Court : Kolkata
Reported in : AIR1924Cal473
..... reference may also be made to section 32 of the land acquisition act, 1894, which deals with the question of investment of compensation money awarded in respect of lands belonging to persons incompetent to alienate ..... it is well-settled that the district judge has jurisdiction to authorise dealings with wakf property in the same way as a qazi might have done under the mohammadan law; see the judgment of amir ali and pratt, ..... under section 29 of the guardians and wards act, 1890, a transfer of the immovable property of a ward except leases for periods shorter than five years cannot be made without the previous permission of the ..... , to assume jurisdiction as extensive as that of the kazi, and held that in the absence of statutory authority, a sanction to sell wakf property could be obtained by a mutwalli only by means of a suit. ..... it was ruled that if a person desires to be appointed a mutwalli of a public wakf, he should proceed preferably by a suit. ..... are invited in this rule to consider the legality of an order made by the district judge in favour of two mutwallis of a mohammadan wakf, authorising them to grant a lease of the wakf property. ..... it has been uniformly held for at least a quarter of a century that the requisite sanction of the district judge may be obtained on an application to him by a mutwalli who finds it necessary to make an alienation of the wakf property. ..... is not really opposed, to this view, as that was not a case of a mutwalli seeking sanction to deal with wakf property. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal356
..... 5 (who for the sake of convenience, will hereafter be called the old trustees to distinguish them from those who came in their place) were acting as trustees there was a suit on the original side of this court under the provisions of section 92 of the code asking for their removal, for appointment of new trustees, for the framing of a scheme and for accounts and inquiries. ..... but the argument really advanced is this that the will in this particular case has created a wakf and the trustee acting under it is virtually a muttawali that so far as alienation of endowed property is concerned the power of a shebait or mohunt are very similar to those of a muttawali: and that consequently a muttawali is as much competent to alienate or incur ..... considerable argument has been addressed to us in order to make out first of all that the trust is invalid being a wakf created by a shiah mahomedan which was not accompanied by delivery of possession, and in which the settlor retained some benefit for himself under it by making provision for his ..... the permission of the court, to mortgage, sale or exchange wakf property, unless he is expressly authorized by the deed of wakf to do so; and his power to grant leases is much more restricted, so that he may not grant leases for more than three years in case of agricultural lands or for more than a year in the case of nonagricultural lands unless he is expressly authorised to do so by the deed of wakf or unless he has obtained the leave of the court for .....
Tag this Judgment!Court : Kolkata
Reported in : 32Ind.Cas.205
..... 1 cannot seek to retain this money unless he is willing to do this very simple act, which he is bound to do under section 8 of the transfer of property act. ..... the matter is purely one of law and the plaintiff can ask that the defendant should do, as we have pointed out, anything that is necessary under section 8 of the transfer of property act.3. ..... the learned subordinate judge found that the balance of authority seems to be in favour of the view that sanction of the court was necessary to validate a lease of wakf house property for more than a year. ..... the premises in question were part of an estate which was wakf property and the defendant no. ..... contentions that have been raised before us, it is necessary to state that the plaintiff had been a tenant of this mutawalli for many many years and, therefore, presumably must have known that the property was wakf property. .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT99(HC)
..... building plans sanctioned under the calcutta municipal corporation act, 1980 (west bengal act lix of 1980), and the rules made thereunder, or the howrah municipal corporation act, 1980 (west bengal act lviii of 1980), and the rules made thereunder, according as the land may be situated within calcutta as defined in clause (9) of section 2 of the calcutta municipal corporation act, 1980, or howrah as defined in clause (15) of section 2 of the howrah municipal corporation act, 1980, for-(a) residential and business purpose for ..... the suit property formed part and parcel of the wakf estate of one sahib zabi azhar alias zahura begum, wife of tipu sultan of mysore on the basis of wakfnama dated 24th baisakh, 1255 b.s.corresponding to 5.5.1848. ..... the receiver granted a lease of a portion of the wakf estate for a period of 30 years that is from 1.8.1912 till 1.8.1942 in favour of charu chandra ghosh. ..... after jahanara begum left for pakistan there were many litigation's over the wakf estate following judgment and decree in t.s. ..... the structures which allegedly stood on the wakf estate and those which were subsequently constructed became vested in the wakf estate. ..... 200.86 granted by jahanara begum, who was the mutwalli and had left for pakistan around 1950 and after her departure there was a great deal of mismanagement over the wakf estate. ..... the learned district judge, 24-parganas appointed one anukul chandra chatterjee, who was the court officer as receiver of the wakf estate. .....
Tag this Judgment!Court : Kolkata
Reported in : 164Ind.Cas.109
..... have given the matter considerable thought and i do not find that any of the cases cited to me are of much assistance: but considering the language of the section apart from authority, i nave come to the conclusion that the assistant referee was in error and that the section has application to the present case. ..... having regard to the dates which i nave mentioned, it seems to me that it is so barred unless it can be saved by the operation of section 10 of the indian limitation act. ..... alum within the meaning of section 10 of the limitation act.8. ..... alum kept no separate account, but mixed the moneys so paid by the wakf estate with his own money. mr. ..... the assistant referee has considered this aspect of the matter with great care and he has come to the conclusion that section 10 has no application, chiefly upon the ground that the property cannot be said to have ever become vested within the meaning of the section. i. ..... the petitioner's mother was the daughter of one shahebzada muhammad sultan alum, an attorney of this court, it appears that after the death of the petitioner's father those in charge of the wakf estate paid the sum of rs. 25 to mr. ..... the source of this monthly sum was the wakf estate of the nawab of dacca.3. ..... alum the wakf estate abandoned all the interest in the money and completely divested itself of its property therein. ..... the wakf estate which may be described as the settlor has no further legal interest in the matter. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1940Cal565
..... it is enjoined by section 54, registration act, itself that the entries in the indexes are to be made as far as practicable immediately after the registering officer has copied, or filed a memorandum of, the document to which it relates; and this is further emphasized in para. ..... 1/1, kailasarak lane; (ii) if the prince was the beneficial owner, (a) whether the respondents had acted in good faith and with reasonable care in the transaction of the mortgage from dr. ..... we cannot accept the respondents' contention that they must be taken to have acted in good faith and with reasonable care simply because they entrusted the enquiry into title to a solicitor whom they trusted and only completed the transaction after they were told by their solicitor that ..... 1926 cal 916 the view was taken that section 41 itself applied to subsequent transferees. ..... (2) (ii 71) would have indicated that in 1920, nawab syed ali, the mutwali of the prince's wakf, was granting the property in lease by ex. ..... for sometime by reason of an injunction issued by the munsif, first court of 24 parganas, in a suit instituted by nawab syed ali, a son of the prince, against the official assignee and shaheba khatoon in which he claimed possession of the property as wakf property on the basis of a wakf created by his father. ..... this is the deed of wakf executed by the prince (ex. m-ii, 93) ..... 26 (d)-ii-286) on the ground that it was not maintainable in view of the provisions of section 66, civil p.c. ..... he included in the wakf premises no. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN88
..... allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code,iii) where the uncontroverted allegations made in the fir or complaint and the evidence collected in support of the same do not disclose ..... no oral evidence is permissible in law to be adduced to vary or contradict the written provisions of the deeds in view of bar under sections 91 and 92 of the indian evidence act, in view of these sections no evidence or oral agreement or statement can be admitted for the purpose of contradicting, varying, adding to or subtracting from the terms mentioned in the written deeds or the terms of the ..... present case, we are of opinion that the wakf created by hazi elahi bux on november 18, 1936 falls within the purview, section 92, civil procedure code..as we have already stated, the wakf created by hazi elahi bux was a wakf created for a public purpose of charitable ..... pdb and considering the dominance of first accused on pdb after 1995, the second accused shifted his loyalties to the first accused ..... after death of mpb and after 1995 the first accused started showing great intimacy with pdb and started giving her company ..... from 1995, she had to move in a wheel chair while on travel and during such ill-health she was mentally upset and it was her practice at that time .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT324(HC),93CWN1069
..... bombay high court summarised the legal position to the effect that under rule 101 read with rule 99 of order 21 of the code, all questions including the question of tenancy under the bombay rent act can be decided by the executing court subject, however, to the condition as mentioned in rule 101 itself that those questions must arise between the parties to a proceeding on the application and must ..... taltola police station shall render all assistance to the receiver, as he may require to carry out this order.all parties including the receiver shall act on the signed copy of the minutes of the dictated order upon an undertaking on the advocate-on-record for the record to apply and obtain certified ..... immovable property should be given from the landlord to the tenant, the executing court has the jurisdiction to pass that order under rule 100(a) and the bar contained in section 41(2) of the presidency small causes courts act or the bar) implied by section 28 of the bombay rent act does not apply to the field covered by rule 101 of order 21. ..... factual score as appears from the plaint, it appears that one osman mullick made and created a wakf estate by a deed of wakf dated-august 13, 1904, whereby and whereunder the above-named osman mullick appointed himself as mutwali of the wakf estate and made himself a monthly tenant in respect of a shop room in one part of ..... 3 was appointed as the mutwali of the wakf estate and the business of osman mullick continued to be run in ..... under the wakf estate.4. .....
Tag this Judgment!Court : Kolkata
Reported in : (1900)ILR27Cal570
..... laid down in those cases to the facts of this case, the conclusion we come to is that the mode in which the property has been dealt with and the acts and conduct of the parties generally, are not sufficient to warrant the inference, that the tenancy in question was intended to be permanent at its inception or was converted ..... claim could not, in the case of a tenant, come within the scope of section 51 of the transfer of property act, even if that act applied to this case notwithstanding section 2, clause (c), because a tenant could not possibly believe in good faith that ..... filed by the defendant describe the estate as the taluq of the late mannujam begum, and not as wakf property, and that the question of wakf not having been properly raised in the court below, the defendant had not sufficient opportunity of meeting the ..... and it is further argued that the fact of the lessor being, as is shown by the kabuliyat itself, a mutwali or manager of wakf or endowed property who has no power to grant any permanent lease, and of the estate being held by ijaradars, would prevent the inference of any permanent grant, or ..... his lessor holds certain properties as to what kharij, that is, outside the endowment, and seeing also that the lease in his favour is itself in excess of the power of a mutwali of wakf property to grant. ..... 92 being wakf or endowed property; that the defendant was not a tenant-at-will; that the notice was bad in law; that the land in dispute was part of an ancient mourasi mocorari .....
Tag this Judgment!Court : Kolkata
Reported in : 18Ind.Cas.633
..... on behalf of the plaintiffs in a suit for a declaratory decree, which has been dismissed on the ground that under section 42 of the specific relief act, they were able to seek further relief than a mere declaration and had failed to do so. ..... the plaintiffs seek against the defendants, who are interested to deny the right of the plaintiffs as beneficiaries of an inalienable wakf, because two of them have mortgaged it as their private property and the other has accepted and enforced the mortgage on the ..... the court will not throw out a suit on the ground that it is barred by the proviso to section 42 unless it is satisfied beyond all doubt that the plaintiff ought to seek further relief and yet has claimed nothing ..... their case is that the second and third defendants were not competent to execute a mortgage of inalienable wakf property, and that, consequently, the decree obtained by the mortgagee is null and void and wholly ineffectual to affect the mortgaged ..... the plaintiffs, therefore, seek for a declaration that the subject-matter of the litigation is wakf (wherein they are interested as beneficiaries under the wakfnama), that the mortgage is null and void and that the decree based therein cannot be validly executed so as to ..... the case for the plaintiffs is that the property in dispute is wakf, that the second and third defendants, who are the husbands of the plaintiffs and mutwalis of the property, have, in violation of the trust, executed a mortgage in favour of the first defendant, .....
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