Judgment Search Results Home > Cases Phrase: mussalman wakf validating act 1930 section 1 short title Year: 1934 Page 1 of about 16 results (0.209 seconds)

C. Kunhamutty Vs. Thondikkodan Ahmad Musaliar and ors.

Court : Chennai

Reported in : AIR1935Mad29; (1935)68MLJ107

..... support of this view there is no evidence whatsoever--we are quite unable to regard this as a distinguishing feature. but it was contended by mr. kuttikrishna menon that the mussalman 'wakf' validating act (vi of 1913) has effected a change in the law because of section 3 and the proviso thereto which read as follows:it shall be lawful for any person professing ..... the decision in ramanandan chettiar v. vava levvai marakayar is that whereas before the mussalman 'wakf' validating act (vi of 1913) provision for the maintenance and support wholly or partially of the family, children or descendants of a person professing the mussalman faith would not be a valid object of wakf, that act validated such a provision and their lordships were clearly of the opinion that the test laid .....

Kalekhan Mahmadkhan Vs. Karim Rehman Malik

Court : Mumbai

Reported in : AIR1935Bom207; (1935)37BOMLR207

..... no court is mentioned, it may be tried by any court constituted under the code by which the offence is shown in the second schedule to be triable. in the mussalman wakf validating act there is a definition of 'court' in section 2 (b). it means as a rule the court of the district judge, but in section 10 itself, as i ..... broomfield, j.1. the question for decision is whether the district judge has power to impose a fine under section 10 of the mussalman wakf validating act, xlii of 1923. the section is silent as to the tribunal by which the penalties therein referred to are to be imposed. it merely says that any ..... word 'offence' appears in section 10. 'offence' is defined in the criminal procedure code. there is no reason to suppose that it was intended to have a different meaning in this act than in the criminal procedure code, and, therefore, according to the view taken by the learned judges, the proceedings under section 10 must be regarded as ordinary criminal proceedings. reliance was .....

S. Afzal HusaIn Vs. Chhedi Lal and ors.

Court : Allahabad

Reported in : AIR1935All792

..... that it has not been shown that the wakfnama was a fictitious or fraudulent document and we consider that, it complied with the provisions of the mussalman wakf validating act (6 of 1913) and that it is valid. a further objection was taken in regard to accumulation of income. it was provided in para. 4 of the wakfnama that after paying off ..... fictitious and invalid and executed merely to avoid payment of dues to creditors and to practise fraud upon present and future creditors and was not intended as a valid wakf, that the plaintiff had borrowed the amounts set out in para. 4 of the plaint and had represented to defendant 1 that the plaintiff wanted to go ..... paying defendant 1. on issue 6 he found that chhedi lal was not estopped from, disputing the validity of the wakf and that the deed of wakf was fictitious. on issue 7 he found that the wakfnama was void under section 53, t.p. act, as being made to defeat the mortgagees and subsequent creditors. the suit was therefore dismissed by .....

Chaudhari S. Afzal HusaIn and After His Death Chaudhari Syed Iqbal Hus ...

Court : Allahabad

Reported in : 155Ind.Cas.791

..... it has not been shown that the waqfnama was a fictitious or fraudulent document and we consider that it complied with the provisions of the mussalman waqf validating act (act vi of 1913) and that it is valid. a further objection was taken in regard to accumulation of income. it was provided in para. 4 of the waqfnama that after pawng off ..... chhedi lai, defendant no. 1?(6) is chhedi lai, defendant no. 1 estopped from disputing the validity of the deed of january 18, 1919? if not, is the said deed fictitious?(7) does section 53 of the transfer of property act vitiate the deed of january 18, 1919?8. the learned subordinate judge has held on issue no. ..... . the lower court has held that the plaintiff was estopped from denying the validity of the supurdnama. that estoppel is claimed under the general law of estoppels in section 115 of the evidence act which provides that when one person has by his declaration, act or omission intentionally caused or permitted another person to believe a thing to be .....

The Official Assignee of Madras Vs. the Mercantile Bank of India Ltd.

Court : Mumbai

Reported in : (1935)37BOMLR130

..... goods or documents : provided that the pawnee acts in good faith and under circumstances which are not such as to raise a reasonable presumption that the pawnor is ..... indian contract (amendment) act, 1930, and replaced by a new section 178, was in the following terms :-a person who is in possession of any goods or of any bill of lading, dock warrant, warehouse keeper's certificate, wharfinger's certificate or warrant or order for delivery or any other document of title to goods, may make a valid pledge of such .....

King-emperor Vs. Ramanuja Aiyangar

Court : Chennai

Reported in : (1935)68MLJ1

..... this latter objection is certainly true, but i am not sure whether having regard to the duty laid upon the judge by section 298, criminal procedure code, it is a very valid one. that duty, it must be remembered, is absolute, not contingent upon the issue being raised by the parties. how, for instance, would the matter stand in ..... the attention of the jury to the question, whether in the circumstances of the case the jury would draw a presumption under section 114 of the indian evidence act as to the continued possession of the articles by the deceased down to the date her death, requires further consideration, (and in my judgment, the facts and ..... . 746. in this case the appellant, while being examined on his own behalf, gave evidence inadmissible in law under section 1, clause (f) of the criminal evidence act, 1898, during the course of his cross-examination. after some portion of the evidence was elicited, the appellant's counsel interposed with the objection that the cross-examination was .....

Official Assignee, Madras Vs. Mercantile Bank of India, Ltd.

Court : Privy Council

..... goods or documents: provided that the pawnee acts in good faith and under circumstances which are not such as to raise a reasonable presumption that the pawnor is ..... indian contract (amendment) act, 1930, and replaced by a new s. 178, was in the following terms: a person who is in possession of any goods or of any bill of lading, dock warrant, warehouse keeper's certificate, wharfinger's certificate or warrant or order for delivery or any other document of title to goods, may make a valid pledge of such .....

Chotey Lall Vs. Ganpat Rai and anr.

Court : Allahabad

Reported in : AIR1934All590; 150Ind.Cas.411

..... of the fact that the property has become vested in other coparceners, some of whom are not personally liable to discharge the debt. but there seems to be no valid ground for drawing any such distinction. the pious obligation of the son to discharge his father's debt must subsist in both cases. if the undivided interest of the ..... the authorities which they then considered. for example, a transfer may be upheld not only on the ground of legal necessity but also if the transferee proves that he bad acted in good faith and had taken the transfer after having made adequate enquiry as to the existence of legal necessity. it has been held, at least in this court, ..... of the hindu son to pay the debt even out of his own property was at one time enforced which necessitated the enactment of the hindu liability for ancestors debts act (1866). in these provinces however the 'liability does not appear to have been enforced except as against the joint property. dr. jha in his learned treatise on hindu .....

Raghunath Shankar Dikshit Vs. Lakshmibai Hari Ware

Court : Mumbai

Reported in : AIR1935Bom298; (1935)37BOMLR150; 157Ind.Cas.658

..... the judgment was delivered by a single judge, the respondent, who applied for the execution of the decree in question, had obtained a decree declaring him to have been validly adopted by one shankarrao's widow, but before that the widow rangubai had obtained a decree against two persons on a money claim and had already received the first ..... it is not necessary to assume that the remarriage referred to in that section means no more and no less than the kind of remarriage which section 1 legalises and validates. we concur in the view taken by the majority of judges in the full bench cases of matungmi gupta v. ram rutton roy and vitta tayaramma v. chatakondu sivayya ..... to the remarriage of hindu widows and not to prescribe the kind of remarriage the widow of a hindu may contract. section 1 of the act no doubt speaks of two hindus marrying ; it deals with the validity of the marriage and the legitimacy of the issue of such marriage. section 2, however, deals with a different matter, namely, the .....

Emperor Vs. M. Ramanuja Ayyangar

Court : Chennai

Reported in : AIR1935Mad528; 158Ind.Cas.662

..... this latter objection is certainly true, but i am not sure whether, having regard to the duty laid upon the judge by section 298, criminal procedure code, it is a very valid one. that duty, it must be remembered, is absolute, not contingent upon the issue being raised by the parties. how, for instance, would the matter stand in the ..... chief justice not directing the attention of the jury to the question, whether in the circumstances of the case the jury would draw a presumption under section 114, evidence act, as to the continued possession of the articles by the deceased down to the date of her death, requires further consideration (and, in my judgment, the facts ..... enacted to define the powers of the advocate-general in connection with criminal trials before this high court, the general provision in section 114(2), government of india act, cannot be read as giving him wider powers in the same matters. this question must, therefore, be considered only in relation to the terms of article 26 .....