TaxTMI 
TaxTMI 
1920 (6) TMI 1
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....e was taken by his servants, but this is no longer material--to the district of Muzaffarnagar, beyond the jurisdiction of the Deputy Commissioner of Karnal. But the Deputy Commissioner proceeded to act under the Court of Wards Act, and in purported pursuance of the powers thereby conferred he issued an injunction on the 30th of August, 1908, restraining the Nawab or any authorized agent from executing any deed of alienation until the further order of the Court. Notwithstanding this direction the waqfnams was, on the 1st of September, 1908, registered before the Sub-Registrar of Muzaffarnagar. On the 9th of November, 1908, the said Nawab executed a further document purporting to appoint trustees of the charity to which his property had been ....
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....fied from registering the deed by reason of his possessing an interest in the property? and Did the " trusteenama " (the document of the 9th of November, 1908) require registration under the Registration Act of 1877? 6. There are several weighty objections urged against the appellants upon the first point. First, it is argued that the Deputy Commissioner had no power to issue any injunction under Sections 11 and 12 of the Punjab Court of Wards Act, 1903, and secondly, that, even if he had such power, it must have been limited to persons and property within his jurisdiction. It is unnecessary to decide the first of these arguments, as their Lordships are clearly of opinion that, even assuming his authority would have extended to....
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....ency, for by Section 87 it is provided that: Nothing done in good faith pursuant to this or any Act hereby repealed, by any registering officer, shall be doomed invalid merely by reason of any defect in his appointment or procedure. 8. It is contended that the disability created by Rule 174 cannot be regarded as a mere question of procedure, but their Lordships do not accept this view. The registration by the Sub-Registrar is obviously the essence of the proceedings in effecting registration. If the Sub-Registrar] were disqualified the Registrar would be entitled to act, and the fact that the Sub-Registrar, overlooking his own interest, or regarding it as an interest which created no disqualification, in perfect good faith effected the r....
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....d, the owner of the universe, and changed my temporary possession known as proprietary possession into that of a ' mutawalli' (superintendent,. With effect from this day, the said property no longer belongs to me! nor am I any longer in proprietary possession thereof. It belongs to God, and is a 'sadka' (alms) for His creatures. I am in possession thereof as a superintendent, that is, as a trustee for those who are according to the objects of the said waqf, on titled to be, in any way, benefited thereby. ' The said property can neither be sold nor mortgaged, nor transferred in any other way. Neither I nor anyone through me can exercise any proprietary power in respect thereof. It cannot be inherited by anyone on my death....