that very distinguished judge referred to the earlier decisions in pujari lakshamana goundan's case, and observed : "their lordships do not consider ..... in the schedule. sub-section (2) thereof provides that where the jenmi whose right to receive payment of jenmikaram has been extinguished is, at the commencement of this act, a religious or charitable institution of a public nature, government shall, by way of compensation, pay to the institution every year an amount equal to the balance .....

Abdurahiman Haji Vs. Kerala State Wakf Board

Court : Kerala

..... harshe and others ((1991) 3 scc588 to fortify his submissions. the relevant portion in the decision reads thus: ".......... the sale of the property in question was perfectly valid and as soon as the sale was confirmed under order 21 rule 92 cpc, the judgment debtor had no right or title in the property. once an order was ..... confirmation of sale. if the sale is set aside, apart from the auction-purchaser, the decree-holder is affected since the realisation of his decree debt is crp(wakf act) no.185/2012 14 put off and he would be obligated to initiate execution proceedings afresh to recover the decree debt." learned counsel for the contesting respondents relied ..... the board. every approval given by the board shall be communicated to the mutawalli and shall also be published in the notice board of the board office crp(wakf act) no.185/2012 12 and in any conspicuous place in which the property is situated." learned counsel for the petitioner submitted that after due procedure under the rule .....