...the people at large cannot be taken to be the donation of property of a permanent character which is the essential ingredient of the definition of “wakf” under the Act. If a property is s...Wakfs Act, 1960 (hereinafter referred to as “the Act”) for cancellation of registration. The property in question is stated to be a Muslim musafirkhana situate in Kazipura, City Bahraich, consisting...that had not been included in the plaint. The case put forth by the respondents is that the property in question was owned by a society of which the respondents have been office-bearers; that they have...

...relief of permanent injunction claiming that the property in dispute in his possession was given in oral donation by late Shri Gajender Pal Singh to him in July 1967 and since then he was residing in...of ownership of the property on the basis of donation by late Shri Gajender Pal Singh, and on the other hand, adverse possession on the property was sought to be claimed, which necessarily meant t...ownership of some one else is admitted. No evidence or document was produced on record to show prima-facie case of donation of property and as regards the claim of ownership on the basis ...

...mater. The inscription on the marble plaque cannot be construed as the conclusive proof of the donation of the property to any public temple. In the absence of any other documents indicating ...:- "3) The further question of law involved in the Second Appeal is whether the Marble Plaque can be relied upon to hold the suit property as the property belonging exclusive...: " Whether the Courts below were right in recording the finding that the property in question remained to be a private property of the plaintiff...

...and was found to be more than 200 meters. It W.P.(C).No. 5165 of 2018 3 is thereafter that in 2007, a new entry to the church was provided by donation of property by a devotee and this had resulted in...to be set aside. ii. To issue a writ of mandamus or any other appropriate order directing the respondents 1 to 7 to take emergent action against the 8th respondent after...conducting an enquiry on Exhibit P5 complaint of the petitioners. 2. Heard learned counsel for the petitioners, the learned Government Pleader as well as the learned counsel appearing for...

..., with the knowledge of the licensor as has been found by the trial court and the High Court. In view of the licensor's donation of the property to the school, and his subsequent conduct, the licensee...co-sharer's, to the detriment of his minor sons is devoid of any merit. No co-sharer or member of the joint family ever raised any objection to the donation of the property to the school by Raja R...against the judgment and decree of the Additional Civil Judge, Lucknow, dismissing the suit instituted by him for possession of the property in dispute.2. The property in...

...)(d)(i) of the Act, though such properties may generally form part of the assets of the trust constituting its corpus. Nor can it be accepted that even in cases of donation of ...also stated by the promisors that if the society returned the entire interest paid to the donor before the donation of the promissory notes to the society as well as the interest paid to the society...by way of donation did not constitute “funds” of the society and that it had not invested or deposited any of its funds after February 28, 1983, in any form or mode other than what is prescribed in...

...form part of the assets of trust constituting its corpus. Nor can it be accepted that even in cases of donation of property, movable or immovable, it is incumbent on the part of the recip...entire interest paid to the donor before the donation of the promissory notes to the Society as well as the interest paid to the Society subsequently, they may consider the return of the loans treating..., the Society maintained that the promissory notes received by it by way of donation did not constitute 'funds' of the Society and that it had not invested or deposited any of its funds after 28-2...

...Property Act and Sections 3 and 6 of the Indian Trusts Act, 1882 to contend that the donation of the property by a registered gift deed amounted to creation of the Trust and hence the pla...27.05.1981. It was specifically recorded in the gift deed that apart from the institution, to whom the property is being gifted, no one would have any concern with the same. It is the allegation of the.... 2 is the owner of the property and defendant No. 1 is restrained from alienating the same. However, in appeal, when both the parties had challenged the judgment of the trial Court, learned First...

...) The facts found make out, at best, an intention of Bai Ruxmani to donate but not the completion of a donation required by law for divesting the donor of interest in the property under consideration...not apply for the transfer of shares, so as to indicate his acceptance of the gift before the donor died, the purported donation was frustrated by reason of Section 122 of the Transfer of ...that some interest of the principal or the donor in the property said to be donated continued, or, in other words, the assumption behind it was that the donation of shares was not complete in the eye of...

...or any other tangible property but such donations though convertible in terms of money do not fall within the scope of Section 80-G(2)(a) entitling an assessee to deduction. Donation of shares of ...face value of Rs 2012,50,000 to each of two trusts, namely, H.H Maharani Setu Parvati Bayi Trust and H.H Princess Lakshmi Bayi Trust. The total donation, according to the assessee, amounted to Rs...deduction from his income on the amount of money paid by him as donation to the authorities and for the causes specified therein. The use of the expression “any sums paid” contemplates payment of an...

...without any demand or appeal for the same and that subscription or donation made on appeal being made by people at large cannot be taken to be the donation of property of permanent character which is the...treat the petitioner society and its properties "as Waqf' and "Waqf Property" under the Provisions of the Waqf Act, 995 ( 43 of 995). http://www.judis.nic.in...dedication of the property as is contemplated under Section 2(r) of the Waqf Act, 995 by the petitioner and therefore there is no question of treating the petitioner society or its properties as a...

...living with defendant No.1 and Abdul Rehman to serve them. Learned trial court has quoted extensively from (Ex.3) and phrases stressed by the trial court goes to show that donation of property and its...for declaration of the sale-deed dated 6.9.1968 as null and void, possession of the property etc. The facts in brief for the purpose of deciding the appeal are that plaintiffs-original respondents No....1 to 4 filed a suit for declaration, seeking possession and injunction for the disputed property i.e. shop. The case of the plaintiffs before the trial court was that the disputed property i.e. a shop...

...living with defendant No. 1 and Abdul Rehman to serve them. Learned trial court has quoted extensively from (Ex. 3) and phrases stressed by the trial court goes to show that donation of property and...6.9.1968 as null and void, possession of the property etc.2. The facts in brief for the purpose of deciding the appeal are that plaintiffs-original respondents No. 1 to 4 filed a suit for...declaration, seeking possession and injunction for the disputed property i.e shop.3. The case of the plaintiffs before the trial court was that the disputed property i.e a shop...

... photocopy of a true copy of alleged donation deed placed on record is a scrap. It is settled law that transfer of immovable property worth more than Rs.100/- can be done onl...title. It was argued that whether the donation of the property made in 1996 was valid or not was not an issue that could be gone into by the probate court, which at best could only conclude whether Will...Judge to conclude that the Will was not genuine. We are of the opinion that the learned Single Judge was rather overly influenced by the manner in which the donation was allegedly made of the property...

...was not a sum of money which was paid by the assessee but the donation was of movable property, viz., the kiln. Characterising the said contention as technical in the extreme, the learned judges...section than on a true understanding of its objects." 13. If the Tribunal by the said observations intended to say that Section 88 permits rebate even on the donation of movable or immovable...Officer as well as the Appellate Assistant Commissioner rejected the claim on the ground that the donation was not made in cash which is essential for the application of Section 88 of the Act...

...of the case, was the Appellate Tribunal justified in holding that there was a donation of immovable property even though there was no valid transfer of title by a registered conveyance...the case, the Appellate Tribunal was right in holding that the words ‘sum paid’ would include donation in kind for the purpose of section 35(2A).2. On the facts and in the circumstances...P. Venkatarama Reddy, J.:— The Revenue sought reference of the following three questions for the opinion of this court:“1. Whether, on the facts and in the circumstances of...

...security or adequate interest or both”. This clause clearly provides that the income or property of the trust should be lent to the person specified in sub-section (3). In the present case, the trustees of the trust have no..., the Tribunal was right in coming to the conclusion that the receipt of such a donation did not amount to the assessee lending its income or funds or property to a person of the kind specified in...Sujata Manohar, J.:— The assessee is a public charitable trust. The trustees of the trust received by way of a donation, fixed deposit receipts with Messrs. Raja Bahadur Motilal Mills Ltd...

...by the first appellate court on appeal by the defendants. Both the courts held that the donation of the suit land by Naidu was not in conformity with Section 17 of the Registration Act and Section 12 of the Transfe...the Bhoodan Act of 1958 and the Bhoodan (Amendment) Act of 1964; as such the provisions of these two Acts could not save the donation of the suit land by Naidu to Bhoodan Board from the operation ...declaration shall be published in the Fort St. George Gazette and on such publication, the donation of land shall, subject to the provisions of Section 23, be irrevocable.”14. S...

...donation, mortgage or sale of immoveable property during a season of distress, for the sake of the family and especially for religious purposes”. Such family debt, however, stands on quite a different...father's undivided coparcenary interest in the ancestral property but from the entire interest of the father and the sons in the same. The execution proceedings showed that the creditor intended to attach...the interests of his sons, nor could he represent them in any suit or proceeding. What the purchaser acquired by the execution sale was not any interest in a specified portion of the joint property, but...

...not come into force and lastly there is no delivery of property effected under the donation deed dated 11.10.1971 and since the 3 major conditions prescribed under Section 126 of the Transfer of...Property Act had not been complied with, the said donation deed is invalid and void ab initio. Similar is the case in the second donation deed dated 29.01.1988. Therefore, it is the contention of the...submit that the property belongs to him exclusively by virtue of the registered donation deed dated 21.09.1988. The said Kamalatchi Ammal who is the mother of the plaintiff and the defendants 1 to 5 and...