Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: recent Court: kerala Page 2 of about 74 results (0.206 seconds)

Puthiyapura Sheik Koya Thangal and Another Vs. P.P. Koyammakoya and Ot ...

Court : Kerala

..... 4th defendant that the finding recorded by the courts below rejecting the defence contention that the suit was not maintainable in view of the provisions of the wakf act, 1954 and the wakf act, 1995, are unassailable. eventhough one kunhi seethi koya who claimed to be the karanavan of the second thavazhi of puthiyapura tarwad was impleaded in this ..... the third class or melacheris, intermarriage with whom is punished by the exclusion of the offender from his or her caste. the marriage is, however, deemed a valid one. the islanders compare favourably in physique with the people of the coast and in their customs and habits closely resemble the mappillas of north malabar. the men ..... not void ab initio and may, therefore, be retrospectively confirmed by the court. 4. a permanent or long-term lease of wakf property stands on the same footing as alienation. it can be valid only in the aforesaid two situations ( and the court can confirm such a lease retrospectively if it is not for a legal necessity .....

Jeemon V.R. Vs. State of Kerala, Rep. by the Secretary to Government, ...

Court : Kerala

..... service of the petitioners were regularized with the approval of the government it is contended that exts.p3 and p4 orders cancelling the appointments of the petitioners are valid and proper as it is perfectly in tune with the decision of the honble apex court in umadevi (3) case. taking into account the contention that ..... can be made a basis for its repetition. by refusing to direct the respondent authority to repeat the illegality, the court is not condoning the earlier illegal act/order nor can such illegal order constitute the basis for a legitimate complaint of discrimination. giving effect to such pleas would be prejudicial to the interests of ..... go(ms.)no.3/203 dated 29.8.2003. in fact, it was registered as a society under the travancore-cochin literary scientific and charitable societies registration act, 1955 and its entire affairs are controlled by the department of parliamentary affairs of the government of kerala. the administrative head of the institute is its director general .....

V.A. Arun Kumar Vs. State of Kerala, Rep. by the Additional Chief Secr ...

Court : Kerala

..... if the high court had quashed the said order, it would have restored an illegal order it would have given the health centre to a village contrary to the valid resolutions passed by the panchayat samithi. the high court, therefore, in our view, rightly refused to exercise its extraordinary discretionary power in the circumstances. this was followed by ..... is not a fit case for quashing ext.p5 order of the government even if it was without jurisdiction for, such quashing would restore ext.p4 order of the wakf board which is bad for other reasons. this is therefore, not a fit case for exercising discretion to quash ext.p5. counsel also made reference to the ..... . in such circumstances, the question is whether ext.p9 notification issued on 04.05.2011 would validate ext.p2 reference made on 10.03.2011 when the petitioner was not a public servant for the purpose of the act. as already seen, reference under section 7(3) could be made only regarding the action of a public servant. therefore .....

Shamila P. Iqbal, Kochi Vs. Anes P. Iqbal, Kochi and Others

Court : Kerala

..... the appellant is not the naturally born daughter or acknowledged daughter of mohammed iqbal and hajira beevi. it was further found that the will in question is genuine and valid and was acted upon by all the legal heirs. thus the plea raised by the appellant in both suits was turned down by the trial court. the appellant assails those findings. ..... to prepare a will about 4 months prior to the date of execution. the fact that mohammed iqbal was a respectable person in the locality and was a member of wakf board and an office bearer of the district congress committee and a social worker is discernible from the evidence given by dw6 as well. 36. learned counsel sri. dinesh ..... are well merited. we confirm the same. point no.3: 81. while discussing points 1 and 2 we have already found that ext.b25 will is true and valid and was accepted and acted upon by all the legal heirs of deceased muhammed iqbal. hence, this point is also answered against the appellant. point no.4: 82. in the light of the .....

K. Lakshmana I.P.S and Another Vs. Cbi, Siu/V/Sic.ii and Others

Court : Kerala

..... someone on the instructions of the higher officials. she also said that the first accused took to alcohol and cigarettes thereafter. 32. section 120 of the evidence act provides, inter alia, that in criminal proceedings against any person, the husband or wife of such person, respectively, shall be a competent witness. therefore, ..... credibility and evidentiary value of his testimony depends upon the confidence that it gets at the hands of the court. the judicial function of accepting and acting upon such evidence is guided by the requirement that the testimony of the witness is trustworthy. the contradictions that may be shown on the basis of ..... on the orders of superior officers, namely, k. lakshmana, dy.sp. tellicherry (second accused) and p. vijayan dig, northern range, calicut (third accused). xx. the aforesaid acts of the then crpf constable ramachandran nair (first accused); the then sy.sp, tellicherry k. lakshmana, (second accused) and the then dig, northern range, calicut, p. vijayan, .....

Kaipadath Property Development Company Vs. State of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker434

..... it into force at such time as it might, in its own discretion, determine, is conditional and not delegated legislation, and that it will be valid, unless there is in the constitution act any limitation on its power to enact such a legislation." para 28 is also important which is extracted below: "28. we may in this connection ..... law to an area or to determine the time and manner of carrying it into effect, it is conditional legislation." after relying upon the principles stated in hamdard dawakhana (wakf)'s case (air 1960 sc 554), their lordships held thus: "it is thus obvious that in the case of conditional legislation, the legislation is complete in itself but ..... legislation is a clear and well-settled one. in this connection, we may usefully refer to a constitution bench decision of this court in the case of hamdard dawakana (wakf) v. union of india, air 1960 sc 554, kapur j. speaking for the constitution bench has made the following pertinent observations at pp.695-96 of the report: .....

B.Muhammedkunhi Vs. K.Abdulla

Court : Kerala

Reported in : ILR2010(4)Ker224

..... concerned. in kihoto hollohan's case (1992 suppl. 2 scc 651), a constitution bench of the apex court considered the challenge against the constitutional validity of the tenth schedule. the disqualification from membership of parliament and legislatures were provided to a member on his voluntarily giving up membership by which he ..... and vice president the petitioners aligned with the bjp, and voted against the candidates of udf. accordingly, the commission concluded that the petitioners have deliberately acted against the interest of the party by joining the rival bjp members in the panchayat and the denial of these aspects by the petitioner was found ..... whereby the petitioners have been disqualified from the membership of meenja grama panchayat in terms of the provisions of the kerala local authorities (prohibition of defection) act, 1999. 2. the first respondent in the writ petitions is the petitioner before the state election commission. the petitioners and the first respondent were elected .....

Kunhimohammed Vs. Ayishakutty

Court : Kerala

Reported in : 2010(2)KLT71

..... . v. union of india : 2001 (3) klt 651 (sc) : (2001) 7 scc 740 held the statute to be legally and constitutionally valid. to us, in these circumstances, it appears to be evident that the act has only specified the amounts that will be payable under section 127(3)(b) of the code under the personal/customary law to justify ..... help her to fight the wolf. her legal heirs who may have inherited her property if she had any and in their absence the wakf boards are statutorily mandated under section 4 of the act to offer her assistance to keep body and soul together. this stipulation in the statute only shows the anxiety of the legislature to avoid ..... soon intervene to clarify, we may answer question no. (ii) thus:(i) for a termination of muslim marriage by unilateral pronouncement of talaq by the husband to be valid, attempt for reconciliation by two arbiters in accordance with ayat 35 sura iv must precede.(ii) if such a failed attempt for reconciliation had preceded such pronouncement of divorce, .....

Saidali K.H. Vs. V. Saleena

Court : Kerala

Reported in : 2008(3)KLJ637; 2008(4)KLT885

..... than one, does not treat her equitably in accordance with the injunctions of the quran;(ix) on any other ground which is recognised as valid for the dissolution of marriages under muslim law:provided that-(a) no decree shall be passed on ground (iii) until the sentence has become ..... in india, polygamy is positively unlawful. it calls for a strong moral 'if not a religious factor to eradicate polygamy from among the mussalmans. we have recognized the custom of drawing up a deed of contract of marriage containing a formal renunciation of the right on the part ..... for dissolution of marriage.7. though the petitioner sought a decree for dissolution of marriage on different grounds under the dissolution of muslim marriages act, without adverting to any such ground, the family court granted divorce on the only reason that the respondent/husband contracted a second marriage ..... india, new delhi, the chief secretary to the government of kerala, thiruvananthapuram and the chairman, kerala state wakf board. .....

Aboobacker C.K. Vs. Rahiyanath and anr.

Court : Kerala

Reported in : 2008(3)KLJ31

..... wife who has already obtained amounts under section 3, if she remains unmarried but become under section 4 of the act to stake claims for maintenance against her specified relatives as also the wakf board. her vulnerability to the misfortune of arbitrary and unilateral divorce has persuaded the legislature to confer on her superior ..... rights under the act - a piece of statutory personal law.28. on the basis of such logical reasoning, i come to ..... supercession cannot be inferred. it should not be allowed demolish or extinguish existing right unless the legislative intention is clear manifest and unambiguous. nowhere in the act do we find a specific statement that rights of the muslim divorced wives under section 125 will stand superseded or extinguished. it cannot lightly be assumed .....