Mutawalli - Law Dictionary Search Results
Home Dictionary Name: mutawalliMutawalli
Mutawalli, 'Mutawallis' of a wakf are more like receivers appointed over the property than trustees and they have no errate or interest in it, Mahendra Narayan v. Abdul Gafur, 59 Cal 586.Mutawalli, A 'mutawalli' is more like a manager than a trustee and so far as the wakf property is concerned, has to see that the beneficiaries get the advantage of usufruct, Bibi Siddique Fatima v. Saiyed Mohammad Mahmood Hasan, AIR 1978 SC 1362 (1369): (1978) 3 SCC 299: (1978) 3 SCR 886.Means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this Act, any person, committee or corporation for the time being managing or administering any wakf ...
Benefit
Benefit, does not include any benefit which a mutawalli is entitled to claim solely by reason of his being such mutawalli. [Wakf Act, 1995 (43 of 1995), s. 3 (b)]The word 'benefit' in the context means for the immediate benefit of the individual or his wife or minor child, Yeshwant Rao Ghorpode v. CWT, AIR 1967 SC 135 (137): 1966 Supp SCR 419. [Wealth-tax (Amendment) Act, 1964 s. 4(i)(iii)]Where a person derives a pecuniary advantage as a result of or in connection with the commission of an offence, he is treated as if he had obtained thereby a sum of money equal to the value of the pecuniary advantage, R. v. Righby, (2006) 1 WLR 3067....
Therein
Therein, the word 'therein' does not mean that all the act of consumption must take place in the area of the municipality, Burmah Shell Oil Storage and Distribution Co. v. Belgaum Borough Municipality, AIR 1963 SC 906: (1963) 2 Supp SCR 216.The true meaning and construction of the word 'therein' in the expression 'any person interested therein' appearing in sub-s. (1) of s. 6. In order to understand the meaning of the word 'therein' in our view, it is necessary to refer to the preceding words 'the Board or the mutawalli of the wakf' which immediately precedes it. It cannot refer to the 'wakf property'. Sub-s. (1) of s. 6 enumerates the person who can file suits and also the questions in respect of which such suits can be filed. In enumerating the person who are empowered to file suits under this provision, only the Board, the mutawalli of the wakf, and 'any person interested therein', thereby necessarily meaning any person interested in the wakf, are listed. It should be borne in mind ...
Person interest in wakf
Person interest in wakf, means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes:(i) any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, khangah, maqbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf;(ii) the wakf and any descendant of the wakf and the mutawalli. [Wakf Act, 1995, s. 3(k)]...
Person interested in Wakf
Person interested in Wakf, 'person interested in a wakf' means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes, - (i) any person who has a right to worship or to perform any religious rite in a mosque, idgah, imambara, dargah, Khangah, makbara, graveyard or any other religious institution connected with the wakf or to participate in any religious or charitable institution under the wakf; (ii) the wakf and any descendant of the wakf and the mutawalli, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCC 468: (1979) 2 SCR 148....
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