Judgment Search Results Home > Cases Phrase: public wakfe extension of limitation act 1959 amending act i amendment act 22 of 67 no 1 Court: andhra pradesh Page 1 of about 10 results (0.164 seconds)

Jalal Hussaini and ors. Vs. Syed Quadrathulla Hussaini and ors.

Court : Andhra Pradesh

Reported in : 1996(2)ALT364

..... for the purpose of eviction of the appellants was stated as 14th august, 1947 and 7th may, 1954 when the respondents were dispossessed from the suit lands but it was claimed that as per the public wakfs extension of limitation act no.29 of 1959 as amended by act no.15 of 1978 on 25-4-1978 the suit is within limitation. ..... the learned counsel for the appellants submits the periods of limitation for the suit to be either under articles 58, 100, 107 or 113 of the limitation act, 1963 of which article 107 has the maximum limitation period of twelve years. ..... b-18 and b-2 shows the appellants are in possession of the lands much beyond 12 years of the suit asserting their own right and hence the suit cannot be said to be within limitation, either if the suit is one based on title or even if it is a suit under article 65 of the limitation act. ..... on 16 teer 1358 fasli corresponding to the year 1948, objections were made by syed ahmed hussaini and syed chanda hussaini and an enquiry was made by the deputy collector under the provisions of the atiyat enquiries act wherein the decision ex.a-2 was given on 30-9-1954, while overruling the objections, that the rights of the objection petitioners i.e. ..... going into the question of the suit being liable to be brought under which article, yet taking the maximum period of limitation as twelve years, o.s.no. ..... respect, we are unable to agree as such a suit to set aside or vary the decision of the atiyat court must be brought within the period of limitation. .....

G. Narayan Reddy Vs. P. Narayana Reddy

Court : Andhra Pradesh

..... , even taken from the evidence of d.w-2 and d.w-3 for balance dowry amount the property was given as gift and same is opposed to public policy and against to law and the gift thereby void, it does not run adverse possession is untenable, as it is not correct to contend that the provisions of the limitation act would have no application at all in the event the transaction is held to be void but for the property transfer is prohibited by ..... to make it adverse to commence the prescription period for the claim of adverse possession and the animus possidendi is one of the ingredients of adverse possession and for that placed reliance on karnataka board of wakf supra and as per l.n.aswathama supra, at para 17, it was observed that long and continuous possession by itself would not constitute adverse possession if it was either permissive possession or possession without animus possidendi ..... h.b.shivakumar (air 2015 sc 3360) where the issue is amendment whether relates back to date of suit or not in the suit for ..... before going to it, it is necessary to mention that schedule is an extension of the section which includes it and material put into a schedule because it is too lengthy or detailed to be conveniently accommodated in a section, or ..... . jammi veerraju (air 1959 ap 79 (fb) and if in possession under invalid document by virtue of which the transferee gets no title or right, his possession is adverse to the transferor to count for adverse possession as person in possession claiming .....

Kumarika Subarna Rekha Mani Devi and ors. Vs. Ramakrishna Deo and ors.

Court : Andhra Pradesh

Reported in : AIR1968AP239

..... two points were urged in that case, namely, (1) that a memorandum of appeal against rejection of a plaint fell under article 11, schedule ii of the central act us amended by the madras act (v of 1922) and (2) even if it is considered that the memorandum of appeal is from a decree, the memorandum of appeal would attract either article 17-b of schedule ii on the basis that the subject matter of dispute in appeal is ..... against orders of rejection of plaints on grounds mentioned in clauses (b) and (c) of order vii, rule 11, c.p c are concerned if the relief is limited to that matter and not to the merits of the suit itself the court fee payable on the memorandum of appeal, as a rule, is under article 1 (c) of schedule i to act and the subject matter in dispute would be the value representing the difference between the court fee demanded and that .paid ..... of source of public revenue tended to develop with the result that with each enactment the rate increased and the amendment carried on in the previous act had also ..... meaning quite different from that which the same words used with reference to another set of circumstances and another subject matter would convey general words admit of indefinite extension or restriction according to the subject to which they relate and the scope and object in contemplation ..... ilr (1959) bom 1603 = air 1960 bom 61 considered the scope and province of this expression and observed thus:'the expression 'deemed' is used a great deal in many modern statutes and for .....

Katragadda Ramayya and anr. Vs. Kolli Nageswararao and ors.

Court : Andhra Pradesh

Reported in : AIR1969AP250

..... expression 'special law' which has not been defined in the limitation act, was intended to cover only laws like the rent act of 1859 which was held by the privy council to be a complete code in itself that in the ordinary sense 'special' is used in antithesis to 'general' or a public act means one that is directed towards a special subject or special ..... as to whether section 29, limitation act as it now stands after the amendment by act 10 of 1922, would help ..... 29 (2) are general provisions extending the time because of some act of court or on principle of public policy, sections 4, 9, 12, 15, 17 and 22 of the limitation act are all sections where proceedings in court could not be taken or were stayed or something has to be done to continue them while section 10, ..... of the limitation act would be applicable to all special acts in which a period of limitation has been prescribed had given rise to a conflict of opinion prior to the amendment of section 29 by the act 10 of ..... legislature was not aware of the extension of the period of 12 years by payment, acknowledgment or reviver in relation to the period prescribed under section 48 and where it wanted to extend the period of 12 years on that account, it specifically did so by not limiting or otherwise affecting the operation of ..... board of waqf, : [1959]1scr1287 , also held that for excluding the time under section 15, it must be shown that the institution of the suit in question had been stayed by an injunction or order in other words, .....

Mahendrawada Vyavasaya Karmika Sangham Vs. Satti Venkata Reddy and Ano ...

Court : Andhra Pradesh

Reported in : 2000(4)ALD91; 2000(3)ALT703

..... of a charitable institution or which was given, endowed or used as of a right for any charitable purpose shall be deemed to be a charitable endowmentwithin the meaning of this definition, notwithstanding that before or after the commencement of this act, the charitable institution has ceased to exist or ceased to be used for any charitable purpose or the charity has ceased to be performed.explanation ii:--any inam granted to a service holder or to an employee of a charitable institution for ..... denomination, having perpetual succession under an artificial form, and vested by the policy of the law with the capacity of acting in several respects as an individual, particularly of taking and granting property, of contracting obligations and of suing and being sued, of enjoying privileges and immunities in common, and of exercising a variety of political rights, more or less extensive, according to the design of its institution, or the powers conferred upon it, either at thetime of its creation ..... act applies to all public charitable institutions and endowments whether registered or not other than wakfs ..... it may be that the legislature felt that there was no need to amend the clause (c) so as to introduce 'held' instead of 'owned' for theapparent reason that by far, the instances of government holding the agricultural lands ..... panchayat samithics and zilla parishad act, 1959, we have a provision similar to sub-section (2) of section 3 ..... his appeal is limited to the relief of damages which was .....

Mohd. Siddiq Ali Khan Vs. Shahsun Finance Limited

Court : Andhra Pradesh

Reported in : AIR2005AP274; 2005(2)ALD675; 2005(2)ALT503

..... particular or definite individual case, but to a positive but undetermined number in that category without restriction or limitation of choice, therefore, in terms of provisions of sub-section (1) of section 8 of the act, the special court is required to take cognizance of each and every case arising out of any alleged act of land grabbing or with respect to the ownership and the title, or lawful possession of, the land ..... england, the law with regard to striking out pleadings and actions, it is observed:'........the court is invested with extensive powers to strike, out pleadings and thereupon, or for other good reason arising from the making of the claim ..... 'it is further explained that,--'....where a pleading discloses no reasonable cause of action or defence, it will be ordered to be struck out or amended, if it is capable of amendment .............but no evidence, including affidavit evidence, is admissible on an application on this ground, and, 'since it is only the pleading itself which ..... clause (e) of section 2 of the act and observed:'a combined reading of clauses (d) and (e) would suggest that to bring a person within the meaning of the expression 'land grabber' it must be shown that: (i)(a) he has taken unauthorisedly, unfairly, greedily, snatched forcibly, violently or unscrupulously any land belonging to the government or a local authority, a religious or charitable institution or endowment, including a wakf, or any other private person; (b) ..... a public notice ..... 1959 .....

Nukalapati Venku Reddy (Died) and ors. Vs. the Assistant Commissioner, ...

Court : Andhra Pradesh

Reported in : 2009(3)ALT467

..... occurring in the definition is 'temple', which in turn is defined under sub-section (27) of section 2 of the act, as under:(27) 'temple' means a place by whatever designation known used as a place of public religious worship, and dedicated to, or for the benefit of, or used as of right by the hindu community or any section thereof, as a place of public religious worship and includes sub-shrines, utsava mandapas, tanks and other necessary appurtenant structures and land;26. ..... sub-section (3) of section 1, which reads as under, makes this aspect clear.1(3) it applies to:(a) all public charitable institutions and endowments, whether registered or not, in accordance with provisions of this act, other than wakfs governed by the provisions of the wakfs act, 1954. ..... is the reason why the term 'religious institution' is defined with a limited amplitude, under sub-section (23) of section 2 of the act, as to mean a 'math', 'temple' or 'specific endowment' etc ..... he submits that the deputy commissioner had undertaken extensive discussion and ultimately arrived at a conclusion that the structure of the samadhi as well as the practices followed at the ashram indicate that it is a religious institution, pure ..... the preamble of the act itself makes it clear that it is enacted to consolidate and amend the law relating to the administration and governance of 'charitable and hindu religious institutions and endowments' in the state of ..... hindu religious and charitable endowmetns, madras 1959 mlj partii 121. .....

Vinjamuri Rajagopala Chary and Others Vs. Principal Secretary, Revenue ...

Court : Andhra Pradesh

..... or lease exceeding (ten) 10 years in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so; (d) agricultural or urban lands declared as surplus under the andhra pradesh land reforms (ceiling on agricultural holdings ..... validate the notification declaring a class of documents as opposed to public policy and consequently refusal of the same for registration during the period from 01.04.1999 to the date of the commencement of the present amendment act by inserting a validation provision. ? ..... state of a.p and others) the learned judge has extensively dealt with the properties in respect of which entries in re-settlement register (rsr) contain dots or describe such properties/lands as assessed waste dry (awd) and so also the assigned lands and ..... be deprived of his right to property guaranteed under article 300-a of the constitution of india without following the principles of natural justice and having disregard to other laws relating to limitation and prescriptive rights of the citizens. ..... the sunny central board of waqf, u.p and others (air 1959 supreme court 198) it was observed that it is well settled that in constructing the provision of a statute courts should be slow to adopt a construction which tends to make any part of the statute .....

Gangula Narasimha and Others Vs. Government of Andhra Pradesh Rep. by ...

Court : Andhra Pradesh

..... it is submitted that since the proceedings under the ulc act have been validly passed the land possessed by the trust in excess of the ceiling limit vested in government and the government in best public interest taken decision to regularize the land/plots which were ..... applicability of the indian trusts act, 1882 (act 2 of 1882) (for short the trusts act), we may notice the preamble of the act which reads thus: an act to define and amend the law relating to private trusts ..... there is probably says justice phear, no country in the world where fiduciary relations exhibit themselves so extensively and in such varied forms as in india, and possession of dominion over property, coupled with the obligation use is, either whilly or partially, for the benefit of other than the possessor, is, i ..... 63(b) of tamilandu hindu religious and charitable endowments act, 1959 the successors of veerana pandram were recognized as trustees ..... or religious trust (including wakf) and required and used for any public charitable or religious purposes: provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such purposes by such trust; (v) any ..... (iv) of sub-section (1) of section 19 above, it is clear that the provisions of chapter iii of ulc act will have no application in respect of vacant lands held by any public charitable or religious trust (including wakf) where the required land is used for any public charitable or religious purpose. .....

Gangula Narasimha and Others Vs. Government of Andhra Pradesh Rep. by ...

Court : Andhra Pradesh

..... it is submitted that since the proceedings under the ulc act have been validly passed the land possessed by the trust in excess of the ceiling limit vested in government and the government in best public interest taken decision to regularize the land/plots which were ..... applicability of the indian trusts act, 1882 (act 2 of 1882) (for short 'the trusts act'), we may notice the preamble of the act which reads thus: "an act to define and amend the law relating to private trusts ..... 'there is probably' says justice phear, 'no country in the world where fiduciary relations exhibit themselves so extensively and in such varied forms as in india, and possession of dominion over property, coupled with the obligation use is, either whilly or partially, for the benefit of other than the possessor, is, i ..... 63(b) of tamilandu hindu religious and charitable endowments act, 1959 the successors of veerana pandram were recognized as trustees ..... or religious trust (including wakf) and required and used for any public charitable or religious purposes: provided that the exemption under this clause shall apply only so long as such land continues to be required and used for such purposes by such trust; (v) any ..... (iv) of sub-section (1) of section 19 above, it is clear that the provisions of chapter iii of ulc act will have no application in respect of vacant lands held by any public charitable or religious trust (including wakf) where the required land is used for any public charitable or religious purpose. .....