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Judgment Search Results Home  Phrase:wakf act 1995

Jun 02 2008

St. Gregorious Orthodox Cathedral rep. by its Hon' Treasurer, Mr. Math ...

  • Decided on : 02-Jun-2008

Court : Karnataka

Reported in : 2008(6)KarLJ358; 2008(4)KCCR2216; 2008(5)AIRKarR350; 2008AIRSCW3862

... Act and the limits of jurisdiction being in terms of Sections 83 1) and 83(2) of the Act.2. The revision is by the first defendant in OS No. 6 of 2005 before the Wakf Tribunal, Bangalore Division, Bangalore, a suit that had been filed by Aga Ali Askar Wakf, a Wakf registered with the Karnataka State Board of Wakfs under the provisions of the Wakf Act, 1995 ... Wakf Act, 1995 is a special enactment and has created a special tribunal in terms of Section 83 of the Act for resolution of disputes relating to wakf properties and management of the wakf and related matters. The main object is to ensure that all disputes relating to wakf and wakf ... Wakf Act, 1995 [for short 'the Act'] gives rise to an interesting question of law regarding the scope of the jurisdiction of the tribunal, a 'Tribunal' constituted in terms of Section 83 of the Act and the limits of jurisdiction being in terms of Sections 83 1) and 83(2) of the Act ... Wakf Act, 1995 clearly indicates that all disputes which can be taken before the tribunal are disputes relating to the ownership of the properties as to whether it belongs to wakf or otherwise.30. Though Sri. Navadgi, learned Counsel for the respondents - plaintiff would urge that the residuary provision as it occurs in Sub-section (2) of Section 83 of the Act ...

Oct 30 2009

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

  • Decided on : 30-Oct-2009

Court : Andhra Pradesh

Reported in : 2010(1)ALT112

... Wakf Act, 1913; Wakf Act, 1954; Wakf (Amendment) Act, 1984 and the present Wakf Act, 1995. In addition to the above before the present Wakf Act, 1995, the Official Trustees Act II of 1913; Charitable Endowments Act VI of 1890; Religious Endowments Act XX of 1863 and the Code of Civil Procedure, 1908 to the extent of certain provisions therein also applied to the wakfs.Analogous challenges:68. As mentioned above Dargah Khawaja Saheb Act ... Wakf Act, 1995, the Wakf Board has the power of general superintendence over all wakfs and the Wakf Board exercises its power only to ensure that the wakfs are properly maintained, controlled and administered and the income thereof is duly applied to the objects and for the purposes for which such wakfs are created or intended. That in exercising the powers under the Wakf Act, 1995, the Wakf Board shall have to act ... Wakf Act, 1995.11. It is stated that the Wakf Act, 1995 has thus been enacted with the object of providing for better administration of the wakfs and matters connected there with or incidental thereto. That as seen from the reasons and objects of the Wakf Act, 1995, the Act seeks to provide for the constitution of Wakf ...

May 02 2003

Anis Fatma Begum Vs. Board of Wakf

  • Decided on : 02-May-2003

Court : Kolkata

Reported in : AIR2004Cal91,(2003)2CALLT39(HC)

... Wakf Validating Act, 1913, the Mussalman Wakf Validating Act, 1930, the Religious Endowments Act, 1863 and the Mussalman Wakf Act, 1923. 5. Referring to the definition of the expression 'wakf in the Bengal Wakf Act, 1934, which was in force, in West Bengal till the coming into operation of the Wakf Act, 1995, Mr. Munshi submitted that although a distinction had been made in respect of wakfs and wakfs ... wakf character and continued to be governed by the provisions of other enactments such as the Mussalman Wakf Validating Act, 1913, the Mussalman Wakf Validating Act, 1930, the Religious Endowments Act, 1863 and the Mussalman Wakf Act, 1923. 5. Referring to the definition of the expression 'wakf in the Bengal Wakf Act, 1934, which was in force, in West Bengal till the coming into operation of the Wakf Act, 1995 ... Wakf Act, 1995, properties designated as wakf-al-al-aulad stood excluded from the purview of the said Act and the administrative control of the Board of Wakf, West Bengal. The said properties continued to retain their wakf character and continued to be governed by the provisions of other enactments such as the Mussalman Wakf Validating Act, 1913, the Mussalman Wakf Validating Act, 1930, the Religious Endowments Act, 1863 and the Mussalman Wakf Act ...

Jun 06 2011

Mohamed Mujeebur Rahman Vs. The State of Tamil Nadu And Ors.

  • Decided on : 06-Jun-2011

Court : Chennai

... The said order was on the basis that after the advent of the Wakf Act, 1995 (for brevity, Act 43 of 1995), the power of appointment of mutawalli and administration of the wakf transfers to the Wakf Board and therefore, the Scheme Court has no jurisdiction. The order ... Act 43 of 1995 is not applicable. In fact, the said decision was considered in the later judgment of the Supreme Court in Board of Wakf, West Bengal v. Anis Fatma Begum and another (Civil Appeal No.5297 of 2004, dated 23.11.2010), wherein the Apex Court has held as follows: 15. Under Section 83(5) of the Wakf Act, 1995 ... Act 43 of 1995 relate to survey of wakfs at the initial stage. The Act 43 of 1995, while repealing the Wakf Act, 1954 as well as the Wakf (Amendment) Act, 1984, validates any action and specifically treats those actions taken earlier as that of the action taken under Act 43 of 1995, as it is seen under Section 112(3) of Act 43 of 1995 ... Act 43 of 1995, while repealing the Wakf Act, 1954 as well as the Wakf (Amendment) Act, 1984, validates any action and specifically treats those actions taken earlier as that of the action taken under Act 43 of 1995, as it is seen under Section 112(3) of Act 43 of 1995, extracted above.37. In any event, as stated above, the said Sections 6 and 7 of Act 43 of 1995 ...

Nov 14 2006

Chintala Uday Shankar and Ors. Vs. Subedar Saheb Choultry, Trust Board ...

  • Decided on : 14-Nov-2006

Court : Andhra Pradesh

Reported in : 2007(2)ALD213

... Wakf Act, 1995 which has no application as the suit was filed prior to the Wakf Act 1995 came into force. The appeal of the Wakf Act, 1954 by virtue of Section 112 of Wakf Act, 1995 shall not affect the previous operation of the provisions of Wakf Act, 1954 and any action taken under the Wakf Act, 1954 shall be deemed to have been done or taken under the Wakf Act, 1995 ... Wakf Act 1995 came into force. The appeal of the Wakf Act, 1954 by virtue of Section 112 of Wakf Act, 1995 shall not affect the previous operation of the provisions of Wakf Act, 1954 and any action taken under the Wakf Act, 1954 shall be deemed to have been done or taken under the Wakf Act, 1995. Therefore, I am of the opinion that the suit filed prior to the Wakf Act, 1995 ... Wakf Act, 1995. Therefore, I am of the opinion that the suit filed prior to the Wakf Act, 1995 came into force without following the mandatory provisions of Section 55 of the Wakf Act, 1954 is not maintainable and the provisions of Wakf Act, 1995 cannot be made applicable as admittedly the suit was not filed after the Wakf Act, 1995 came into force. However, under the Wakf Act, 1995 ... Wakf Act, 1954 but it has erroneously considered the provisions of the Wakf Act, 1995 which has no application as the suit was filed prior to the Wakf Act 1995 came into force. The appeal of the Wakf Act, 1954 by virtue of Section 112 of Wakf Act, 1995 shall not affect the previous operation of the provisions of Wakf Act, 1954 and any action taken under the Wakf Act ...

May 11 2012

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla And Ors.

  • Decided on : 11-May-2012

Court : Supreme Court of India

... operation of the Wakf Act, 1995. Mr. Nariman urged that the provisions of the Wakf Act, 1954, and the Bombay Public Trusts Act, in relation to Wakf properties, stood repealed by virtue of Section 112 of the 1995 Act. Mr. Nariman submitted that Section 112 of the 1995 Act, which dealt with repeal and savings, clearly indicated that if immediately before the commencement of the Act in any State ... to the Wakf Act, 1995, when it came into force, was the Maharashtra Wakf Act and the provisions of the Bombay Public Trusts Act which became ineffective on account of the provisions of Section 112(3) of the 1995 Act. With the repeal of the said two provisions, it was for the Board of Wakfs established under the 1995 Act to continue in management of the Wakf properties ... with the 1995 Act, that corresponding law would stand repealed. The learned A.S.G. submitted that in the instant case, the corresponding law to the Wakf Act, 1995, when it came into force, was the Maharashtra Wakf Act and the provisions of the Bombay Public Trusts Act which became ineffective on account of the provisions of Section 112(3) of the 1995 Act. With the ... Wakfs, was an extra-legal Committee which was not contemplated under the provisions of the Wakf Act. According to Dr. Dhawan, the classification of Wakfs as Shia or Sunni or any dispute regarding whether a Wakf is existing or not, could only be decided by the Wakf Tribunal under Sections 6 and 7 or by the Wakf Board under Section 40 of the Wakf Act, 1995.21 ...

Mar 12 1996

Muslim Minority Front, rep. by its Secretary, Sri Mohd. Abdul Muqueet ...

  • Decided on : 12-Mar-1996

Court : Andhra Pradesh

Reported in : 1996(2)ALT30

... appointed, the Board appointed under the Wakf Act, 1954 shall survive the notification Under Section 1(3) of the Act and the notification Under Section 13 of the Wakf Act, 1995 but shall cease and all members of the Board appointed under Section 11 of the Wakf Act, 1954 shall vacate their office the moment notification Under Section 14(9) of the Wakf Act, 1995 is issued. They can hold the ... the corresponding provisions of the Act, i.e. the Wakf Act, 1995. Questions that have been posed before us thus on account of the repeal of the Wakf Act, 1954 are whether the Board Constituted in accordance with Section 11 of the Wakf Act, 1954 survives the repeal and is it a Board deemed to have been constituted under the corresponding provisions of the Wakf Act, 1995. We have received ... Section 14 of the Wakf Act, 1995.The savings need not be referred to the General Clauses Act for Section 112 of the Wakf Act, 1995 has along with the repeal of the Wakf Act, 1954 envisaged not with standing such repeal anything done or any action taken under the said Act shall be deemed to have been done or taken under the corresponding provisions of this Act. 'Done or ... 11 of the Wakf Act, 1954 shall take one to Section 14(9) of the Wakf Act, 1995; but is it possible to see corresponding provisions to the provisions in Section 11 of the Wakf Act, 1954 in Section 14(9) of the Wakf Act, 1995? Dealing with a case of repeal in respect of a local proceeding or remedy continued or in force under the new Act in which ...

Jul 18 2009

Syed Abdul Razzak Aminuddin and Hazrat Gaiban Shah Baba Syed through i ...

  • Decided on : 18-Jul-2009

Court : Mumbai

Reported in : 2009(111)BomLR3609

... Wakf Act, 1995 is mandatory prior to institution of the suit against the said Board in respect of the said acts. 18. In the said context, the contention of the learned Counsel for the petitioners, that if the petitioners succeed in demonstrating that the acts challenged of the defendants are not in consonance of the provisions of the Wakf Act, 1995 then notice under Section 89 of the Wakf Act, 1995 ... by the court unless notice under Section 89 of the Wakf Act is delivered to the Maharashtra State Wakf Board under Section 89 of the Wakf Act, 1995. 13. It is also submitted the learned Counsel for respondent No. 1 that the Code of Civil Procedure is a general Code; whereas the Wakf Act, 1995 is a special Act, which will override the provisions of the general ... Code; whereas the Wakf Act, 1995 is a special Act, which will override the provisions of the general Code and the provision like Sub-section (2) of Section 80 of the Code of Civil Procedure for dispensing with the notice is not provided under Section 89 of the Wakf Act, 1995 and hence notice under Section 89 of the Wakf Act, 1995 cannot be waived like ... , the very language of Section 89 of the Wakf Act, 1995 clarifies that the said Section begins with non obstante clause and word used therein is shall and, therefore, the said notice under Section 89 of the Wakf Act, 1995 is mandatory and admits no exception. Accordingly, issuance of notice under Section 89 of the Wakf Act, 1995 is a condition precedent to the institution of ...

Dec 22 2005

Yashpal Lala Shiv Narain Vs. Allatala Tala Malik Waqf Ajakhan Mus

  • Decided on : 22-Dec-2005

Court : Allahabad

Reported in : AIR2006All115

... basis of Section 85 of the Wakf Act, 1995 was raised in the written statement.167. Reverting now to the submissions made on the basis of Section 85 of the Wakf Act, 1995, it is pertinent to refer to Section 85 of the Wakf Act, 1995, which is reproduced below:85. ... Wakf Act, 1995, cannot be accepted.165. Coming now to the submissions made by the learned Counsel for the petitioner (defendant) on the basis of Section 85 of the Wakf Act, 1995, it is submitted by the learned Counsel for the petitioner (defendant) that the bar contained in Section 85 of the Wakf Act, 1995 ... wakf, wakf property or other matter which is required by or under this Act to be determined by a Tribunal.168. A perusal of Section 85 of the Wakf Act, 1995 shows that in case, there is any dispute, question or other matter 'relating to any wakf, wakf property or other matter which is required by or under this Act ... Wakf Act, 1995, it is pertinent to refer to Section 85 of the Wakf Act, 1995, which is reproduced below:85. Bar of jurisdiction of civil courts.--No suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this Act ...

May 21 2008

Mohd. Harun and Anr. Vs. Nissar Ahmed and Ors.

  • Decided on : 21-May-2008

Court : Rajasthan

Reported in : RLW2008(4)Raj3286

... Section 67 of the Act of 1995. The Mutwalies can be removed under Section 64 of the Act of 1995. Therefore, under the Wakf Act, 1995 the petitioners' committee whose term is not limited by the Wakf or by order of any competent authority has right to work till it is superseded by lawful order.3. Earlier under Wakf Act, 1954, Rajasthan Muslim Wakf Regulation, 1964 were ... the provisions of Wakf Act, 1954. Wakf Act, 1954 was repealed by the Section 112 of the Wakf Act, 1995. The petitioners were appointed as Tauliyat of Wakf Committee by the Rajasthan Board of Muslim Wakf, Jaipur vide order dated 17.1.2004. According to the petitioners, the term of the committee was not limited and as per Section 67 of the Act of 1995 term ... in the Wakf Board to take action against the erring committee under the Act of 1995 and a procedure has been given in the Wakf Act, 1995 then with the aid of repealed regulations and without following the procedure as prescribed under the Wakf Act, 1995, the petitioners' committee could not have been dissolved by the Wakf Board. In fact, in the present case, the Wakf ... . The said committee is Tauliyat Wakf Committee (hereinafter referred to as the Committee). According to the petitioners, the said committee is registered under the provisions of Wakf Act, 1954. Wakf Act, 1954 was repealed by the Section 112 of the Wakf Act, 1995. The petitioners were appointed as Tauliyat of Wakf Committee by the Rajasthan Board of Muslim Wakf, Jaipur vide order dated 17.1. ...

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