Judgment Search Results Home > Cases Phrase: wakf act 1995 Court: madhya pradesh Page 9 of about 7,051 results (0.106 seconds)

Swami Indradevanand Guru Swami Shri Parmanandji Vs. the State of M.P. ...

Court : Madhya Pradesh

Reported in : AIR1977MP102

..... learned deputy government advocate contending inter alia, that the writ petition is liable to be dismissed in limine on the ground that the petitioner has effective and efficacious alternative remedy by way of suit under section 8 of the act and even on merits the inquiry by the registrar under section 5 is just, proper and valid and the registrar has recorded his findings after due and proper inquiry under section 6 to the effect that ..... of the institution, that shitaleshwar mahadev mandir is not a public trust but a private institution exclusively owned by the petitioner and the properties belong to him and the registrar should have recourse to sections 25, 26 and 27 of the act for the appointment of the trustees, that in any event, there is no proper inquiry and the inquiry was defective and there was no notice nor notification as contemplated by rule 5 and consequently the entire proceedings are ..... section 2 (4) defines 'public trust' as 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, 'register' is defined in sub-section (5) meaning a register maintained under sub-section (2) of section 3 of the act, sub-section (6) of section 2 defines 'registrar' as registrar of public trusts, indicated under section 3 (1) of the act. .....

Mukutsingh Sikarwar and ors. Vs. Moorti Shri Dwarkadhishji and ors.

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ273

..... has contended that on plaintiff's own admission, the property in question in respect to which management rights were only claimed by the plaintiff/society, was ''public trust' within the meaning of section 2(4) of 1951 act, which i quote :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 of anyother religious or cheritable endowment and a society formed for a religious or charitable purpose.'4. ..... it is his contention that plaintiff/society is not registered under 1951 act and admittedly its registration is under the 1973 act, which exercise was misconceived and that it vested in the plaintiff no manner of right in regard to management of the trust ..... although it is an appeal challenging the order passed on 20-2-1990 by the trial court purporting to act under order 39, rules 1 and 2, civil procedure code, the contentions pressed assailing that order are of far-reaching ..... is lacking in them obviously is a legal competence claiming right to management under the 1951 act of the said property because they are not persons recognised as trustees under the 1951 act by the competent authority, namely, the registrar of public trusts.8. ..... counsel appearing for the plaintiff/respondent has, however, drawn my attention to certain averments in the plaint to submit that the proper procedure envisaged under section 5 of 1951 act was not followed in passing the order aforesaid, dated 14-7-1981. .....

Smt. Shabana Bano Vs. Imran Khan

Court : Madhya Pradesh

Reported in : 2009(1)MPHT516

..... explanation:- the suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:(f) a suit or proceeding for maintenance;(g) *** *** ***(2) subject to the other provisions of this act, a family court shall also have and exercise-(a) the jurisdiction exercisable by a magistrate of the first class under chapter ix (relating to order for maintenance of wife, children and parents) of the code of criminal ..... it is also true that had impugned order been passed by a magistrate, the case would have been remanded for deciding the rights of the petitioner under sections 3 and 4 of the act, as observed by the apex court in the case of iqbal bano (supra), but as observed herein above, the impugned order has not been passed by a magistrate, but instead ..... such provision, whether separate application is required or in the same application filed under section 125 of cr.pc, right of the divorced wife under section 3 of the act can be considered this dispute has been decided by the hon'ble apex court in its recent judgment having more or less similar facts in iqbal bano v. ..... woman who has not remarried and who is not able to maintain herself after iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from ..... the magistrate may direct the state wakf board established under the act to pay such maintenance. .....

Jayant Avashiya Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2005(1)MPHT481; 2004(4)MPLJ315

..... /2002, the charges were that the applicant has granted sanction for construction of building on the land of wakf board without granting sanction by town and country planning department for construction of multi-purpose complex. ..... this case, the matter was against the appellate committee appointed by the corporation under section 403 sub- section (3) of the act and that appellate authority was discharging the function of judicial or quasi judicial authority. ..... heard the learned counsel for parties and after perusing the record, it is crystal clear that the applicants were not acting as judicial or quasi judicial authority. ..... the other hand, the learned counsel for state has submitted that the applicant did not act as a judicial or quasi judicial authority. ..... have filed these revisions against the order dated 7-2-2002 whereby the learned trial court has framed the charge against the applicants under section 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 (hereinafter for brevity called as 'the act').3. ..... municipal corporation act, 1956.5 ..... passing of any illegal order, the inference can not be drawn for prosecuting the members of the committee and other accused persons with the help of section 120b of ipc or under the offences of the act.6. ..... , the only point has been argued on behalf of the applicants that merely illegal exercise of power would not be sufficient to prosecute a public servant for the charge under section 13(1)(d) read with section 13(2) of the act. .....

M/S Hindustan Traders. Vs. Regional Provident Fund.

Court : Madhya Pradesh Jabalpur

..... in the case at hand when the facts elaborated by the competent authority are scanned through the definition of the "employee" as it appear under section 2 (f) of the act of 1952, it leaves no iota of doubt that the persons who were claimed to be the night watchman and a part time gardener of a residential building in the precincts were "in employment in connection with the work of the establishment".11. ..... now therefore, i, ashok kumar, assistant provident fund commissioner, having heard the submissions examined the facts and perused the records placed before me in exercise of the powers conferred upon me vide section 7-a of the act hold that shri heeresh and shri vijaykant are employees employed in connection with the work of the establishment and the estt. ..... the question raised is as to whether the competent authority and tribunal were justified in holding the applicability of act to the petitioner on the ground that there were 20 employees on role when the firm was inspected.8. ..... the petitioner did not accept the coverage and did not report compliance with the provisions of the act, on the ground that the persons whose name appeared at serial no. ..... is nothing but an afterthought to evade the liability under the act and affidavit submitted might have been obtained from poor employees under duress, hence cannot be accepted. ..... (please see hamdard (wakf) laboratories v. dy. .....

Julekha Bi D/O Ummed Ali and anr. Vs. Mohammad Fazal S/O Habibulla

Court : Madhya Pradesh

Reported in : 1999(2)MPLJ64

..... is contended on behalf of the wife that once an order under section 125(1) of the code was passed in her favour, she is entitled to execute it and the provisions made in the muslim women (protection of rights on divorce) act, 1986 (hereinafter to be referred to as the act) do not debar her from enforcing the order which was passed in her favour when the marriage subsisted. ..... , 1994 mplj 583 it has been held that the moment a muslim wife is divorced, provisions of the act would come into play and her application would be governed by the provisions of the act for the period after the date of the divorce. ..... section 4 of the act, liability to pay maintenance to a divorced woman if she is unable to maintain herself after the period of iddat devolves upon certain relatives other than the husband and if they are unable to pay then on the wakf board. ..... hasinabee, 1995 mplj 664, 1995 jlj 110 in support of his plea, in that case it has been held that a divorce granted at the revisional stage would not affect the order of maintenance under section 125(1) of the ..... from a plain reading of section 3 of the act, it is manifest that a reasonable and fair provision has to be made for payment of maintenance to the muslim wife during the period of iddat by her former ..... it has been observed that the act was passed as a sequel to the judgment in ..... the effect of the provisions of the act is that she is excluded from the inclusive definition of 'wife' given in explanation (b) to section 125(1) of the code .....

Wali Mohammed Vs. Batulbai

Court : Madhya Pradesh

Reported in : 2003CriLJ2755; [2003(4)JCR625(MP)]; 2003(3)MPHT113; 2003(2)MPLJ513

..... of such an order by taking recourse to sub-section (3) of section 127 of cr.pc, on his showing that he within the iddat period, has made reasonable and fair provision for the future of his divorced wife in terms of section 3(1)(a) of the act and has also paid the amount of mahr and returned the properties as contemplated in clauses (c) and (d) of section 3(1) and as interpreted by the apex court in danial latifi (supra). ..... (3) a divorced muslim woman who has not remarried and who is not able to maintain herself after the iddat period can proceed as provided under section 4 of the act against her relatives who are liable to maintain her in proportion to the properties which they inherit on her death according to muslim law from such divorced woman including her children and parents. ..... (iii) whether a non-divorced muslim woman is entitled to continue the proceedings under section 125(1)(a), cr.pc instituted after the enforcement of the muslim women (protection of rights on divorce) act, 1986, if during the pendency of the said proceedings, she is divorced by her husband simply to avoid the liability of maintenance under the code of criminal procedure and,(iv) what decision has to be followed by the subordinate courts in case of ..... if any of the relatives being unable to pay maintenance, the magistrate may direct the state wakf board established under the act to pay such maintenance.10. .....

Saiyyad Mehfooz Ali Vs. Chief Executive Officer

Court : Madhya Pradesh

1 w.p.no.13511/2012 saiyyad mehfooz ali versus chief executive officer & ors.24.08.2012 shri r.s.siddiqui learned counsel for the petitioner. the learned counsel for the petitioner, prays for and is granted liberty to withdraw the petition with liberty to assail the impugned order before the appellate authority in accordance with the provisions of the wakf act. he further prays that till appropriate orders on the application for stay/interim orders are passed by the appellate authority, parties be directed to maintain status quo. looking to the circumstances of the case, while granting liberty to the petitioner to assail the impugned order before the appellate authority, it is observed that till orders are passed by the appellate authority on the application for interim relief, status quo as it exists today shall be maintained by the parties. with the aforesaid liberty and observation, the petition filed by the petitioner stands disposed of as withdrawn. c.c as per rules. ( r.s.jha ) judge mms/-

Sheikh Rafiq Vs. Karim Bax

Court : Madhya Pradesh

cr.r.no.188/2013 25.3.2013 shri jaideep sirpurkar, counsel for the applicants. shri adil usmani, counsel for the respondent. with consent of learned counsel for the parties the present revision petition is hereby disposed of with the direction that the learned jmfc, betul shall decide the application as per provisions under section 68(2) of the wakf act, 1995 by considering all the objections raised by the parties. if it is found that the tenure of the respondent was already over and matter turned infructuous then such findings shall be specifically recorded. both the parties be given an opportunity of hearing and production of all the documents which they possess. copy of the order be sent to the trial court as well as the appellate court for information and compliance. (n.k.gupta) judge bina

Nandkishore Mohanlal Vs. Jhunjhunwala and Co. and ors.

Court : Madhya Pradesh

Reported in : AIR1990MP331; 1990MPLJ382

..... nath, air 1940 oudh 148 (fb), also it was held that when a plaintiff sues in a representative character such as mutawalli, trustee or a shebait, personal property of the plaintiff is not to be taken into consideration and only property of the wakf or trust in the hands of the plaintiff in the representative capacity should be taken into account to determine whether he has sufficient funds to pay court-fees prescribed by law. ..... explanation iii to rule 1 of order 33 of the code has now been inserted by the amendment act of 1976 which provides that where the plaintiff sues in a representative capacity, the question whether he is an indigent person or not shall be determined with reference to the means possessed by him in such capacity. ..... 1960 pun 73) (supra) it was held that in considering the question whether the plaintiff is a pauper, only assets of person, juristic or otherwise on whose behalf the suit is brought and not the personal property of the person acting in the representative capacity are to be taken into consideration. ..... workers' union, air 1961 patna 15, a division bench held that a registered trade union which is a body corporate within the meaning of section 13 of the trade unions act can institute a suit in forma paupersis. ..... 'clause (b) of explanation 1 inserted by amendment act of 1976. ..... the appellant/plaintiff is a partnership firm registered under the indian partnership act, 1932. .....