Court : Supreme Court of India
Reported in : 1998VAD(SC)470; AIR1998SC2986; [1998]233ITR434(SC); JT1998(5)SC257; 1998(4)SCALE344; (1998)6SCC267; [1998]3SCR947
..... when a wakf is created constituting the family or descendants of the wakf [sic, for wakif] the recipients of the charity so long as they exist, the poor are expressly or impliedly brought in not for the purpose of making the wakf charitable (for the support of the family and descendants is a part and parcel of the charitable purpose for which the dedication is ..... the appellant submits that under mahomedan law it is permissible to create a wakf-alal-aulad under which a trust in perpetuity can be created for the maintenance and support wholly or partially, of the family of the settlor, his children or descendants from generation to generation and thereafter for the benefit of poor or for any other purpose recongnised by mohammedan law as a religious, pious or charitable purpose of a permanent ..... syed ameer ali in his book on mahommedan law, fourth edition, volume 1, page 284 stated as follows:'when a man,' says the fatawai alamgiri quoting the zakhira, has made a wakf of land or something else with a condition, that the whole or part of it shall be for himself while he lives and after him for the poor, the wakf is valid according to abu yusuf, and the jurists of balkh have adopted his opinion and ..... is no question about the validity of the wakf; the mention of the poor does not make the wakf per se more or less valid; it only ensures perpetuity insisted upon in the law (pages 296-297).10. ..... principles of mohammadan law the wakf, in the absence of dedication to the poor, was invalid.15. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)148CTR(SC)391
..... when a wakf is created constituting the family or descendants of the wakf [sic, for wakif] the recipients of the charity so long as they exist, the poor are expressly or impliedly brought in not for the purpose of making the wakf charitable (for the support of the family and descendants is a part and parcel of the charitable purpose for which the dedication is ..... the appellant submits that under mohammedan law it is permissible to create a wakf-alal-aulad under which a trust in perpetuity can be created for the maintenance and support wholly or partially, of the family of the settlor, his children or descendants from generation to generation and thereafter for the benefit of poor or for any other purpose recognised by mohammedan law as a religious, pious or charitable purpose of a permanent ..... syed ameer ali in his book on mohammedan law, fourth edition, volume-1, page 284 stated as follows : 'when a man, `says the fatawai alamgiri quoting the zakhira, has made a wakf of land or something else with a condition, that the whole or part of it shall be for himself while he lives and after him for the poor, the wakf is valid according to abu yusuf, and the jurists of balkh have adopted his opinion and ..... is no question about the validity of the wakf; the mention of the poor does not make the wakf per se more or less valid; it only ensures perpetuity insisted upon in the law (pages 296-297).10. ..... principles of mohammedan law the wakf, in the absence of dedication to the poor, was invalid.15. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1473; 1982(0)BLJR401; (1982)IILLJ454SC; 1982(1)SCALE818; (1982)3SCC235; [1983]1SCR456; 1982(14)LC657(SC)
..... out either departmentally or through contractors, the government or any other governmental authority including a public sector corporation which is carrying out such work must take great care to see that the provisions of the labour laws are being strictly observed and they should not wait for any complaint to be received from the workmen in regard to nonobservance of any such provision before proceeding to take action against the erring officers or ..... regard to the peculiar socio-economic conditions prevailing in the country where there is, considerable poverty, illiteracy and ignorance obstructing and impeding accessibility to the judicial process, it would result in closing the doors of justice to the poor and deprived s of the community if the traditional rule of standing evolved by anglo-saxon jurisprudence that only a person wronged can sue for judicial redress were to be blindly adhered to and followed, and it is therefore necessary ..... would aggravate the inequality and injustice from which the employee even otherwise suffers on account of his economically disadvantaged position and lend the authority of law to the exploitation of the poor helpless employee by the economically powerful employer. ..... is through public interest litigation that the problems of the poor are now coming to the fore front and the entire theatre of the law is changing. ..... the poor too have civil and political rights and the rule of law is meant for them also, though today it exists only on paper and not in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC922; JT1995(1)SC636; 1995LabIC1368; (1995)IILLJ768SC; 1995(1)SCALE354; (1995)3SCC42; [1995]1SCR626; 1995(1)LC648(SC)
..... all employed persons; 'workplace' covers all places where workers need to be or need to go by reason of their work and which are under the direct or indirect control of the employer; 4. article 5(2) provides that 'national laws or regulations shall provide for the necessary measures, including appropriate penalties, to ensure effective enforcement of and compliance with the provisions of the convention.' ..... . article 21(1) envisages that 'workers who are or have been exposed to asbestos shall be provided, in accordance with national law and practice, with such medical examinations as are necessary to supervise their health in relation to the occupational hazard, and to diagnose occupational diseases caused ..... at the inception of tiling the writ petition in the year 1986, though it highlighted the lacuna in diverse provisions of law applicable to the asbestos industry, due to orders of this court passed from time to time, though wide gaps have been bridged by subordinate legislation, yet lot more ..... . article 9 in part iii prescribes protective and preventive measures, regulating that the national laws or regulations shall provide that exposure to asbestos shall be prevented or controlled by one or more of the following measures - (a) making work in which exposure to asbestos may occur subject to regulations prescribing adequate engineering ..... society like ours steeped with unbridgeable and ever widening gaps of inequality in status and of opportunity, law is catalyst, rubicon to the poor etc .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC387; (1979)13CTR(SC)378; [1980]121ITR1(SC); (1980)2SCC31; [1980]2SCR77
..... this principle, now section 13(1)(bb), introduced in the act of 1961 with effect from 1st april, 1977, provides that in the case of a charitable trust or institution for the relief of the poor, education or medical relief which carries on any business, income derived from such business would not be exempt from tax unless the business is carried on in the course of the actual carrying ..... be pointed out that section 11 sub-section (4) where it provides that a business may also be property held under trust, does not bring about any change in the law, because even prior to the enactment of that provision, it was held by the judicial committee of the privy council in the tribune's case (1939) 7 itr 415 ..... made under section 256, the tribunal is of the opinion that, on account of a conflict in the decisions of high courts in respect of any particular question of law, it is expedient that a reference should be made direct to the supreme court, the tribunal may draw up a statement of the case and refer it through its ..... the distinction is clearly brought out by the provision contained in section 13(1)(bb) inserted by tax laws (amendment) act, 1975, which provides that in case of a charitable trust or institution for the relief of the poor, education or medical relief, which carries on any business, any income derived from such business, unless the business is carried on in the course of the actual ..... law, the relief of poverty and the advancement of education were embodied as 'relief of the poor .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1174a; (1978)2SCC591a; [1978]3SCR770; 1978(10)LC387(SC)
..... contention on behalf of the plaintiffs is that the endowment is a valid one as it was mainly in favour of the matam and feeding of the poor who visited the matam and that the performance of the puja in the samadhi was not connected with the main endowment as the properties vested absolutely in favour ..... adhered to but if there are not enough brahmins as envisaged in the document the income will be utilised for feeding the poor boys and girls of the schools of the village even though they may not belong to the brahmin community. ..... the high court came to the conclusion that the charity in favour of the matam for feeding of the poor is a valid endowment and was a distinct charitable object and therefore valid endowment while confirming the endowment in favour of the sachidananda matam, it found the endowment as regards the samadhi ..... matam premises were adjoining each other and so closely intertwined that they cannot be separated and therefore the bequest for the performance of puja at the samadhikoil or the feeding of the poor in the matam cannot be separated and therefore bequest in favour of the matam and samadhikoil should be declared as invalid. ..... validing act, 1913, act vi of 1913, a wakf for the maintenance and support, wholly or partially, of his family or descendants is valid provided the ultimate benefit is expressly or impliedly reserved for the poor or for any other purpose recognized by the mussalman law as a religious, pious or charitable purpose of a permanent character.13. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3616; 2002(2)ALT1(SC); JT2001(7)SC503; 2001(5)SCALE582; (2001)7SCC708
..... has speculated on the outcome of the impugned legislation and proceeded to hold that there is no reasonable connection with the object of the enactment in the absence of any material other than the laws in force in the state which would not indicate as to the type of tenants who are holders of leases under consideration, the rent payable by them, what rent the lands would fetch after ..... the division bench of the high court found that the classification is unreasonable inasmuch as all tenants except those who are defined to be landless poor tenants are covered by section 82 and such classification has been made which has no nexus to the object to be achieved, namely, augmentation of income to the institutions ..... to the legislature to state as to who should be exempt from the application of the law and, in the present case, there is definition of 'landless poor person' whose total extent of land held by him either as owner or as cultivating tenant or as both does not exceed two and half acres of wet land or five acres of dry land having been identified as 'landless poor person' and he is enabled to purchase the land at 75% of the prevailing market value ..... ; secondly, she submitted that in striking down the provisions of section 82 of the act, the high court has unnecessarily relied upon far too much on the tenancy laws in force in the state to fetter the legislature in cancelling the existing agricultural leases and lands belonging to charitable or religious institution or endowment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC892; 1993CriLJ600; 1992(3)Crimes199(SC); JT1992(5)SC213; 1992(2)SCALE338; (1992)4SCC305; [1992]Supp1SCR226
..... or a legal injury is caused to a person or to a determinate class of persons by reason of violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, ..... of public wrong or public injury, but who is not a mere busy body or a meddlesome interloper; since the dominant object of pil is to ensure observance of the provisions of the constitution or the law which can be best achieved to advance the cause of community or disadvantaged groups and individuals or public interest by permitting any person, having no personal gain or private motivation or any other oblique consideration but ..... industrial dispute in regard to the payment of bnous, has observed:our adjectival branch of jurisprudence, by and large, deals not with sophisticated litigants but the rural poor, the urban lay and the weaker societal segments for whom law will be an added terror if technical mis-descriptions and deficiencies in drafting pleadings and setting out the cause-title create a secret weapon to non-suit a part ..... vast revolution is taking place in the judicial process; the theatre of law is fast changing and the problems of the poor are coming to the forefront. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC845; (1972)1SCC70; [1972]2SCR257
..... soaring land values tempting owners to let their buildings collapse rather than continue to have them let out on frozen rents.amongst the difficulties presented by the current law, the committee found one of them in the absence of an independent agency to finance and execute repairs on behalf of owners or tenants who have no means to carry them out even when otherwise willing to do ..... the proceeds of the cess would be first credited to the consolidated fund of the state and thereafter under an appropriation duly made by law in that behalf would be transferred to a fund, the amount of which would be placed at the disposal of the board for carrying out its several functions, (section ..... the preamble of the act recites collapses of residential buildings, acute shortage of housing accommodation, and the problems of law and order arising from the unceasing influx of persons into the city of bombay in search of work as having necessitated ..... persons living in the area may become helpless or destitute, irrespective of whether rich or poor, but it is a public purpose to supply the sufferers with food, clothing and shelter in order to relieve their ..... for purposes other than public purposes would constitute taking of property without due process of law within the meaning of the fourteenth amendment in the united states. ..... a law, not only exempting from taxation the limited means of poor and afflicted persons but providing public funds to ameliorate their conditions, is undoubtedly one for public .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1099; 1984(2)Crimes511(SC); 1984LabIC851; 1984(1)SCALE874; (1984)3SCC243
..... to deal with the problems of bonded labour including their identification, release and rehabilitation should be properly trained and sensitised so that they may feel a sense of involvement with the misery and suffering of the poor and they may carve out their functions with total dedication to the cause of removal of poverty and in a manner which will inspire the confidence of the weaker sections of the community including the ..... subordinate officers such as tehsildars and patwaris and at many places, the patwaris and tehsildars being either in sympathy with the exploiting class or lacking in social commitment or indifferent to the misery and suffering of the poor and the down-trodden, the task of identification, release and rehabilitation of bonded labour through the official machinery would be very difficult of achievement ..... the duty of the court to see that the legislative provisions regarding their rehabilitation are properly implemented and these poor and miserable persons are allowed to enjoy the benefit which the law and the constitution of the land afford to them.13 ..... groups which are trying to organise the poor and the oppressed and would try to attack and destroy such social action groups with all the resources at their disposal including filing of false cases and even physical assaults but the state administration should not allow itself to be dominated or influenced by the vested interests and under the guise of maintenance of law and order, harass and oppress the .....
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