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PETITIONER: BASHIRUDDIN ASHRAF
Vs.
RESPONDENT: THE STATE OF BIHAR
DATE OF JUDGMENT: 25/04/1957
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER DAS, SUDHI RANJAN (CJ) DAS, S.K. MENON, P. GOVINDA SARKAR, A.K.
CITATION: 1957 AIR 645 1957 SCR 1032
ACT: Mutawalli--Majlis, Powers of-Budget-Mutawalli’s failure to Prepare and send copy to Majlis-Conviction-Validity- -Sentence of fine, in default imprisonment--Legality-Bihr Waqfs Act, 1947 (Bihar Act 8 Of 1948), ss. 58, 65- Constitution of India, Art. 19 (1) (g).
HEADNOTE: The appellant failed to prepare a budget of the Waqf Estate of which he was the mutawalli, for the year 1952-53 and send a copy of it to the Majlis before January 15, 1952, as he was bound to do under S. 58(1) of the Bihar Waqfs Act, 1947, and was convicted by the ’Magistrate under s. 65(1) of the Act and sentenced to pay a fine of Rs. 100, in default to undergo fifteen days simple imprisonment. It was contended for him that the conviction and sentence were not valid because (1) s. 58 of the Act contravened Art. 19(1) (g) of the Constitution of India, as it gave unrestricted power to the Majlis to alter or modify the budget prepared by the mutawalli without a right of appeal against the action of the Majlis and so imposed an unreasonable restriction on the mutawalli in carrying on his occupation as such, and (2) s. 65 Of the ...