Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Sorted by: recent Year: 1941 Page 2 of about 25 results (0.288 seconds)

Oklahoma Ex Rel. Phillips Vs. Guy F. Atkinson Co.

Court : US Supreme Court

..... united states for the eastern district of oklahoma syllabus 1. the denison dam and reservoir project on the red river in oklahoma and texas, authorized by the act of june 28, 1938, is a valid exercise of the commerce power by congress. p. 313 u. s. 516 . this is a multipurpose project -- part of a comprehensive scheme for controlling floods ..... control, not the power feature, of the project. page 313 u. s. 516 by motions to dismiss, the appellees asserted, inter alia, that the acts of congress so challenged were constitutional and valid. the case was heard by a three judge court (act of august 24, 1937, c. 754, 3, 50 stat. 751, 28 u.s.c. 380a) which sustained the ..... act authorizing the project. 37 f.supp. 93. from a judgment dismissing the complaint and denying the injunction, a direct appeal was taken to this court. we are of the view that the denison dam and reservoir project is a valid exercise of the commerce power by congress. this project is .....

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 .....

United States Vs. Morgan

Court : US Supreme Court

..... of the fund in its custody." united states v. morgan, 307 u. s. 183 , 307 u. s. 198 . but, finally, a matter not touching the validity of the order requires consideration. over the government's objection, the district page 313 u. s. 422 court authorized the market agencies to take the deposition of the secretary. ..... s. 578 . we have canvassed too fully in the past the duties respectively allotted to the secretary of agriculture and the courts in the enforcement of the packers and stockyards act to justify extended discussion of the governing principles. tagg bros. & moorhead v. united states, 280 u. s. 420 ; acker v. united states, 289 u. s ..... court of the united states for the western district of missouri syllabus 1. the function of the secretary of agriculture, when determining under the packers and stockyards act reasonable rates for services rendered by market agencies during a period of years past, is not merely to compare their actual expenditures and incomes, but involves consideration .....

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 .....

Committee of Management of Gurdwara Penja Sahib Vs. Mohammad Nawaz Kha ...

Court : Mumbai

Reported in : (1941)43BOMLR998

..... the malba or materials of which the houses are built, which rights are denied by the appellants.4. these matters came originally before a tribunal constituted under the sikh gurdwaras act (punjab act viii of 1925). an application having been made to have the shrine declared to be a sikh gurdwara, the mahant objected that it was a udasi institution and not ..... within the act. the respondent by petition dated april 25, 1931, objected that the area claimed as belonging to the institution was his sole property; that he was the owner of the malba .....

Committee of Management of Gurdwara Penja Sahib and Another, Vs. Lieut ...

Court : Privy Council

..... in the malba or materials of which the houses are built, which rights are denied by the appellants. these matters came originally before a tribunal constituted under the sikh gurdwaras act (punjab act 8 of 1925). an application having been made to have the shrine declared to be a sikh gurdwara, the mahant objected that it was a udasi institution and not ..... within the act. the respondent by petition dated 25th april 1931, objected that the area claimed as belonging to the institution was his sole property; that he was the owner of the malba .....

Hoani Te Heuheu Tukino Vs. Aotea District Maori Land Board

Court : Privy Council

..... 1852 and provided that no enactment of the assembly should be invalid because of repugnancy to s. 73. if it were needed, the provisions of the colonial laws validity act 1865 (28 and 29 v. cap. 63) operate to the same effect. if then, as appears clear, the imperial parliament has communicated to the new zealand legislature power ..... above act of 1852, did not authorize the parliament of new zealand to legislate in derogation of a treaty right ..... in the courts; (3) that such right was declared by the imperial act of 1852 (15 and 16 v. cap. 72) which granted a representative constitution to new zealand ; (4) that the colonial laws validity act, 1865 (28 and 29 v. cap. 63) preserves such right; that the imperial act of 1857 (20 and 21 v. cap. 53) which amended the .....

Hemanta Kumar Banerjee and ors. Vs. Satish Chandra Banerjee and ors.

Court : Kolkata

Reported in : AIR1941Cal635

..... opinion, contemplates a case where the disability has ceased or the estate vests absolutely in a full owner after the termination of the limited estate. it presupposes a valid deposit under sub-section (1) and. cannot have any reference to a case like the present where the property is found not to belong either wholly or in ..... 1 and 2, while the other half, which was payable to defendant 3 was invested in government promissory notes under the provisions of section 32, land acquisition act, she being a limited owner with restricted powers of alienation.3. on 22nd february 1938 the present suit was instituted by hemanta kumar alone against defendants 1 to ..... suit mentioned above. the land acquisition court refused this application, holding that the proper remedy of the applicants lay in a suit under section 31 (2), land acquisition act. thereafter a petition of revision was presented to this court against this order, under section 115, civil p. c, and a rule was obtained which was eventually .....

Meghraj and ors. Vs. Sri Digambar JaIn Mandir and ors.

Court : Allahabad

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 .....

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 .....