...Judge at Pakur in 1960 for a declaration that the hiba-bil-ewaz, dated February 9, 1959, executed by him, was void and inoperative due to fraud and misrepresentation proceeding from the donee, Afsar..., it was necessary to execute a fresh deed of cancellation. With this misrepresentation, Afsar got executed and registered in his favour a hiba-bil-ewaz purporting to be a transfer of 12½ bighas of...land by the plaintiff. Thereafter Afsar sold some of the land which he had obtained under the hiba-bil-ewaz to Defendant Appellant 2. This sale deed executed by Afsar was bogus and without consideration...

...wife, the 4th plaintiff in lieu of dower, and the remaining three-quarters to the first three plaintiffs by a hiba bil ewaz in consideration of a copy of the Koran. The Counts below have decreed the suit...and the defendants appeal. 2. The first point taken is that the so-called hiba bil ewaz in favour of the first three plaintiffs is not a hiba bil ewaz at all, but a simple ...-called gift was a sale. According to the plaint it was made in consideration of a dower debt of Rs. 49, and on account of right of inheritance." Such a transaction is usually described as a hiba bil ewaz with...

...as such a transaction is not a true Hiba-bil-Ewaz, but a sale, and so can only be effected by a registered instrument. On account of the conflict between the two Bench decisions of this Court, this.... Therefore, it cannot be a case of pure hiba, as a hiba to be good has to be without any exchange. It will really be a case of ‘Hiba-bil-Ewaz; as defined by Mulla, in his Commentaries on Principles of...Mohammedan Law (Seventeenth Edition), in Paragraph 168, as follows:—“A hiba-bil-ewaz, as distinguished from a hiba or simple gift, is a gift for a consideration. It is in reality a sale, and...

..., the 4th Plaintiff, in lieu of dower, and the remaining three-quarters to the first three Plaintiffs by a hiba bil ewaz in consideration of a copy of the Koran. The Courts below have decreed the suit...and the Defendants appeal.The first point taken is that the so-called hiba bil ewaz in favour of the first three Plaintiffs is not a hiba bil ewaz at all, but a simple hiba.... According to the plaint it was made in consideration of a dower-debt of Rs. 49, and “on account of right of inheritance.” Such a transaction is usually described as a hiba bil ewaz, with respect to which it...

...a hiba-bil-ewaz; and that a hiba-bil-ewaz was a sale and not a gift pure and simple. The cases of this Court cited before the Bench showed divergence of opinion on the question under consideration...consideration (hiba-bil-ewaz) of the nature contemplated by the Mahommedan Law, which amounts to a "sale" as defined in Section 54, T. P. Act, 1882. If the transfer is a gift of..., pure and simple ; (2) A hiba-bil-ewaz (a grant or gift for a consideration) which is more in the nature of an exchange than a gift; and (3) A hiba ba-shart-ul-ewaz, or a grant made on...

...she might have inherited from his estate. The learned Judges held that such a transaction, though usually described as hiba-bil-ewaz, was not a proper biba-bil-ewaz at all but a sale. If the transaction...textual and judicial, arrived at the conclusion that such a transaction was not a real hiba-bil-ewaz but was wrongly described as such and therefore they called it “a false biba-bil-ewaz...right of maintenance. The learned Judges held that although the transfer purported to be a deed of gift, it was really a hiba-bil-ewaz and was tantamount to a sale.10. The Oudh and...

...registered Hiba-bil-Ewaz dated 27-9-1945 and put him in possession thereof. On 29-6-1952 Masukuddin, Jubeda Khatun and Khatibunessa sold their interests in the land to defendant No. 1 and put her in possession...that on 27-9-45 Washil Ali Choudhury executed a Hiba-bil-Ewaz in favour of Masukuddin Choudhury but she has alleged that defendant No. 6 filed Title Suit No. 42/53 in the Court of Munsiff, Karimganj...for cancellation of the Hiba-bil-Ewaz and by a decree dated 31-5-58, the Court declared the said Hiba-bil-Ewaz to be null and void.5. The learned trial Court dismissed the suit. On...

...to him by way of Hiba-bil-ewaz followed by delivery of possession for a consideration of Rs. 90/-. After the aforesaid Hiba-bil-ewaz the second defendant was in possession and enjoyment of the sui...examined the case set up by defendants that the plaintiff had gifted the suit land to defendant No. 2 by Hiba-bil-ewaz and that defendant No. 2 had paid a sum of Rs. 90/- by way of consideration. It...appears a little incongruous that the plea of defendant No. 2 was to the effect that he acquired the suit land by virtue of Hiba-bil-ewaz, meaning thereby by an oral gift coupled with delivery of...

.... 2,500 out of that amount. One of the pleas in defence was that the suit for pre-emption did not lie because the transaction was a hiba bil ewaz and not a sale at all. This contention was accepted by the...attention to two cases of the Oudh Chief Court where it seems to have been held that a transfer of property by a husband to his wife in satisfaction of her dower debt was hiba-bil-ewaz and not at all...under the Mahomedan law we would have to look to what is meant by a hiba-bil-ewaz under that law. The question in this case however is under the Agra Pre-emption Act. Section 4(10...

...the rules stated above do not, therefore, apply to what in modern times is called a hiba-bil-ewaz, which is a transaction of quite a different nature, and partakes to a certain extent of the second...kind of ewaz mentioned in the Fatwai Alamgiri, viz., where it is stipulated in the contract. In this kind of hiba-bil-ewaz the consideration directly opposed to the object of the gift both being in esse...; there is no suggestion of one being subsequent to the contract. The grant and the consideration are parts of one transaction. A hiba-bil-ewaz, therefore, is a sale in all its legal incidents. In sale...

...consideration of her dower debt, was “hiba-bil-ewaz” and, therefore, though not evidenced by a registered instrument, was effective with the consequence, the vendor of the plaintiff had a valid title...regarded the transaction as a hiba-bil-ewaz, of India, though strictly, it was not a hiba bil-ewaz, and held that it was a sale governed by the provisions of S. 54 of the Transfe...rules stated above do not, therefore, apply to what in modern times is called a hiba bil ewaz, which is a transaction of quite a different Dature and partakes to a certain extent of the second kind...

...rather obscure and infrequent doctrine of the hiba-bil-ewaz or gift for consideration. In his concluding address, the learned counsel for the defendant claimed that whether this were a simple gift or a...hiba, or a hiba-bil-ewaz, a gift for consideration, in either case the result must be the same and the Court must decide in favour of his client. Throughout the course of the long and learned...gift for consideration or hiba-bil-ewaz. But, when we look to the deed of gift itself, it is not open, I think, to the defendant to contend that it can be anything hut what on the face of it it...

...debt.The Calcutta High Court has adopted the view that such a transaction is not a true Hiba-bil-ewaz but a sale, and so could be effected only by a registered instrument...for the share which she might bave inherited from his estate. The learned Judges held that such a transaction, though usually described as Hiba-bil-ewaz, was not a proper Hiba-bil-ewaz at all but ...of several authorities, both textual and judicial arrived at the conclusion that such a transaction was not a real Hiba-bil-ewaz but was wrongly described as such and therefore, they called it “a...

...was, Mr. Mitra suggests, a hiba-bil-ewaz, and, as such, no document was required in order to give it validity. Mr. Syed Ameer Ali, in Hitendra...Singh v. Maharajadhiraj Sir Rameshwar Singh Bahadur, has observed: “Under the Muhammadan Law a transfer by way of a hiba-bil-ewaz is treated as a sale and not as a gift”. There are also numerous...-emption in respect of a property which had been conveyed by a Muhammadan to his wife by a deed of hiba-bil-ewaz. It was apparently contended that the transaction was in substance a sale and that a right...

...professed to transfer to his wife Anurgin Bahuasin the property in suit for a consideration of Rs. 41,000. The transaction between husband and wife is, in these proceedings, called a hiba-bil-ewaz, and...possession of the property to his wife in pursuance of the hiba-bil-ewaz. One point arose in the argument before the Subordinate Judge in connexion with the transfer of 1876, which...it is admitted had never been previously raised in any proceeding. It related, in fact, to the point which their Lordships have to decide now, namely, whether under the hiba-bil-ewaz, the mother of...

...documents are deeds of Hiba-bil-ewaz for a nominal consideration. The third is a sale-deed the consideration for which is stated to be Rs. 5,000/-. The case of the plaintiff is that Ayesha was induced...document (Exhibit A) is dated the 19th September, 1938. It is a Hiba-bil-ewaz deed purporting to transfer to the defendant a house in Dariapur Sher of Patna town which is valued in the deed at Rs. 2,000.... Ayesha did not appear before any of the attesting witnesses. The second document is another Hiba-bil-ewaz., exhibit A(1), dated the 11th October, 1939, by which Ayesha purported to part with milkiat...

...122, T.P. Act. It was contended that if a gift is made for consideration, then it amounts to a 'Hiba-bil-ewaz' which stands exactly on the same footing as a sale as defined by.... Mohiuddin Mahammad 1927 54 Cal 754. It was held in that case that the transaction falsely termed in India 'Hiba-bil-ewaz' is not...to decide is whether an oral gift made by a husband to his wife in lieu of her dower is valid or not. 8. A gift with consideration or return is called a 'Hiba-bil-ewaz' in Mohammadan...

.... 7. The plaintiff contended that the document is a Hiba-Bil-Ewaz, therefore by virtue of Section 129 of the Transfer of Property Act, it is exempted WP No.100215/2018 : 4 : from the...the plaintiff towards jewelary parted by her for the purpose of performing the marriage of her brother-in-law. Therefore, the question arises whether the document is Hiba simpliciter or Hiba-Bil-Ewaz. .... If it is Hiba-Bil-Ewaz, the Court has to decide under Sections 33 and 34 of the Stamp Act, whether the document is sufficiently stamped. Without...

...to his second wife. Out of love and affection, the plaintiff conferred a similar benefit on the defendant and voluntarily executed the hiba-bil-ewaz after receiving from the donee a dhoti as a...in possession of the suit lands ever since the execution of the hiba.”(emphasis in original)It was observed...

...mortgaged property by a hiba-bilewaz, dated 17th July, 1908, that is some 10 months earlier than the mortgage deed. The validity of the hiba-bil-ewaz was disputed by the plaintiffs. The Subordinate Judge...virtue of the hiba-bil-ewaz. The other mortgagors were content to let judgment go against them. This appeal was argued at considerable length both as to the facts and as to the law and several points...Nandan. The second defence based upon the hiba-bil-ewaz must also, in my opinion, fail. It is well established that the onus of proving the bona fides and the validity of a gift of this nature...