Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: recent Year: 1941 Page 1 of about 25 results (0.331 seconds)

ismail Haji Arat Vs. Umar Abdulla

Court : Mumbai

Reported in : (1942)44BOMLR256

..... nephew is a good disposition.4. it is clear that according to the law as laid down in several decisions of the privy council, prior to the mussalman wakf validating act (vi of 1913), the wakf in favour of the testator's nephew and his heirs would have been void on the ground that the ultimate disposition to charity was illusory on the ground ..... he belongs to the family of the settlor it is only if he belongs to the settlor's family that the disposition in his favour can be upheld and the mussalman wakf validating act can apply to him.9. it is common ground that defendant no. 1 did not reside in the same house as the settlor nor was he dependent for his ..... nor members of his family. i, there-fore, hold that the disposition in favour of the heirs of hoosein noor mahomed does not come within the purview of the mussalman wakf validating act and the disposition is therefore bad in law.10. mr. haindaday for defendant no. 1 has argued that the court must only look to the first beneficiary under the .....

Hafiz Mohammad Fateh Nasib Vs. Sir Swarup Chand Hukum Chand, Firm and ...

Court : Kolkata

Reported in : AIR1942Cal1

..... property dedicated by the wakif should be substantially dedicated to charitable purposes, and that, if it is regarded as a private wakf, it fails to comply with the provisions of the mussalman wakf validating act, 1913, to the effect that the ultimate benefit must be reserved for the poor or for some religious, pious or charitable ..... which would otherwise be invalid as opposed to the mahomedan law of succession.22. retrospective effect was given to the act of 1913 by the mussalman wakf validating act, 1930, with the result that a private wakf created by a muslim for the maintenance and support wholly or partially of his family, children or descendants would now ..... cited by the learned chief justice the judicial committee of the privy council were dealing with a wakf which had been created before the enactment of the mussalman wakf validating act, 1913. their lordships pointed out that:under the act a wakf is not rendered invalid because it appears that the main object of the settlor was to .....

Nawab Syed Mahammad Hashim Ali Khan and anr. Vs. Iffat Ara Hamidi Begu ...

Court : Kolkata

Reported in : AIR1942Cal180

..... far as to suggest that the wakif was in fact making a settlement for life upon himself in contravention of the shia law and of section 8 (b), mussalman wakf validating act, 1913. abadi begum v. kaniz zainab has already been noticed. it is sufficient to say here that in that case the wakif by the principal waqfnama reserved ..... 90) 17 cal. 498 and balla mal v. ata ullah khan in the former case, which was decided before the passing of the mussalman wakf validating act, 1913, property bearing a considerable income was made wakf by a deed which directed that a mosque in a dwelling house belonging to the wakif and two small madrassahs also in the wakif's ..... in shia law.fourthly-as the ultimate gift over to charity does not satisfy the requirements of the proviso to section 3, mussalman wakf validating act, 1913, that act does not save the wakf from failing entirely.fifthly-the wakf, in so far as certain properties are concerned, has been made subject to the lease in saheba khatun's favour, and .....

Mohammad Yusuf and ors. Vs. Azim-uddIn and ors.

Court : Allahabad

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 .....

Toucey Vs. New York Life Insurance Co.

Court : US Supreme Court

..... the phoenix finance corporation, a delaware corporation which held almost 90% of the bonds, was joined as a plaintiff. the bridge company's answer challenged the validity of the indenture and alleged that the bonds were issued without consideration. phoenix denied all allegations of fraud. the case was tried before a master, whose modified ..... into the orderly functioning of a state's judicial process. the reciprocal doctrine of the res cases is but an application of the reason underlying the act. contest between the representatives of two distinct judicial systems over the same physical property would give rise to actual physical friction. the rule has become well ..... principles and usages of law." the general powers thus given to the federal courts were obviously limited by the subsequent enactment of the specific prohibitory provisions of the act of 1793. [ footnote 5 ] the first case arising under the provision was diggs & keith v. wolcott, 4 cranch 179, where the appellants brought .....

The Secretary of State for India Vs. Chimanlal Jamnadas

Court : Mumbai

Reported in : (1942)44BOMLR295

..... 3 without any protest and the original sanad in the collector's record (exhibit 105) contains an endorsement in his handwriting about receipt of its copy. the sanad was valid only up to march 31, 1930, and thereafter the government did not wish to continue the lease in the plaintiffs' favour. they gave a notice on october 3 ..... eviction under section 61. such a notice is, as observed in bhavanishankar v. talukdari settlement officer : (1914)16bomlr766 . requiring him to vacate certain land, the first act in the process of eviction. there is a decision of our court bearing on this point in bhikhabhai doolabhjee v. secretary of state for india,(2) there the point ..... register, meaning thereby the index register from which these printed copies have been made, is a public record and therefore governed by section 35 of the indian evidence act, but the printed copies of the general index, which are produced in this case, are not admissible because they are not properly proved as secondary evidence of .....

Vedangi Veera Raghava Rao Vs. Vedangi Gopalarao

Court : Chennai

Reported in : (1941)2MLJ707

..... have to hold therefore that the appellant being unable to establish his exclusive title to the property in suit on the basis of its allotment to his share at a valid partition, is not entitled to the relief claimed by him in the suit.5. the next ground relied on by the lower court in support of the conclusion that ..... to create interests in the immovable properties comprised therein. it cannot therefore be said that ex. a does not require registration. it clearly falls within section 17 of the registration act and being unregistered, it must be held to be inadmissible in evidence.4. it is, however, argued by mr. somasundaram for the respondent that even if this partition deed ..... of the partition till the respondent disturbed such possession in 1934, and reliance was placed on certain decisions which-were, however, cases decided before the transfer of property amendment act of 1929. the limits of the application of the doctrine of part performance have now been defined in section 53-a of the .....

Haji Mahammad Nabi Shirazi and ors. Vs. Province of Bengal and ors.

Court : Kolkata

Reported in : AIR1942Cal343

..... the heirs of a mutwalli. in our judgment that principle does not apply here. whether a suit comes within rules of procedure which prescribe the conditions for the valid institution of suits of a particular kind depends on the form of the suit as revealed by the plaint. in the cause title the secretary of state for india ..... advanced on behalf of defendant 7, the commissioner of wakfs against the finding that the suit is not barred by section 73 sub-section (2), bengal wakfs act, 1934. the learned subordinate judge has held that the consent required by this sub-section is not a necessary condition for the validity of the suit because there is no denial of the ..... , defendant 7. the case made in the plaint was to the following effect : in, the year 1806, haji mohammad mohsin, a shia mussalman created by deed a wakf of extensive properties embracing a zemindary estate in jessore known as the syedpur estate, the imambara building, and bazar land in hooghly. the wakfnamai allocated the income .....

Anila Bala Devi Vs. Madhabendu NaraIn Roy and anr.

Court : Kolkata

Reported in : AIR1942Cal245

..... to this version the arpannama was an essential part of the compromise.8. the learned subordinate judge has held that the adoption was in fact made, that it is valid in law, that anila bala had failed to prove her ease of undue influence and coercion, that the compromise was on the terms as stated by the plaintiff's ..... question is whether in this case where the plaintiff is out of possession injunction could be regarded as 'further relief' mentioned in the proviso to section 42, specific relief act. and second question is, assuming that a prayer for injunction would be 'further relief' within the meaning of that section in such a case, whether the court in ..... out of possession and against the defendant who is in possession. the cases establish the proposition that 'further relief' mentioned in the proviso to section 42, specific relief act, must be 'relief in relation to the legal character or right as to property to which the plaintiff is entitled to and whose title to such character or right .....

P.T. Krishnaswami Ayyangar Vs. Chevulu Kamalamma

Court : Mumbai

Reported in : (1942)44BOMLR191

..... before beasley c. j. after a consideration of the relevant authorities he came to the conclusion that the collateral security bond did not require registration and that a valid equitable mortgage upon no. 60 had been created by the deposit of the title deeds. he accordingly pronounced the usual mortgage decree in favour of the plaintiff. ..... suit by a mortgagee to enforce his security.7. the first two defendants (being the present respondents nos. 1 and 2) by their written statement impeached the validity of the equitable mortgage in suit on the ground that it was created by the collateral security bond and that the document had never been registered. the third ..... the question whether in view of the provisions of section 307 of the indian succession act the executors had power to mortgage the houses of their testator. he thought that this question could not properly be answered until the question of the validity of the plaintiff's own mortgage had been settled.10. the hearing of the appeal .....