Judgment Search Results Home > Cases Phrase: wakf act 1995 section 13 incorporation Court: kolkata Page 11 of about 528 results (0.057 seconds)

Nafisa Imran Shah Vs. the Board of Wakfs and ors.

Court : Kolkata Appellate

..... section 94(2) of the wakf act, 1995 provides that where a mutawalli is under an obligation to discharge any other duties imposed on him under the wakf and the mutawalli wilfully fails to discharge such duties, the board or any person interested in the wakf may make an application to the tribunal and the tribunal may pass such order thereon as it thinks fit. 8 ..... section 50 of the wakf act, 1995 provides as follows: 50 ..... the committee of management, appointed by the civil court, is discharging the duties of the mutawalli of the wakf, and s.50 of the wakf act, 1995 does not create any statutory obligation of a mutawalli of a wakf to decide a claim of a person seeking benefit under the instrument creating the wakf. 6. ..... be precise, nothing in the letter can be treated as an order or decision of the chief executive officer or the board of wakf under any provision of the wakf act, 1995. 4. ..... these reasons, i dispose of the petition relegating the petitioner to the tribunal constituted under s.83 of the wakf act, 1995. ..... in case of inaction on the part of the mutawalli (or the committee of management, for that matter) with respect to such a claim as the one of the petitioner, remedy of the aggrieved person is before the tribunal constituted under s.83 of the wakf act, 1995. ..... to allow inspection of wakf properties, accounts or records or deeds and documents relating thereto; (d) to discharge all public dues; and (e) to do any other act which he is lawfully required to do by or under this act. 7. .....

Abdul Alim Abed and anr. Vs. Mt. Abir Jan Bibi and anr.

Court : Kolkata

Reported in : AIR1928Cal368,110Ind.Cas.416

..... on his lips, that there is a valid trust and that the opposite party acted as a mutwalli for a short time and thereafter he began to act in various ways in breach of the terms of the to wakfnama and made all sorts of transfers against the provisions of the wakfnama and as the opposite party has thus abandoned his position as mutwalli of the wakf estate the appointment of a mutwalli was immediately necessary for the proper management, preservation ..... because that section makes a suit necessarywhere direction of the court is deemed necessary for the administration of wakf.as has been observed in passing in some of the reported cases on this section and also under sub, clause (b) of clause (1) of the section for appointing a ..... held by some of the high courts, including this court, that section 539 contemplated removing a trustee and appointing a new one in his place ..... now with regard to appointing a new trustee: it seems, considering the history of section 92, clause (a) and (b), that by a new trustee is meant a trustee in place of an ..... if a mutter comes within the provisions of this section it is clear that under clause (2) of the section, a suit under it is the only remedy open ..... that the appointment of a mutwalli even of a wakf estate, in respect of which there is no mutwalli, comes under section 92, civil p.c. ..... , therefore, no authority for the bare proposition that where there is no mutwalli in respect of a wakf, the court has no power to appoint one except in a suit under section 92. .....

Commissioner of Income Tax Vs. Jogendra Nath Naskar and anr.

Court : Kolkata

Reported in : AIR1965Cal570

..... conclusion that a shebait, in certain cases, of a hindu deity who answers the requirements of a trustee with the conditions mentioned in section 41 of the income-tax act can be a trustee for the purposes of that section is further reinforced by consideration of the fact that hindu endowments and mussalman wakfs have both been within the purview of the income-tax act and that being so shebaits and mutwalis should be made responsible for the payment of income-tax in connection therewith ..... if theargument of the learned counsel for the respondent be accepted, it would make section 41of the act otiose so far as wakfs are concerned,for in every case of wakf the property wouldbe held for the almighty and not tor any person.' 24. ..... if a trustee under any wakf deed which is valid nnder the musalman wakf validating act can become a trustee under section 41 of the income-tax act as indeed he is by express words used in section 41, then it seems a tittle illogical to exclude shebaits under a hindu religious endowment or dedication. ..... we are reinforced in this conclusion about the interpretation of the word 'trustee insection 11 of the income-tax act by the further consideration that the legislature had in mind in section 41 wakfs, and wakf deeds under the mohammedan law. ..... secondly, this argument fails to notice the history and language of introduction of the mussalman wakf validating act in section 41 of the income-tax act. .....

Akhtar Mirza Vs. Commissioner of Wakfs and ors.

Court : Kolkata

Reported in : (1971)IILLJ439Cal

..... was relied on in support of the contention that the words 'may from time to time determine' in section 23 of the bengal wakf act, 1934, did not require a determination by the state government in the case of every single appointment or promotion ..... in that case was one of consultation by the commissioner of income-tax with the board of revenue, but what we are concerned with in this case is the provision in section 23 of the act which requires that the board of wakfs may determine the number, grade and designation of officers with the previous sanction of the state government. ..... also stated that unless previous sanction to the creation of the post was accorded, appointment to the post created by the board would be illegal as that would be contrary to the provisions of section 23 of the bengal wakf act, 1934. ..... we have indicated earlier the requirement of previous sanction of the state government under section 23 of the act is a condition precedent to the board's determination of the number, grade and designation of officers and servants of the board of wakfs and the requirement of such previous sanction is mandatory in nature and not merely ..... case the words 'from time to time' used in section 29 of the act came up for consideration and the court came to the conclusion that those words did not entail the consequence that the board could delegate its function only by making a separate order in respect of each individual wakf when occasion arose and that no general delegation could be made .....

Hashim Ibrahim Saleji and ors. Vs. Secretary of State and ors.

Court : Kolkata

Reported in : AIR1927Cal352,101Ind.Cas.539

..... presented a petition to the collector in which he also stated that the property in question was owned and possessed by two wakf estates, namely, 'ibrahim soloman and company wakf estate' and 'ibrahim saleji wakf estate,' and that he managed the property as one of the matwallis of the two wakf estates, and asked that the official assignee's name should be removed from the list of claimants. ..... learned counsel for the petitioners contends that under section 53 of the land acquisition act read along with order 1, rule 10(2), civil ..... then stated that as the result of limitation on the original side of this court, a scheme had been settled under which this wakf estate was placed under the management of seven matwallis. ..... since these petitioners and himself do not make up the whole body of mutwallis as appointed by the scheme of this court, the addition of the former will not be effective fully to represent the wakf estate in the court of the additional district judge. ..... 22nd february 1924 the official assignee affirmed to a petition to the effect that he had on investigation discovered that the property was in fact a wakf estate and that the present opposite party no. ..... is his clear duty and it is proper that he should be put in a position to perform this duty, in this view of the case these mutwallis although they do not fully represent the wakf estate are proper pessons hr be added as parties.8. ..... related to the acquisition of a certain land which it is now admitted formed part of a wakf estate. .....

Sri Sri Sridhar Jiew and Another Vs. Income-tax Officer, District Ii(i ...

Court : Kolkata

Reported in : [1967]63ITR192(Cal)

..... on or about the 15th march, 1961, five joint notices were issued on the two deities, sri sri sridhar jiew and radharaman jiew, represented by their shebait sri pulin chandra daw, under section 34 of the said act, stating that the income-tax officer, district ii(i), calcutta, had reason to believe that the income of the said deities assessable to income-tax had escaped assessment and they were, therefore, required to file a ..... purposes as relate to anything done with the taxable territories, and in the case of the property so held in part only for such purposes, the income applied or finally set apart for application thereto.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 ..... another) appointed by or under any order of a court, or any trustee or trustees appointed under a trust declared by a duly executed instruments in writing whether testamentary or otherwise (including the trustee or trustee under any wakf deed which is valid under the mussalman wakf validating act, 1913) are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such court of wars, administrator-general, official trustees, receiver or manager or trustee or trustees, in the ..... university or a bar council, or the trustees of a baronetcy trust incorporated by a baronecty act. .....

R.A. Dickie and Co. (Agencies) Ltd. Vs. the Municipal Board, Benares a ...

Court : Kolkata

Reported in : AIR1956Cal216

..... ' : air1930cal53 .the bengal legislature, whose powers were conditioned by section 80a of the government of india act, 1915, could not, by the bengal wakf act, (act xiii of 1934), impose an obligation on a court in assam to issue notice to the commissioner of wakfs, bengal, in proceedings for sale of wakf property in assam in execution of a decree obtained in assam, though part of the wakf property was situated in bengal. ..... having regard to the assent of the governor-general-in-council, the alteration or repeal is of course valid and operative within the united provinces as laid down in section 79(2) of the government of india act, 1915.the assent of the governor-general, however, does not enable the united provinces legislature to alter and repeal the indian law of limitation with regard to ..... board of benares has a local habitat in the sense that it is incorporated in the united provinces and it functions in benares within the united provinces ..... the united provinces legislature, whose powers were conditioned by section 80a of the government of india act, 1915, could not, by the united provinces agriculturists' relief act, 1934, affect rights in land outside the province and therefore the provisions of that act could not affect substantive rights in respect of a single mortgage of properties both within and ..... the lex fori must also recognise a corporation incorporated under the laws of another province just as it recognises a natural person born in another province.in -- 'lazard bros. .....

Sm. Suhashini Karuri and Anr. Vs. Wealth Tax Officer, 'D' Ward and Anr ...

Court : Kolkata

Reported in : AIR1962Cal295,66CWN176,[1962]46ITR953(Cal)

..... , said as follows:-'before the income-tax officer it was not disputed that assessment upon the income from the waqf property during the accounting year was to be made under the provisions of section 41, income-tax act, what was seriously disputed was the question whether the tax sh u d be levied upon the share of each beneficiary under the waqf applying the individual rates applicable separately to the total income of each beneficiary ..... appointed under a trust declared by a duly executed instrument in writing whether testamentary or otherwise (including the trustee or trustees under any wakf of deed which is valid under the mussalman wakf validating act, 1913), are entitled to receive on behalf of any person, the tax shall be levied upon and recoverable from such ....... ..... before us, as it seems to have been conceded throughout, that if their numbers could be ascertained there was no difficulty in finding out their individual shares because under the wakf deed the beneficiaries were entitled to take the profits 'simultaneously in equal shares. ..... the facts were as follows: khan bahadur abibur rahman executed a deed of wakf in regard to his distillery business known as the sultanganj distillery which inter alia provided for the income to be expended on the maintenance and support of the wakif's family ..... consists of any trustee appointed under a trust declared by a duly executed instrument in writing, whether testamentary or otherwise, including a trustee under a valid deed of wakf. .....

Golam Rabbani Alias Lal Mia and anr. Vs. Dewan Abul Khair Ahmad Ali Al ...

Court : Kolkata

Reported in : 163Ind.Cas.67

..... on the other hand the high court of madras has held that the suit brought under section 92 of the civil procedure code being a representative suit, no question of abatement can arise if one of the relators die during the pendency of the appeal and the court has power under order i, rule 10, clause (2) of the ..... 36 of 1932 in the court of the district judge under section 92 of the code of civil procedure, and the learned district judge by his order dated february 25, 1933, removed opposite party no. ..... after the death of the said mutawalli one nurunnessa bibi became a mutawalli of the said wakf properties and the mosque; and while so acting she executed a towliatnama on poush 16, 1330, b.s. ..... this appeal, it may be mentioned, was brought by two relators golam rabbani alias lai mia and another who had obtained sanction of the collector of the district in accordance with the provisions of section 92 read with section 93 of the code of civil procedure. ..... 3 after assuming the management of the office of mutawalli misappropriated the income of the wakf properties and ultimately leased out the wakf properties for 15 years to opposite party no. 4. ..... amiruddin, a rich merchant and zamindar of dacca, built a mosque, which is popularly known as badamtoli mosque situate at 1 akmal khan road, dacca and dedicated the property attached thereto for its upkeep and maintenance and acted as the mutawalli thereof till his death. .....

District Licensed Deed-Writers' Association, Murshidabad Vs. State of ...

Court : Kolkata

Reported in : AIR1963Cal124,67CWN290

..... rule 11 does is to permit the clerks of pleaders or muktears, who are not licensed under these rules made under the registration act read with the bengal touts act, but who are licensed under section 31a of the legal practitioners' act read with the bengal touts act, the right to perform the functions of a licensed deed writer even though they are not licensed under these rules. ..... of the sub-registry office to pursuada the public to have their documents written by him or any unlicensed deed-writer, or who is found to be doing any act which is likely to defeat the provision of any rule made under section 80-g of the indian registration act, 1908 shall be deemed to be a tout within the meaning of the clause (ii) of section 2 of the said act and his name shall be liable to be included in the list of the touts framed and published under sub ..... these clerks are licensed under the rules made under section 31a of the legal practitioners' act as amended by the bengal touts act and as published in the civil rules and orders, volume 1 ..... suggests that it was an attempt to make better provision for regulating the employment of clerks of legal practitioners and suppression of touts in courts and certain offices in bengal and to that end to amend the legal practitioners act, 18/9, the indian registration act, 1908, and the workmen's compensation act, 1923 and also to amend the bengal village self government act, 1919, the bengal wakf act, 1934 and the bengal agricultural debtors act, 1934. .....