Court : Kolkata
Reported in : (1913)ILR40Cal323
..... . but it has been argued on behalf of the appellants that the materials on the record are not sufficient to show that the endowment is of the character mentioned in section 3 of the religious endowments act of 1863 ..... . on behalf of the appellants it has been argued that the appeal is maintainable, because the suit might originally have been instituted against the second defendant alone under section 14 of the religious endowments act of 1863 ..... on the 24th january 1911, a new committee was appointed under section 7 of the religious endowments act of 1863. ..... this appeal is directed against the decree of dismissal in a suit commenced by the plaintiffs under section 14 of the religious endowments act of 1863. ..... the case for the plaintiffs is, that they are interested in the endowment of sarala thakurani at kutila in the district of cuttack, that the endowment was under the management of a committee appointed under the religious endowments act of 1863, that the sole surviving member of that committee (the first defendant) had neglected his duties and that the second defendant, who claimed to be the paricharak or superintendent of the temple, though he had never been ..... they cannot rightly be held bound by the evidence adduced at a time when they had ho concern with the religious institution, of which they are now the committee under the religious endowments act of 1863 ..... the first defendant was sued in his character as a member of the committee appointed under the religious endowments act of 1863. .....
Tag this Judgment!Court : Kolkata
Reported in : 16Ind.Cas.908
..... on behalf of the appellants, it has been argued that the appeal is maintainable, because the suit might originally have been instituted against the second defendant alone under section 14 of the religious endowments act of 1863. ..... on the 24th january 1911, a new committee was appointed under section 7 of the religious endowments act of 1863. ..... they cannot rightly be held bound by the evidence adduced at a time when they had no concern with the religious institution of which they are now the committee under the religious endowments act of 1863. ..... the first defendant was sued in his character as a member of the committee appointed under the religious endowments act of 1863. ..... but, it has been argued on behalf of the appellants that the materials on the record are not sufficient to show that the endowment is of the character mentioned in section 3 of the religious endowments act of 1853. ..... in such a case, a question might have arisen, whether the committee could have been appointed at all under section 3 of the religious endowments act, because a trustee, manager or superintendent of this description would not be a trustee, manager or superintendent as contemplated in that section. ..... this appeal is directed against the decree of dismissal in a suit commenced by the plaintiffs under section 14 of the religious endowments ace of 1863. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal328
..... if on the other hand the defendant was merely in the position of a servant entrusted by the committee appointed under section 7, religious endowments act, 1863, with the management and administration of the imambarah, and obtained possession of the same as such, his position was that of a licensee, a person in possession as a servant, and could not as such be permitted to deny the title of the ..... of a muttawali for a limited period was legal and valid; whether the agreement under which defendant 1 came into office was a valid and binding agreement between the parties; could the committee appointed under section 7, religious endowments act (20 of 1863), legally dismiss a muttawali without assigning any reason as provided by the agreement. ..... in view of the provisions contained in the religious endowments act (20 of 1863) which govern the rights of the parties in the case, a suit by the surviving members of a committee appointed by the government under section 7 of the act is maintainable, and we are in agreement with the view taken by the learned judges in the decision of this court in the case of raghu nandan v. ..... the trial court, as also the court of appeal in its judgment passed ,on 25th march 1920, refused the prayer for injunction; and it was held by the court of appeal that the restriction clauses in the agreement under which raziuddin was appointed muttawali, could not be held to be illegal and void, as contended by the plaintiff raziuddin. .....
Tag this Judgment!Court : Kolkata
Reported in : (1882)ILR8Cal32
..... it is scarcely necessary to support this by argument, but we may refer to section 15 of act xx of 1863 (the religious endowments act), in which a clear distinction is drawn between persons having a direct or 'immediate interest,' and persons 'having a right of attendance, or having been in the habit of attending, at the performance of the worship or service of any mosque, temple,' and so forth. ..... then arises the question whether the provisions of the religious endowments act xx of 1863, are applicable to the present case. ..... we now come to deal with the other prayers in the plaint which do not fall within the provisions of section 14 of the religious endowments act. ..... the conclusion, then, to which we are led is, that the same construction must be put upon sections 13 and 14 of the act, and that the mosque, temple, or religious establishment there mentioned is, not any mosque, temple, or religious establishment whatever, but any mosque, temple, or religious establishment for the support of which endowments in land have been made by the government or private individuals. ..... but it may be contended that the provisions of act xx of 1863 ought to be limited merely to those mosques, hindu temples, &c;, the land granted for the endowment of which had actually been taken under the management of the government. .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]106ITR904(Cal)
..... the debutter estate was not taxed under the indian income-tax act, 1922, for the assessment years 1953-54, 1954-55 and 1955-56, on the ground that income from the debutter estate was exempt under section 4(3)(i) of the indian income-tax act, 1922, as the properties were held under a public religious endowment. ..... following classes shall not be included in the total income of the person receiving them: (i) subject to the provisions of clause (c) of sub-section (1) of section 16, any income derived from property held under trust or other legal obligation wholly for religious or charitable purposes, in so far as such income is applied or accumulated for application to such religious or charitable purposes as relate to anything done within the taxable territories, and in the case of property so held in ..... in this sub-section 'charitable purpose' includes relief of the poor, education, medical relief and the advancement of any other object of general public utility, but nothing contained in clause (i) or clause (ii) shall operate to exempt from the provisions of this act that part of the income from property held under a trust or other legal obligation for private religious purposes which does not enure ..... to be fulfilled, that is to say, the income must be derived from the property held under trust wholly for charitable or religious purposes, and, secondly, the application or accumulation of such income in the manner indicated in clause (a) of sub-section (1) of section 11 of the act. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal457,58CWN453
..... or section 18, religious endowments act, 1863, but that if any other person intends to bring a suit he must obtain the consent in writing of the commissioner of wakf in addition to the leave required by the code of civil procedure or the religious endowments act, 1863.13. ..... , 1908, section 14 read with section 18 of the religious endowments act, ,1863 and under section 73, bengal wakf act, 1934, in the result, the suit was dismissed.5. ..... (1) a suit to obtain any of the reliefs mentioned in section 14 of the religious endowments act, 1863, and in section 92 of the code of civil procedure, 1908, relating to any wakf may, notwithstanding anything to the contrary contained in those acts, be instituted by the commissioner without obtaining the leave or consent referred to in those acts. ..... roy choudhury raised a further contention before us, namely, that the expression 'relating to any wakf' occurring in section 73 qualifies the expression 'a suit to obtain any of the reliefs mentioned in section 14 of the religious endowments act, 1863, and in section 92, civil p. c. ..... the above interpretation of the expression 'a suit to obtain any of the reliefs mentioned in section 92, civil p. c. ..... this is an appeal by the plaintiffs under clause 15 of the letters patent against the judgment of renupada mukherjee, j. ..... the learned judge, however, gave leave to appeal under clause 15 of the letters patent. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2004Cal91,(2003)2CALLT39(HC)
..... such division which may ultimately be effected, would not destroy the wakf character of any portion of the dedicated properties, but some portions thereof would be under the administrative control of the authorities under the wakf act, 1995, whereas the other portions would be governed by the provisions of the mussalman wakf validating acts of 1913 and 1930, the religious endowments act, 1863 and the shariat law application act, 1937 and others similar enactments. 40 ..... 1934, made specific provision for statements of account of wakfs-al-al-aulad to be filed before the 15th of july each year, and for payment of annual contribution to the board under section 59 as in the case of public wakfs created for religious and charitable purposes and section 34 provided for protection of wakfs-al-al-aulad if mismanaged, neither the 1954 act nor the 1995 act contained any similar provisions and, on the other hand, sought to exclude private wakfs from their purview. 16. mr ..... which came into operation from 1st january, 1996, it became necessary for the appellant/petitioner, as mutwalli of the wakf estate of shahzadi begum, to seek an interpretation of the provisions of the wakf deed executed by shahzadi begum containing provisions, both for private purposes as also for religious and charitable purposes, in the originating summons jurisdiction of this court, regarding the applicability of the wakf act, 1995, to those portions of the wakf estate set apart as wakf-al-al-aulad. 20. mr .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal505,75CWN256
..... section 78 of the bengal wakfs act, 1934 (bengal act xiii of 1934) after section 23 of the religious endowments act, 1863, the following section was inserted: section ..... noted that the interpretation clause in section 2 of the act, relating to 'number' and 'gender' were repealed by repealing and amending act, 1914, (act x of 1914). ..... an interpretation clause is not, as is very often supposed, to substitute one set of words for another or to apply the meaning of the term under all circumstances but merely to declare what may be included in the term when the circumstances required that it should be so interpreted. ..... and on the due publicity of the election, the learned munsif was of opinion that the court should give a reasonable interpretation to the words 'remaining 'members' as 'a single member' and it was held that the election held by the ..... agreement with the first appellate court, that interpretation of 'remaining members' as 'a single member' in section 10 ofthe act would be repugnant in the context of other provisions of the said act.16. ..... -koodlu narayana bhatta : air1951mad917 , where it was held, with reference to section 13 of the general clauses act, as follows:'the definition applies only if there is nothing repugnant in the ..... reliance was placed, in support, on section 13 of the general clauses act (act x of 1897), which provides inter alia that in all central acts, unless there is anything repugnant in the subject or context, words in the singular shall include the plural .....
Tag this Judgment!Court : Kolkata
Reported in : 35Ind.Cas.880
..... the first ground taken is that the suit cannot be maintained as no leave of the court has been obtained under section 18 of the religious endowments act (xx of 1863). ..... 404 a person electing to proceed under the religious endowments act can be given only such special relief as that special statute provides for and if he wishes for any relief beyond that, he should proceed under section 539 of the civil procedure code. ..... as suits in respect of trusts for religious purposes did not come within the purview of section 539 of act x of 1877, it was necessary to obtain leave of the court under section 18 of act xx of 1863. ..... this appeal arises out of a suit brought under the provisions of section 539 of act xiv of 1fs2 (code of civil procedure) in respect of an endowment alleged to be one for public charitable and religious purposes. ..... that being so, the suit is maintainable with the sanction of the advocate general under section 539 of act xiv of 1882 and no leave under act xx of 1863 is necessary. ..... some of the reliefs claimed by the plaintiffs in the present case are outside the limited scope of section 14 of act xx of 1863. ..... it is urged that the trust being partly for religious and partly for charitable purposes, leave of the court under section 18 of that act ought to have been obtained in so far as it was a trust for religious purposes; and we have been referred to the cases of jan ali v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1934Cal741,153Ind.Cas.291
..... the muttawali of a certain wakf, which was created in the year 1907; against the order of the district judge of chittagong dated 9th november 1933; granting permission to the opposite parties to sue the petitioner under section 18, religious endowments act (act 20 of 1863). ..... conclusion therefore is that the words trustee, manager or superintendent of any mosque, temple or religious establishments' in section 14, religious endowments act, mean a trustee, manager or superintendent of a mosque, temple or religious institution to which the provisions of regn. ..... , the court has no right to go beyond them: when the words are capable of one meaning, and at the same time of a more extended meaning the court will look to the object and policy of the act to see what meaning they ought to have: maxwell on the interpretation of statutes, edn. 7, pp. 39 40.4. ..... the general object and intention of the legislature in passing the enactment, it may legitimately be consulted to solve any ambiguity, or to fix the meaning of words which may have more than one, or to keep the effect of the act within its real scope whenever the enacting part is in any of these respects open to doubt: (maxwell on interpretation of statute, edn. ..... language might perhaps have been used to denote the intended meaning, regarding which we entertain no doubt, but we have to construe an old statute, and it is clear to us that it would not be reasonable to place on it the restricted interpretation suggested tor the appellant.7. .....
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