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 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker68
..... of possession. the failure to obtain possession would not invalidate the sale or nullify the satisfaction of the decree. the obtaining of possession will not give greater validity to the sale or the confirmation thereof than what it possessed. therefore, whereas the title of the purchaser arises from the sale of the property in ..... application merely for redelivery of the property and held that such an application moved before the executing court should be within the time allowed by article 181, limitation act, the starting point of limitation being the date of the erroneous delivery by court. though the impugnment of the court sale there was a process of ' ..... parties concerned. ifthen there was no court sale, varu's taking possessionof the property, though with the aid of court, was withoutany right thereto and therefore an act of trespass, andthe plaintiffs have to be found entitled to recover theproperty with mesne profits on behalf of their tarwad.40. my learned brother mathew, j. thinks .....
Tag this Judgment!Court : Kerala
Reported in : AIR1963Ker330
..... null and void from the very inception.64. the contention of mr. a. s. krishna iyer, learned counsel, that the supreme court has upheld the validity of kerala act 4 of 1961in respect of cochin area need not detain me at all because in the group of writ petitions now before this court the lands involved are ..... passed can be saved by a subsequent amendment of the constitution, particularly with reference to fundamental rights.35. the supreme court was of the view that the validity of the act will have to be judged by considering as to whether it violates the fundamental rights guaranteed to the party therein, under article 19(1)(g) of the ..... instance by the three learned judges, adverts to the fact that in air 1951 sc 318 though the constitutional validity of the bombay prohibition act (act 25 of 1949) was challenged ultimately that attack substantially failed and the act was maintained with the exception of a few provisions that were declared invalid. one of the provisions declared invalid was .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker343
..... code of civil procedure, to sire the appellant and the other trustees respondents 4 to 9, is maintainable, in view of section 55(2) of the wakf act, 1954, central act xxix or 1954. the circumstances under which the appeal arisesmay be briefly indicated. respondents 2 and 3 filed an application before the district collector of trichur, under ..... 's petition under article 226 of the constitution for quashing the order of a collector overruling his objection that in view of section 55(2) of the wakf act (central act 29 of 1954) the collector had no jurisdiction to proceed with the inquiry into an application made by respondents 2 and 3 for leave to institute a ..... is strongly against an implied repeal, and in considering the question whether, an is the case for the appellant, sub-section (2) of section 55 of the wakf act impliedly repeals section 92 of the code, the presumption is certainly not weakened by the circumstance that the legislature expressly adverted to section 92 of the code in sub .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker164
..... a ratification on their part we are unable to appreciate the argument. under the section, the written consent therein provided for is a condition precedent to the validity of the manager's act. a subsequent ratification is, therefore, insufficient. the latest decision of this court upon the point is to the effect that the provisions of section 28 of ..... sukhdayal singh, ilr 28 all 30, a minor who has sold the property which his guardian had leased out to the! defendant was held to have validly repudiated the transfer by his act. richards j., observed that it is not necessary that a suit should be instituted to set aside the lease which was executed by the guardian of ..... to execute the sale deed as there were several members in the executant's family whose written consent was necessary under section 21 of the ezhava act (3 of 1100) for its validity. as the execution.....was in contravention of a statutory provision....the sale was a nullity and did not pass any interest to the vendee.' but .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker122
..... at hand in which 'all the parties in the transaction, namely, the pre-emptor, the vendee and the vendor, are not mohammedans,' their lordships held :'the mussalman law insists that the first formality technically called 'the immediate demand' should be observed by the pre-emptor or some one on his behalf immediately on receipt of the ..... ilr 13 mad 490 reiterated the above dicta and held that such defence would not fail by lapse of time or get extinguished under section 28 of the limitation act.in ukku v. kutti, ilr 15 mad 401 the courtauction purchaser sued to redeem a kanom; but itappeared that the defendant (the kanomdar) hadan earlier otti on ..... ; and dismissed the suit for redemption while observing that the mortgage debt should have been deemed discharged entirely, under section 9-a of the madras agriculturists' relief act, 1938, by the enjoyment of the property by the mortgagee for over 30 years wherefore the plaintiff would have been entitled to a decree for redemption without payment .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker267
..... has already stopped accepting from the public deposits of money withdrawable by cheques.23. the reserve bank contends that section 49-a of the banking companies act, 1949 is quite valid and it does not violate any of the provisions of the constitution.24. the reserve bank further states that the scope of section 49-a ..... of an assistance, but their lordships gathered the object and purpose of the act from the various provisions contained in the act,127. again, the observation of mr. justice gajendragadkar, that i have extracted earlier, will also clearly show that in considering the validity of the impugned statute on the ground that it violates article 14, ..... its material provisions can and must be considered. having thus ascertained the policy and the object of the act the court should apply the dual test in examining its validity: is the classification rational and based on intelligible differentia; and, has the basis of differentiation any rational nexus with its avowed policy and object .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker210
..... connection we would refer rajah of bobbili v. state of madras, air 1952 mad 203 where the validity of the madras estates land (reduction of rent) act (30 of 1947) came to be questioned and it was held that the act or any of its provisions did not affect materially the right of the landholders to hold property. ..... . in particular the diwan was, by section 9 of the proclamation, authorised with the ruler's sanction to frame rules, which would have the same force and validity as the proclamation, for regulating the renewal of leases, collection of rent, rates of rent payable by tenants, procedure for fixing such rent, and such other matters ..... board's learned advocate, in support of the argument concerning section 9 of theproclamation and the regulations thereunder, being special provisions and not having been repealed by the act, has relied on the maxim generalia specialibus non derogant. the legal position is well summarised by maxwell on interpretation of statutes (10th edn., p. 177) in .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker178
..... jurisdiction to entertain the suit which was defective at its very inception, that the decree passed by that court was a void decree and that it could not be validated on account of the altered situation brought about by the subsequent death of the 1st plaintiff. these objections proceed on the assumption that the limitations imposed by ss. ..... partition which was instituted in the year 1103 m. e. the parties to the suit are members of the ezhava community and are governed by the travancore ezhava act (act iii of 1100). as per the case put forward in the plaint, plaintiffs 1 to 8 and defendants 1 to 114 were members of an undivided ezhava marumakkathayam ..... shares in the properties found to belong to this tarwad. the objection to the maintainability of the suit on the basis of the relevant provisions of the travancore ezhava act, was not pressed at the time of arguments and accordingly, the trial court discarded that objection and held that the plaintiffs' suit for partition is maintainable.a .....
Tag this Judgment!Court : Kerala
Reported in : AIR1958Ker98
..... the decree under ext. b has been obtained against the 1st defendant who was admittedly the karnavan along with the 2nd defendant, the senior anandravan, it was perfectly valid and could not be attacked by the plaintiffs. he also contended that orders in execution cannot come within the definition of a decree, in its natural and grammatical meaning ..... at page 719 (of ker l.t) : (at p. 65 of air). the 1st and 2nd questions relate to the validity of a decree obtained in contravention of the provisions in section 31 of the act and its effect on an execution sale.28. their lordships have considered several decisions bearing on this matter and held that a decree ..... not govern an order in execution. in that case, the learned judges have held at page 588 of the reports that a valid decree has been obtained against the tarwad in accordance with the provisions of the act.mr. madhavan nair, learned counsel for the respondent, has also invited our attention to the pull bench decision of the travancore .....
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