Court : Delhi
Reported in : AIR1977Delhi261; 14(1978)DLT45; ILR1977Delhi371
..... charitable institution'. in the deed of settlement dated november 26, 1946, it was described by the british government as 'a public educational charity'. all in all it comes to a charitable endowment. it can be properly called a charitable trust. the indian trust act will not govern it, as section i of that act lays down. what rai kedar nath created was a charitable trust as known to hindu ..... spent in the writ proceedings is excluded, under s. 14, limitation act, the suit is well within time. the high court of andhra pradesh has held that under s. 14 time taken in writ proceedings is deductable. (see : adari china narayana v. the commissioner for hindu religious and charitable endowments, andhra pradesh and others. 2nd 1962 andhra pradesh 865) (15). ..... rules of law applicable to wakf, and hindu religious endowments. s. 1 of that act lays down :- 'but nothing herein contained affects the rules of muhammadan law as to wakf, or the mutual relations of the members of an undivided family as determined by any customary or personal, law, or applies to public or private religious or charitable endowments . . . .' (27) delivering ..... issue no. 4 (60) it is in evidence of ram kanwar gupta, secretary of the managing committee (p.w. 10) that on october 27, 1969 a resolution was passed by the foundation authorising .....Tag this Judgment!
Court : Delhi
..... would obviously demand disclosure of reasons for the decision.33. in a constitution bench decision of this court in shri swamiji of shri admar mutt etc. etc. v. the commissioner, hindu religious and charitable endowments dept. and ors.: air 198.sc 1.while giving the majority judgment chief justice y.v. chandrachud referred to broom's legal maxims (1939 edition, page97) where the principle ..... the chairman who shall record the decision according to the views of the majority of the members including himself and, if necessary using his casting vote under sub-section (3) of section 11 of the act. (viii) the cmd submitted the following issues for consideration of the board of directors: (i) to accord the approval for show cause notice (annexure-iv) proposing to ..... page 865-866).25. in m/s. woolcombers of india ltd. v. woolcombers workers union and anr.: air 197.sc 2758.this court while considering an award under section 11 of industrial disputes act insisted on the need of giving reasons in support of conclusions in the award. the court held that the very requirement of giving reason is to prevent unfairness ..... of provident fund, leave salary/encashment of leave, etc. the board also authorized the chairman-cummanaging director to issue final orders and to take further necessary action in the matter. (x) the respondent was dismissed from service by order dated 29.04.2009, passed by its chairman cum managing director (cmd).3. counsel for the petitioner has submitted that for the .....Tag this Judgment!
Court : Delhi
Reported in : ILR1976Delhi61
..... be done by way of a suit in a civil court. (kakinada annadana samajam v. commissioner of hindu religious and charitable endowments, : 2scr878 , the ratio of which was reaffirmed by the supreme court in arya vyasa sabha v. the commissioner of hndus charitable and religious institutions and endowments, (civil appeal nos. 1984 1986 and 2115 of 1970 and 106 of 1971, decided on 24th november ..... belong to their religion. b. though anyone is free to establish and administer a school which does not seek recognition [section 3(3)] schools seeking recognition have to possess adequate funds, accommodation, teachers with prescribed qualifications and other facilities (section 4 and rule 50). c. grants-in-aid are given to all recognised schools who have a permanent income and reserve ..... in industry do not enjoy security of tenure but are compensated by higher emoluments as compared with government servants. teachers of all schools subject to the delhi school education act, 1973 will enjoy security of tenure on being confirmed. once they are confirmed, their service cannot be terminated. such termination will amount to removal or dismissal as the ..... 2scr757 . the reason for this approach is that freedom of speech is the very matrix of living democracy and the courts would stretch a point in its favor.(10) it is in line with the second of the abovementioned two approaches to the understanding of fundamental rights that the minorities petitioners claim to be entitled to admit to their .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1992)43ITD214(Delhi)
..... , section 5 of the indian trusts act did not apply to it. in our opinion the tribunal was right on this aspect. no writing, therefore, was necessary to create such an endowment. the tribunal referred to mulla's hindu law, para. 407, at p. 438, of the said edition, where the learned editor has stated that a hindu who wished to establish a religious or charitable institution, might ..... total wealth of the assessee. as already held above, the interest income accrued on the nre deposits is exempt from income under section 10(4a) of the act and that is included in the exemption allowed by section 6(ii) of the act. further it is also plain from the said provision that the entire debts owed to the assessee by the bank in the ..... .6. so far as the interest income accrued on nre account is concerned, it is certainly exempt under section 10(4a) of the act. attempt of the department to stretch section 10(4b) and to bring the assessee within the ambit thereof is patently a mis-adventure. section 10(4b) is applicable to any income from interest on saving certificates. there was no income to the assessee ..... -88 and, therefore, it is futile to enter into a hypothetical case. till the assessment year 1987-88, he was certainly a person resident outside india. in view of section 10(4a) of the act, any income from interest on moneys standing to the credit of the assessee in nre account in state bank of india in accordance with the foreign exchange regulations .....Tag this Judgment!
Court : Delhi
Reported in : AIR1974Delhi17
..... unstamped and that a private hindu charitable or religious trust call result from a will. at page 79 in the same volume it is observed: -'on the other hand it is quite open to him to create an endowment merely by renouncing his rights in specific property and indicating the particular religious charitable purpose for which the property ..... abinitio void the impugned decree was inoperative, ineffective and inexecutable against the property in suit. even within the scope of section 42 of the former specific relief act applicable on the date of the institution of the suit, which was filed on l6th august, 1961, respondent no. 1 could have sued for a mere ..... and which i must notice. before doing, that it would be appropriate to mention that the certified copies of the mortgage deeds mentioned in paragraph 10 of the plaint were exhibited as p-19 and p-20 in the course of the litigation. those mortgage deeds were executed by late pt. shambhu ..... appellant had filed a suit f or the recovery of rs. 3716/-against defendants 2 to 6 on the basis of the mortgages mentioned in paragraph 10 of the plaint and had obtained the final decree on 25th february, 1960, in suit no. 380 of 1957. it was alleged in paragraph 14 ..... of january. 1963.2. respondent no. 1, through his suit against the appellant and five others, sought a declaration that the mortgage deeds mentioned in para 10 (a) and (b) of the plaint and preliminary decree and the final decree passed on their basis in suit no. 3813 of 1957 were void, .....Tag this Judgment!
Court : Delhi
Reported in : 27(1985)DLT68; 1985RLR18
..... hardly sufficient to confer on them any locus standi to institute the suit inasmuch as the interest contemplated in section 92 must be real and substantial and not merely remote and potential, thus, according to the defendants, the plaint does not disclose any real or existing interest of the plaintiffs in the religious and charitable endowment in question. reliance in this connection has been placed ..... civil rule 4/82 for permission to institute a suit against the defendants in a representative capacity under section 92 of the code. d. r. khanna, j., made the following order thereon : 'subject to just exceptions, the permission to sue under section 92 c.p.c. is granted. suit be registered. summons to the defendants for 10-11-1982.' (3) 1.a. 383/ ..... are suing and so the purpose for which the suit was brought. this is the reason why trustees of public trust of a religious nature are precluded from suing under the section to vindicate their individual or personal rights'(10) reference in this connection may also be made to sugra bibiv. hazi kummu mia, : 3scr83 . (11) while browsing through the plaint, ..... civil procedure (amendment) act 1888 which amended the procedure then in force by substituting the words 'having an interest' for the words 'having a direct interest' in section 593 of the civil procedure code of 1877, was still of the view that to entitle a person to sue under section 92 civil procedure code ., it is not enough that the plaintiff is a hindu by religion, but he .....Tag this Judgment!
Court : Delhi
Reported in : 5(1969)DLT592
..... any section thereof shall have the right- (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property, and (d) to administer such property in accordance with law. the contention raise is that the appellant sri namdhari gurudwara. mohal ropa is a religious institution of ..... property owned by a religious institution must be completely prtoented for being interfered with in pursuance of all socio-economic legislation which has recently been enacted in this country. in support of the challenge, reliance has been placed by the learned counsel for the appellant mainly on a judgment of the supreme court in the commissioner hindu religious endowments v. sri lakshmindra thirtha ..... of law. the second decision cited on behalf of the respondents is chintamoni prathilri v. the state of orissa, in which acquisition of devadayam inam under section 3 of the orissa estates abolition act was held nto to interfere with the fundamental rights guaranteed under article 26, lastly, my attention has been invited to the state of bihar v. kameshwar ..... say that the vesting of these properties in the state under the provisions of the u. p. zamindari abolition and land reforms act in any way affected the charity adversely because the net income that the institutions were deriving from the properties had been made the basis of compensation awarded to them. (4) articles 25 to 28 have been .....Tag this Judgment!
Court : Delhi
..... the prescribed authority--(a) that he is a muslim, and(b) that, he is competent to contract within the meaning of section 11 the indian contract act, 1872 (9 of 1872 ), ..... of personal law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are muslims shall be the muslim personal law (shariat).3. power to make a declaration.-1) any person who satisfies ..... be said to be an attesting witness."28. it is also to be observed that the respondent had never taken this plea before the trial court that provisions of hindu law relating to attestation and execution of the will would not be applicable to mohammedan rather she has relied her case on those provisions hence the respondent cannot change her ..... sultan both have applied for the mutation of the suit property in their respective names in the municipal records but the matter is still pending there before the municipal authorities.10. after framing issues the trial court directed respondent no.3 to lead her evidence first. she examined n.c. bajaj, adv. as ow1, herself as ow2 and malik mohd. .....Tag this Judgment!
Court : Delhi
Reported in : 138(2007)DLT329; 2007(94)DRJ89
..... as provided by the religious endowments act, 1863 (20 of 1863, [or by any corresponding law in force in [the territories which, immediately before the 1st november, 1956, were comprised in part b states]], no suit claiming any of the reliefs specified in sub-section (1) shall be instituted in respect of any such ..... the appeal is presented without the knowledge, consent and authority of the appellant.13. so far as the requirement of the suit under section 92 being instituted by two or more persons is concerned, the prohibition is to be found in the statute itself. the object and reason for stipulating ..... non-compliance with the procedural requirement would not defeat the ends of substantial justice. reliance is also placed on the application under order 1 rule 10 of the code of civil procedure, 1908 filed by the plaintiff on 18th august, 2004 which application being is no. 6040/2004 is pending ..... shri surender kumar filed an application being is no. 9572/1999 under section 92 of the code of civil procedure, 1908 (which is hereafter referred to as the cpc). it was averred that late bhola nath had created a charitable trust in respect of property bearing municipal no. 1042 - 1046 bazar sita ..... of each case. the 'interest' which is required of a person wishing to sue under section 92 must be a substantial and not a sentimental or a remote interest. 18. on these principles, in 1997 aihcc 471 shollapuryamman temple trust v. arul migu shollapuri amman temple association (r) and ors., .....Tag this Judgment!
Court : Delhi
Reported in : 2008(103)DRJ137
..... of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in cases where the parties are muslims shall be the muslim personal law ( shariat ).the key words are 'notwithstanding any customs or usage to the ..... .04.2006) the petitioner and the complainant would be husband and wife. therefore, no case of rape can at all be made out in view of the exception1 to section 375 ipc.10. section 482 crpc provides that:nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders as may be ..... to mahomedan law. in no other law has the husband got a unilateral right to divorce his wife by a simple declaration because other laws viz. the hindu law or the parsi marriage and divorce act, 1936, contemplate only a dissolution of marriage on certain grounds brought about by one of the spouses in a court of law.three forms of talaq ..... 135 (2006) dlt 205;(ii) dagdu chotu pathan v. rahimbi dagdu pathan : (2002)3bomlr50 ;(iii) dilshad begum ahmadkhan pathan v. ahmadkhan hanifkhan pathan and anr. criminal revision applications 313 & 314/1997 decided on 17.1.2007 (bombay high court);(iv) shamim ara v. state of u.p. air 2002 sc 355.(2) consequently, the complainant continued to be the petitioner's .....Tag this Judgment!