Judgment Search Results Home > Cases Phrase: wakf act 1995 Court: madhya pradesh Page 7 of about 7,051 results (0.098 seconds)

Fatimabi and ors. Vs. Madarsa Talimmul Kuran Trust and ors.

Court : Madhya Pradesh

Reported in : 2009(3)MPHT353

..... while dismissing the revision, it is observed that in case the application filed by the respondents under section 4 of the act is rejected by the registrar, public trust, the petitioner shall be entitled to re-agitate the matter before the trial court in accordance with law and the impugned order shall not come in their way for pressing ..... in this case, it was not in dispute that the reliefs as prayed by the plaintiff which are quoted hereinabove, relates to enforcement of right on behalf of public trust in respect of which an application under section 4 of the act was pending before the registrar, public trust. ..... waqf board, bhopal and as per the provisions contained in section 90 of the waqf act, notice to the waqf board was mandatory. ..... - (1) no suit to enforce a right on behalf of a public trust which has not been registered under this act shall be heard or decided in any court. ..... for ready reference section 32 of the act is quoted below:32. ..... section 32 of the act creates a bar to hear and decide the suits. ..... public trust act, 1951 (hereinabove referred as 'the act'). ..... public trust act, 1951 nullify the general powers of superintendence of trust which envisaged in section 92 of cpc. .....

Jagdambe Niwad Co. Vs. Punjab National Bank

Court : Madhya Pradesh

Reported in : AIR1992MP35

..... government hereby remits in the whole of the state of madhya pradesh, the court-fees mentioned in articles 1-a and 2 of the first schedule and articles 5, 17 and 21 of the second schedule to the said act payable on plaint by the following categories of persons whose annual income immediately preceeding the date of presentation of plaint from all sources does not exceed rupees six thousand, namely: (items i to vii) not relevant ..... all officers of the banking company transacting business at any particular branch or branch office act on behalf of the banking company and in that regard, accordingly, the banking company invests such officers with requisite powers and authorities of which the sole ..... or branch offices do not have under the said act, separate or distinct personality and they cannot be considered ..... affairs and administration of an imambarah founded under a waqfnama and provisions of religious endowments act 1863 and bengal waqf act, 1934 came to be construed there. ..... of articles 15(4) and 39a, exemption is contemplated under the notification from payment of court-fees in respect of all pleadings included in the various specified articles of the court-fees act to provide partial 'legal aid' to the needy. ..... section 5(cc) of the banking regulation act, 1949 defines the terms 'branch or branch office' to refer, inter alia, 'any place of business where any other form of business referred to in subsection (1) of section 6 is transacted' and according to section 6(3)(a), 'in addition .....

Mohammad Kasam Abdul Rehman and anr. Vs. Abdul Gafoor Ahmedji and ors.

Court : Madhya Pradesh

Reported in : AIR1964MP227

..... absence of any record or documentary evidence about the area, it will be unsafe todeblare a property wakf and deprive the person in actualpossession from time immemorial through his predecessorsof the property. ..... court has found that the property is a wakf property and the kabarstan, a public kabarstan; therefore the defendants who are trustees and have committed several acts of misconduct have made themselves liable for removal. ..... two contentions have been raised, first, that the court has erred in coming to the conclusion that the property graveyard was a wakf property and even assuming that the graveyard is a wakf property, the portion on which there are buildings and constructions, cannot be held to be a wakf property as it was never used as a graveyard, private or otherwise.8. ..... the plaintiffs prayed for a declaration that the property, the graveyard is a wakf property and the construction on that property belonged to the muslims in general and never was nor is the personal property of ..... the reliefs granted are a declaration that the suit land is a wakf property and not personal property of the defendants; that the defendants are to be removed from the office of the trusteeship and they shall be removed after the passing of a final decree and appointment of ..... even wakf validating act 1913 cannot validate such a private wakf.26a ..... the wakf validating act of 1913 makes only lawful a wakf for following purposes (a) for the maintenance and support wholly or partially of his family, .....

Balram Chunnilal and ors. Vs. Durgalal Shivnarain

Court : Madhya Pradesh

Reported in : AIR1968MP81

..... p c 77 this decision was given after the amendment of 1929; but the dispute itself arose before and the amendment nol being retrospective it was held--'mutawalli or sajjadanashin is merely a manager of the wakf property, the ownership of which vests in god almighty mutawalli or sajjadanashin is not a trustee as understood in the english system and under section 10 as it stood before the amendment'applying this principle to ..... sir swarup chand hukum chand, a firm, air 1948 pc 76 the same principle is reiterated:'in law a title by adverse possession can be established against wakf property, but it is clear that a trustee for a charity entering into possession of property belonging to the charity cannot, whilst remaining a trustee, change the character of his possession and assert that ..... 1946 nag 401 which was a case about a muslim wakf it was held:'where a person is a mutawalli of a public charitable trust, all his acts which are claimed as acts showing adverse possession are referable to his lawful fiduciary ..... no doubt made in 1933 but even on that date the limitation act in the indore state was the indore limitation act which followed the indian limitation act, but did not have an amendment to section 10 such as had ..... in this connection the appellant has urged that under section 10 of the limitation act the defendant cannot plead limitation because the word 'trustee' there is used in a wide sense so as to include the mutawalis or shebaits or other persons in charge of a hindu .....

Madhya Pradesh Wakf Board Vs. Shahabuddin

Court : Madhya Pradesh

..... learned counsel for the appellant submits that the suit in question was filed by the respondent/plaintiffs relating to the land which have been notified as a wakf land in the year 1989 and, therefore, in view of the provisions of sections 6 and 85 of the wakf act, 1995 (hereinafter referred to as 'the act').the civil suit filed by the respondent/plaintiffs was not maintainable as the civil court has no jurisdiction to entertain the matter on account of the exclusion ..... rais and others versus madhya pradesh wakf board and others.2005 (1) sccd 16 and of this court in the case of amil hakimuddin and others ..... 2 s.a.no.762/2009 madhya pradesh wakf board versus shahbuddin and ors both the courts below have considered and rejected the aforesaid contention of the appellant by relying upon the decisions of the supreme court rendered in the cases of the board of muslim wakfs, rajasthan versus radha kishan and others.air 197.sc 289.punjab wakf board versus gram panchayat alias gram sabha, (2000) 2 scc 121.abdul ..... within time as the notification of the year 1989 was issued without any notice or hearing to the respondent/plaintiffs and that the dispute does not relate to a dispute between the wakf and its mutawalli or a person interested in the .....

Chintamani Chandra Mohan Agarwal and ors. Vs. State of Madhya Pradesh ...

Court : Madhya Pradesh

Reported in : 1994(0)MPLJ597

..... 2, a wakf registered under the wakf act, 1954 and feel aggrieved by the notification dated 7-9-1989 published in madhya pradesh rajpatra of the said date, issued by the respondent no. ..... state of tamil nadu, air 1985 sc 257, where the constitutional validity of a similar provision in tamil nadu buildings (lease and rent control) act, 1960 was challenged and the challenge was repelled relying on the decision in kanhaiyalal's case. ..... under the circumstances, the constitutional question requiring decision of this court is whether section 3(2) of the act is a constitutionally valid provision and whether the notification annexure b has been issued in accordance with law.5 ..... 2 has filed reply to the application for ad interim writ and has submitted that the notification having been issued in exercise of powers under section 3(2) of the act which is constitutionally valid, the petitioners are not entitled to any relief from this court. ..... the specific claim is that since the petitioners were enjoying the benefit of the protection of the act, the said protection could not be withdrawn without giving them the opportunity of hearing. ..... they submit that the notification dated 7-9-1989 (annexure b) not only illegally deprives them of the protection of the act but also subjects them to discriminatory and arbitrary treatment in the hands of respondent no. 2. ..... apparently, therefore, there should be some reason for the respondent state to exempt such a wakf from the operation of all provisions of the act. .....

Haji Mohd.Shah Vs. Mahant Mehmood Shah

Court : Madhya Pradesh

..... general, for respondent no.3 -------------------------------------------------------------------------------------- whether approved for reporting: yes / no.order 07/03/2013 per rajendra menon, j :- challenge in this writ petition under article 227 of the constitution is made to an interlocutory order-dated 12.1.2007, passed by the mp state wakf tribunal, bhopal in case no.9/2003, by which an application filed by the petitioner under order i rule 10 of the code of civil procedure, has been rejected. ..... plaintiff/respondent no.1 mahant mehmood shah has initiated the proceedings against the mp wakf board and the state of madhya pradesh with regard to his right to the property and the act of wakf board in only treating him as a mutwalli . ..... 3- this application has been rejected by the learned wakf tribunal mainly on the ground that it has been filed at the stage of final hearing after evidence of the parties have been recorded, it is also held that as the petitioner can always file a fresh suit claiming ..... impugned order-dated 12.1.2007 passed by the mp state wakf tribunal is quashed. .....

The State of Madhya Pradesh Vs. Mother Superior Convent School and anr ...

Court : Madhya Pradesh

Reported in : AIR1958MP362

..... which are pertinent for consideration, are (i) public trust, (ii) trustee and (iii) working trustee, which are defined in section 2 as below:'in this act, unless there is anything repugnantin the subject or context --* * * * * ** * * * * * (4) 'public trust' means an express or constructive trust for a public, religious or charitable purpose and includes a temple, a 'math', a mosque, a church, a wakf or any other religious or charitable endowment and a society formed for a religious or charitable purpose:* * * * * *(7) 'trustee' means a ..... at the hearing of these two petitions a preliminary objection was taken by the answering respondents that the state of madhya pradesh had no locus standi under the act and that no petition can be entertained at the instance of the state government for considering a question decided by the registrar of public trusts.i shall deal ..... include in the definition of 'trust' trade unions and electrical undertakings.but i need not go to this argument even, because in my opinion the scheme of the act itself shows that what was intended was to regulate, not religious institutions but religious institutions impressed with the character of a public trust ..... the prefecture apostolic said that the property belonged to him because the prefecture was registered under the companies act and the property was administered in accordance with canon law, while the mother superior contended that the property belonged to the band of pious ladies who had united together for .....

Commissioner of Wealth-tax Vs. Begum Hashmatbi

Court : Madhya Pradesh

Reported in : [1970]77ITR586(MP)

..... the main contention raised by the learned counsel for the revenue is that the document dated 14th october, 1953, is merely a will as the wakf under that document is to come into existence after the life of the assessee and the properties to which the document relates belong to the assessee and are held by her without any trust or ..... the effect of the document is immediate dedication of the corpus of the properties with reservation of life interest in the income, the document will amount to wakf, whereas if the dedication is to come into effect after the death of the executant, the document will amount to a will: [jaun bebee v ..... not, however, want to express any opinion on this point as on our finding that the document with which we are concerned is a wakf, the point when a joint and mutual will can be revoked does not arise for our consideration.15. ..... but for bringing the case within the exception, it will have to be considered whether the wakf property, in the instant case, where nearly the whole of the income during the life of the assessee is being utilised for her maintenance, was held on the valuation date for any public purpose of a ..... are not directly in point and we do not propose to decide whether the assessee's case falls within the exception contained in section 5(1)(i) of the act, for our finding that the properties covered by the wakf-deed cannot be included in the net wealth of the assessee under section 3 of the act is in itself sufficient to answer the reference.16. .....

Commissioner of Income-tax Vs. Dawoodi Bohra Jamat

Court : Madhya Pradesh

Reported in : [2009]317ITR342(MP); [2009]184TAXMAN222(MP)

..... regard to the second question, learned counsel appearing for the appellant submitted that the income-tax appellate tribunal has committed an error while deciding the issue of applicability of section 13(1)(b) of the act and that the case of the appellant is covered by the judgment of this court in the matter of shri dhakad samaj dharamshala bhawan trust v. ..... -tax appellate tribunal has held that since the respondent is a religious trust, therefore, the provisions of section 13(1)(b) of the act will not be applicable because the same are applicable in the case of the trust established for charitable purposes. ..... agree with the learned counsel for the assessee that the objects of the assessee-trust, as explained in the registration application under section 12a/12aa of the act, are derived from the objects of the trust, as have been mentioned briefly in the certificate of registration as noted above. ..... this appeal has been filed by the department under section 260a of the income-tax act, 1961 ('the act' hereafter), against the common order dated march 28, 2008, passed by the income-tax appellate tribunal (itat) in ..... public trusts act, 1951, provides the meaning of public trust means an express or constructive trust for a public, religious or charitable purpose and includes a temple, a math, a mosque, a church, a wakf or any other religious or charitable endowment and a society formed for a religious or charitable ..... barkate saifiyah society : [1995] 213 itr 492 and in the matter of cit .....