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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

..... . a right of easement by no stretch of imagination can be elevated to the status of any type of ownership in the property. an examination of the provisions of the 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 ..... . 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. the plaintiff had sought for the relief of permanent injunction to restrain the first defendant in the suit ..... and as extracted in the earlier part of this order.24. it is no doubt true that the 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 ..... orderd.v. shylendra kumar, j.1. this revision petition under section 83(9) of the 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 .....

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Aug 01 2008

T. Kaliamurthi and Anr. Vs. Five Gori Thaikal Wakf and Ors.

  • Decided on : 01-Aug-2008

Court : Supreme Court of India

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

..... court, namely, second appeal nos. 972/86, 973/86, and 1242/86. during the pendency of these second appeals, the wakf act, 1995 (in short, 'wakf act') came into force with effect from 1st of january, 1996. section 107 of the said act provides that nothing contained in the limitation act, 1963 shall apply to any suit for recovery of possession of immovable property comprised in any ..... opinion that the high court was not justified in relying on section 112 of the wakf act to hold that the act has retrospective effect. the high court has relied on certain cases and we would advert to them in the later part of this judgment while answering the applicability ..... in appeal was bound to take notice of the supervening events and the changes in law3) all procedures in law are retrospective in operation and ;4) section 107 of the wakf act must be said to be retrospective in operation.12. having heard the learned counsel for the parties and after considering the judgments of the courts below including the materials on ..... not affect any right, privilege, obligation or liability acquired or incurred under the repealed enactment unless a contrary intention appears.thus under section 6 of the general clauses act and section 112 of the wakf act, prior operation of the repealed enactment or the legal proceedings or remedies instituted, continued or enforced etc. are saved. thus on this ground, we are of the .....

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Jul 25 2012

Mahboob Basha. Vs. Tamil Nadu Wakf Board

  • Decided on : 25-Jul-2012

Court : Chennai

..... in this regard is required.18. as such, i would like to set aside the order passed by the lower court, giving liberty to the board to act as per section 32 of the wakf act, 1995, adhering to the principle of audi alteram partem.19. the civil revision petitions are ordered accordingly. however, there is no order as to costs. consequently, connected miscellaneous ..... has to examine the scheme decree passed in o.s.no.11 of 1934 and enforced its authority as provided under the provisions of the wakf act, 1995. it is open to the petitioner wakf board to examine whether or not the appointment of fresh office bearers under the scheme should be made afresh or permit the present set of office bearers for any ..... .5. heard all concerned.6. the point for consideration is as to whether the scheme court, even after the coming into vogue of the wakf act, 1995, and more specifically the provisions as contained in section 32 of the act, had jurisdiction to pass the impugned order?7. the learned counsel for the revision petitioner in c.r.p.no.1816 of 2012-mahboob ..... basic principle has not been considered by the lower court.17. the lower court, in the above judgement cited supra, simply assumed and presumed as though despite passing of the wakf act, 1995, it had jurisdiction and could give directions as contained in the impugned order. such a course would be totally antithetical to the object of the .....

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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

..... 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 waiver of notice under section 80 of the code of civil procedure. it is further submitted that the ..... non issuance of notice by defendant no. 17, i am of the view that the objection regarding non-issuance of notice under section 89 of the wakf act, 1995 pertains to law point and, therefore, objection can be raised by any of the defendants and it is not necessary that defendant no. 1 only ..... in section, such presentation of the suit cannot be permitted 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 ..... rejected the plaint against defendant no. 1 under order 7 rule 11 (d) of the code of civil procedure r/w section 89 of the wakf act, 1995 and further directed that the suit shall proceed against the other defendants, since they are private parties, as per the provisions of the code of civil ..... rejecting the plaint against defendant no. 1 therein under order 7 rule 11(d) of the code of civil procedure r/w section 89 of the wakf act, 1995. 3. briefly stated, the factual matrix of the matter are that the present petitioners (original plaintiffs) had filed suit no. 109 of 2007 against the .....

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Jun 13 2003

Pookoya Haji Vs. Cheriyakoya

  • Decided on : 13-Jun-2003

Court : Kerala

Reported in : 2003(3)KLT32

..... necessary to resolve the apparent conflict between the two decisions for the proper disposal of the cases pending before the civil courts as well as before the wakf tribunals. 3. the wakf act, 1995 (act 43 of 1995) was enacted by the parliament and was brought into force throughout the country except the state of jammu & kashmir with effect from 1.1.1996. ..... property and such other matters which are required by the act to be resolved by the tribunal. though an amendment was brought ..... it repealed the wakf act, 1954 and the wakf (amendment) act, 1984. , one of the important changes made in the wakf act, 1995 was the constitution of the wakf tribunal for resolution of disputes relating to wakf and wakf ..... scope of the judicial proceedings enumerated in chap.viii of the act generally survey the scheme of the act. the word 'wakf' has its origin in the arabic verb, waqafa. wakf act, 1995 has given a statutory meaning to the word 'wakf under section 3(r) of the act which reads as follows: 'wakf means the permanent dedication by a person professing islam, of any .....

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Jun 13 2003

Aliyathammada Beethathabiyyapura Pookoya Haji Vs. Pattakkal Cheriyakoy ...

  • Decided on : 13-Jun-2003

Court : Kerala

Reported in : AIR2003Ker366

..... necessary to resolve the apparent conflict between the two decisions for the proper disposal of the cases pending before the civil courts as well as before the wakf tribunals.3. the wakf act, 1995 (act 43 of 1995) was enacted by the parliament and was brought into force throughout the country except the state of jammu and kashmir with effect from 1-1-1996. ..... property and such other matters which are required by the act to be resolved by the tribunal. though an amendment was ..... the scope of the judicial proceedings enumerated in chapter viii of the act generally survey the scheme of the act. the word 'wakf' has its origin in the arabic verb, waqufa. wakf act, 1995 has given a statutory meaning to the word 'wakf under section 3(r) of the act which reads as follows :'wakf' means the permanent dedication by a person professing islam, of any ..... it repealed the wakf act, 1954 and the wakf (amendment) act, 1984. one of the important changes made in the wakf act, 1995 was the constitution of the wakf tribunal for resolution of disputes relating to wakf and wakf .....

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Sep 12 2001

Managing Committee, Nade Ali Masque, Bodhan, Nizambad District Vs. And ...

  • Decided on : 12-Sep-2001

Court : Andhra Pradesh

Reported in : 2001(6)ALD811

..... to exist. further as soon as the period of managing committee expires the office of the muthawalli is deemed to be vacant. when the office is vacant section 63 of wakf act 1995 empowers the board to appoint a muthawalli. in the present case there was no extension after 10-7-1997 and therefore the board appointed the second respondent as muthawalli and ..... act deals with repeal and sub-section (1), has specified that wakf act, 1954 and the amendment act, 1994 have been repealed. section 6[2 ..... and aggrieved by the same; the petitioner had filed the present civil revision petition under the proviso to sub-section (9) of section 83 of the wakf act, 1995 [herein after for short called as act]. in the present civil revision petition, an order of status quo was granted on 8-5-2001 and the same was made absolute on 3-8-2001 ..... have been advanced by both the sides relating to the powers of wakf tribunal to make interim orders, for the purpose of deciding this question, certain provisions of the wakf act, 1995 may have to be looked into. the wakf act, 1995, act 45 of 1995 referred to as act, is infact for better administration of the wakf and for matters connected therewith or incidentally thereto. section 112 of the .....

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Feb 18 2009

A.R.A. Basith Saheb Charitable Trust Vs. Karnataka State Board of Wakf ...

  • Decided on : 18-Feb-2009

Court : Karnataka

Reported in : ILR2009KAR2403; 2009(4)KarLJ90

..... , j.1. the petitioner has preferred this writ petition seeking quashing of demand notices at annexures-j, k and 1 or in the alternative to declare section 72 of the wakf act, 1995, as unconstitutional.2. the petitioner a.r.a. basith saheb charitable trust is a private trust located at mysore road, bangalore, generally serving the poor travelling public. it is a ..... society. out of its income, it maintains the upkeep of institutions which involves considerable expenditure. out of the net income, contribution is made to the wakf board in accordance with the provisions of the wakf act, 1995. the district wakf officer issued notice dated 28-9-2005 calling upon the petitioner to submit the statement of accounts for the period from 1-4-2002 to ..... legal and valid and do not call for interference.5. in order to appreciate the rival contentions, it is necessary to look at the act.in order to provide for the better administration of wakfs and/or matters connected therewith or incidental thereto, the parliament enacted the wakf act, 1995. one of the object in enacting this law is to strengthen the finance of the ..... wakf board, one of the measures being contemplated is to raise the rate of the contribution by a wakf to the wakf board from 6% of its annual income to 7%. section 3(j) defines what the .....

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Mar 13 2007

Mohamed Musa Sait Wakf, A Wakf - ul - Aulad, represented by its Muthaw ...

  • Decided on : 13-Mar-2007

Court : Karnataka

Reported in : 2008(1)KarLJ507; 2007(6)AIRKarR463; 2008(2)ICC366

..... a suit for ejectment. it is further argued that when the petitioner-plaintiff filed a suit the respondents-defendants filed a memo under section 85 of the wakf act, 1995 to the effect that the small cause court has no jurisdiction to entertain the suit for ejectment. therefore, the trial court has wrongly, interpreted and ..... considered that the section 85 of the wakf act, 1995 is a total bar. it is argued that the wakf tribunal has no jurisdiction to entertain any dispute that arises with regard to the tenancy in between the landlord and tenant in ..... accordance with law. it is contended that if any property is given to the waif board, it is deemed that it is a wakf property, which is governed by the wakf act of 1985. therefore, the trial court was right in deciding the matter on the memo filed by the respondents. hence, prays for ..... persons. therefore, the finding recorded by the trial court that the small cause court has no jurisdiction under section 85 of the wakf act, 1985 is totally incorrect and illegal. according to section-85 the powers of tribunal has rightly discussed by the author s.a. kader, the law of ..... small cause court has no jurisdiction to entertain the suit fox ejectment since there is a bar under section 85 of the wakf act and the wakf tribunal alone can decide the matter. as could be seen from the records that the respondents are the tenants under the revision petitioner. the .....

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Jul 23 2003

A.S. Abdul Khader Wakf for Deeni Talim Vs. Saber Miah

  • Decided on : 23-Jul-2003

Court : Andhra Pradesh

Reported in : 2003(6)ALD625; 2003(6)ALT469

..... such suits. the learned counsel also had drawn our attention to the provisions relating to the duties of a mutawalli and also the scheme and object of both the wakf act, 1954 and the wakf act, 1995. the learned counsel also had maintained that even otherwise when ex. a-1 shows more than one mutawalli, one of the mutawallis, in the absence of other mutawallis ..... , the learned counsel representing the appellant in this batch of second appeals in all fairness had submitted that under section 15(2) of the wakf act, 1954 and section 32(2) of the wakf act, 1995, power is conferred on the wakf board to institute suits. the learned counsel would further maintain that a mutawalli who is expected to manage and supervise the properties of the ..... haji, air 2002 kerala 56.5. per contra sri mirza imamullah baig, learned counsel representing the respondents had drawn our attention to section 15(2) of the wakf act, 1954 and section 32(2) of the wakf act, 1995 and also section 112(2) of the wakf act, 1995 and had contended that in view of the specific conferment of power to institute and defend suits on the ..... . the questions which had been referred to the division bench are as hereunder:(a) in view of the provisions of the wakf act, 1954 and the wakf act, 1995, whether a mutawalli can institute or defend a suit in relation to the properties of the wakf ? if so, under what circumstances ? (b) whether the position of a mutawalli is that of a trustee ? and if so .....

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