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Judgment Search Results Home  Phrase:wakf act 1995  Page:2

Aug 01 2012

Abdul Qayyum s/o Abdul Hamid Khan and Others Vs. The Additional Collec ...

  • Decided on : 01-Aug-2012

Court : Mumbai - Aurangabad

... the Wakf Act, 1995 and submitted that, the Chief Executive Officer, Wakf Board is having no power to conduct the inquiry under Sections 51 and 52 of the Wakf Act, 1995. It is submitted that, under Section 52 of the Wakf Act, 1995, transfer of wakf property if is in contravention of Section 51, then after satisfaction of the Board and after making inquiry that, immovable property of wakf entered ... Executive Officer, Wakf Board is having no power to conduct the inquiry under Sections 51 and 52 of the Wakf Act, 1995. It is submitted that, under Section 52 of the Wakf Act, 1995, transfer of wakf property if is in contravention of Section 51, then after satisfaction of the Board and after making inquiry that, immovable property of wakf entered in the register of wakf maintained under ... property. Thus, the case does not fall within scope and ambit of Section 51 of the Wakf Act, 1995. It is submitted that, the provisions of Section 52 of the Wakf Act, 1995 are not attracted to the present case. The provisions of Section 52 of the Wakf Act, 1995 cannot be invoked and no requisition can be sent to the Collector for obtaining delivery of ... Wakf Act, 1995 read with Rule 20(3) of Wakf Rules. It is the case of the revision applicants that, the revision applicants did not receive notices and the notices are not served upon them. On 19th January, 2005 the Chief Executive Officer passed the order under Section 52(1) of the Wakf Act, 1995. On the basis of order, letter was issued by the District Wakf ...

Aug 01 2012

Abdul Qayyum s/o Abdul Hamid Khan and Others Vs. The Additional Collec ...

  • Decided on : 01-Aug-2012

Court : Mumbai - Aurangabad

... the Wakf Act, 1995 and submitted that, the Chief Executive Officer, Wakf Board is having no power to conduct the inquiry under Sections 51 and 52 of the Wakf Act, 1995. It is submitted that, under Section 52 of the Wakf Act, 1995, transfer of wakf property if is in contravention of Section 51, then after satisfaction of the Board and after making inquiry that, immovable property of wakf entered ... Executive Officer, Wakf Board is having no power to conduct the inquiry under Sections 51 and 52 of the Wakf Act, 1995. It is submitted that, under Section 52 of the Wakf Act, 1995, transfer of wakf property if is in contravention of Section 51, then after satisfaction of the Board and after making inquiry that, immovable property of wakf entered in the register of wakf maintained under ... property. Thus, the case does not fall within scope and ambit of Section 51 of the Wakf Act, 1995. It is submitted that, the provisions of Section 52 of the Wakf Act, 1995 are not attracted to the present case. The provisions of Section 52 of the Wakf Act, 1995 cannot be invoked and no requisition can be sent to the Collector for obtaining delivery of ... Wakf Act, 1995 read with Rule 20(3) of Wakf Rules. It is the case of the revision applicants that, the revision applicants did not receive notices and the notices are not served upon them. On 19th January, 2005 the Chief Executive Officer passed the order under Section 52(1) of the Wakf Act, 1995. On the basis of order, letter was issued by the District Wakf ...

Feb 16 2007

Janab Dr. Hisamuddin Papa Saheb, Janab Khadeer Ahmed Sahib, Janab Amee ...

  • Decided on : 16-Feb-2007

Court : Chennai

Reported in : (2007)2MLJ1069

... Act was in force. Even this doubt ceased to exist with the enactment of Wakf Act 1995 (for short '1995 Act). Section 32 of 1995 Act corresponds to Section 15 of 1954 Act. Sub-section (1) of Section 32 of 1985 Act reads as under:32. Powers and functions of the Board:- (1) Subject to any rules that may be made under the Act, the general superintendence of all wakfs ... 1954 Act. This discussion with reference to the provisions of 1954 Act is undertaken because applications were filed for appointment of Trustee/Mutawalli for the Mosque and the orders were passed when 1954 Act was in force. Even this doubt ceased to exist with the enactment of Wakf Act 1995 (for short '1995 Act). Section 32 of 1995 Act corresponds to Section 15 of 1954 Act. Sub- ... of 1954 Act is undertaken because applications were filed for appointment of Trustee/Mutawalli for the Mosque and the orders were passed when 1954 Act was in force. Even this doubt ceased to exist with the enactment of Wakf Act 1995 (for short '1995 Act). Section 32 of 1995 Act corresponds to Section 15 of 1954 Act. Sub-section (1) of Section 32 of 1985 Act ... Wakf or Wakf property. The words 'any dispute, question or other matters relating to a Wakf or Wakf property' are, in our opinion, words of very wide connotation. Any dispute, question or other matters whatsoever and in whatever manner which arises relating to a Wakf or Wakf property can be decided by the Wakf Tribunal. The word 'Wakf' has been defined in Section 3(r) of the Wakf Act, 1995 ...

Feb 09 2011

ITC Limited and Another Vs. Union of India by its Secretary, Ministry ...

  • Decided on : 09-Feb-2011

Court : Karnataka

... Wakf Act, 1954 corresponds with Section 32 of the new Wakf Act, 1995. Therefore the resolution passed by the Wakf Board under the provisions of Wakf Act, 1954 is saved and survives in the new Wakf Act, 1995. 21. Section 112 of the Wakf Act, 1995 specifies, notwithstanding the repeal of the Wakf Act, 1954 anything done or any action taken under the said Act ... Wakf Act, 1995. Therefore the resolution passed by the Wakf Board under the provisions of Wakf Act, 1954 is saved and survives in the new Wakf Act, 1995. 21. Section 112 of the Wakf Act, 1995 specifies, notwithstanding the repeal of the Wakf Act, 1954 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 ... Wakf Act, 1995, the resolution passed by the Wakf Board in the year 1981 cannot be revived. I decline to accept this contention of the learned counsel for the petitioner. Section 15 of the old Wakf Act, 1954 corresponds with Section 32 of the new Wakf Act, 1995. Therefore the resolution passed by the Wakf Board under the provisions of Wakf Act, 1954 is saved and survives in the new Wakf Act, 1995 ...

Feb 13 2006

Noorjahan Begum Vs. Amin Ahmed Khan and Ors.

  • Decided on : 13-Feb-2006

Court : Kolkata

Reported in : 2006(3)CHN295

... concerned Wakf Act. Furthermore, even after repeal of the said Bengal Wakf Act, 1934, the present Wakf Act, 1995 mandated the registration of the wakf property in terms of Section 36 of the said Act of 1995, but it has not changed materially the definition of Wakf Act in terms of Section 3(r)(iii) of the said Act, 1995. ... Wakf Board to increase any beneficiary allowance and/or decrease thereof as fixed and determined by the Wakif by exercising the power under the concerned Wakf Act. Furthermore, even after repeal of the said Bengal Wakf Act, 1934, the present Wakf Act, 1995 mandated the registration of the wakf property in terms of Section 36 of the said Act of 1995, but it has not changed materially the definition of Wakf Act ... Wakf Act, 1995 has been introduced, still then there is no material change so far as adjudicating power of the Wakf Board to increase any beneficiary allowance and/or decrease thereof as fixed and determined by the Wakif by exercising the power under the concerned Wakf Act. Furthermore, even after repeal of the said Bengal Wakf Act, 1934, the present Wakf Act, 1995 mandated the registration of the wakf ...

Feb 19 2004

Raju Narayanappa Othare and Anr. Vs. The Registrar (General) High Cour ...

  • Decided on : 19-Feb-2004

Court : Karnataka

Reported in : ILR2004KAR1454; 2004(4)KarLJ28

... relevant provisions of the Wakf Act of 1954 and 1955; The Wakf Act, 1995, has repealed the Wakf Act 1954. The Wakf Act, 1954, gave powers to the State Government under Section 4 of the Act, to appoint a Commissioner of Wakfs for making a survey of the Wakf properties existing in the State on the commencement of the Act. After conducting a ... Wakf Act, 1995, defines the Jurisdiction of the Tribunal. Section 7(5) of the Wakf Act, 1995, excludes the jurisdiction of the Tribunal under certain circumstances. Section 7(1) and Section 7(5) of the Wakf Act, 1995, are extracted herein:Section 7(1)-If, after the commencement of this Act, any question arises, whether a particular property specified a Wakf property in a list of Wakfs is wakf ... Wakf Act, 1995, has repealed the Wakf Act 1954. The Wakf Act, 1954, gave powers to the State Government under Section 4 of the Act, to appoint a Commissioner of Wakfs for making a survey of the Wakf properties existing in the State on the commencement of the Act. After conducting a survey and holding an enquiry, the Commissioner was given power under Section 5 of the Act ... Wakf Act, 1995, excludes the jurisdiction of the Tribunal under certain circumstances. Section 7(1) and Section 7(5) of the Wakf Act, 1995, are extracted herein:Section 7(1)-If, after the commencement of this Act, any question arises, whether a particular property specified a Wakf property in a list of Wakfs is wakf property or not, or whether a wakf specified in such list is a Shia wakf ...

Jul 25 2007

Taiyab (MD.) and Anr. Vs. Meghalaya Board of Wakf and Ors.

  • Decided on : 25-Jul-2007

Court : Guwahati

... for non-compliance of Section 56 of the Wakf Act, 1954, which required prior notice to the Advocate General. In the meanwhile, the new Wakf Act, 1995 came in. Under this new law, the Wakf Tribunal has been constituted to determine any dispute, question or other matters relating to Wakf or Wakf property. The suit of Md. Taiyab was registered as Wakf Case No. 2 of 2002. During the ... or revision under Wakf Act, 1995 any application challenging the order of Wakf Tribunal has to be construed as an application under Section 115 of the Code of Civil Procedure and such application should be dealt with within the parameters of Section 115 CPC. In my considered opinion, this authority is not applicable inasmuch as proviso to Section 83(9) of the Wakf Act, 1995 has ... of Civil Procedure starts with a negative language, the proviso to Sub-section (9) to Section 83 of the Wakf Act, 1995 is heavily pregnant with the powers of the High Court. Hence, in my considered view, the revisional powers conferred under the Wakf Act, 1995 cannot be equated with the restrictive and limited powers conferred under Section 115 of the Code of Civil Procedure. ... Civil Procedure. It is true that the revisional powers laid down under Section 83 (9) of the Wakf Act, 1995 cannot be equated with Article 227 of the Constitution of India. Despite this legal position, the revisional powers of the High Court embodied in the Wakf Act, 1995 is no less than the inherent powers laid down under Section 151 of the Code of Civil ...

Jan 04 2007

Trimbak S/o Khankdappa Bele Agriculturist and Sugreeva S/o Dhanappa Be ...

  • Decided on : 04-Jan-2007

Court : Karnataka

Reported in : 2007(2)KarLJ82

... respondent - Wakf Board submitted that when once the property is held as a wakf property, a person interested therein though may be a non-muslim still, the Wakf Act applies although there is no such notification being issued subsequently after the Wakf Act 1995 is indicated and the jurisdiction of the Wakf Tribunal oust the jurisdiction of the civil court as per Section 85 of the Act and ... Act makes it clear that after the commencement of the Wakf Act, 1995, no suit or other legal proceedings shall be instituted or commenced in a court in relation to any question referred to in Sub-section (1) of Section 6 of the Act and the Tribunal is empowered with jurisdiction in respect of a dispute after the commencement of the Act Further, the 1995 Act ... Government exercising power under Section 83(i) of the Wakf Act, 1995, constituted four Wakf Tribunals in Karnataka and pursuant to the same, the High Court has issued a notification and also directed the Sessions Judges of the concerned Division to transfer all the cases pertaining to the Wakf and Wakf Property to the newly constituted Wakf Tribunal, without specifying as to which are the ... as wakf property under the Wakf Act, 1995, there has to be a notice issued and enquiry be held alter notice under Section 4 and thereafter, the property has to be declared as wakf property. On such publication if there is a lis or dispute then only the Wakf Tribunal would entertain the matter.10. In the instant case, the property was notified as wakf ...

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

... Wakfs. Section 32 of the present Wakf Act, 1995 deals with Powers and functions of the Board and Section 32(2)(i) of the present Act also confers power on the Wakf Board to institute and defend suits and proceedings relating to Wakfs. Section 36 of the Wakf Act, 1954 had dealt with the duties of Mutawallis and Section 50 of the present Act, the Wakf Act, 1995 ... Wakf Act, 1995 deals with Powers and functions of the Board and Section 32(2)(i) of the present Act also confers power on the Wakf Board to institute and defend suits and proceedings relating to Wakfs. Section 36 of the Wakf Act, 1954 had dealt with the duties of Mutawallis and Section 50 of the present Act, the Wakf Act, 1995, deals with Duties of Mutawalli. Section 112 of the present Act ... Wakf property from being affected.' 22. Section 15 of the Wakf Act, 1954 which had been repealed by the present Act - Wakf Act, 1995, had dealt with the functions of the Board and Section 15(2)(h)(i) of the said Act had specified the Power of the Board to institute and defend suits and proceedings in a Court of law relating to Wakfs. Section 32 of the present Wakf Act, 1995 ...

Jan 23 2009

Wakf Imambara Imlipura Vs. Smt. Khursheeda Bi and Ors.

  • Decided on : 23-Jan-2009

Court : Madhya Pradesh

Reported in : AIR2009MP238; 2009(5)MPHT271

... the submissions, we note that the Wakf Act, 1995 has been enacted to bring a new comprehensive Act with respect to Wakf matter incorporating the features of 1954 Act and such provisions of 1954 Act with respect to which near reached consensus after holding wide discussion Wakf Tribunal has been constituted so as to consider matters about Wakf property and Wakf. Wakf Tribunal has been defined in Section 3 ... to any wakf, wakf property In the context in which such words have been used in Section 85 of the Wakf Act, 1995. Following discussion has been made in Yashpal Lala Shiv Narain v. Allatala Tala Malik Wakf Ajakhan (supra):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 ... Section 85 of the Wakf Act, 1995. Following discussion has been made in Yashpal Lala Shiv Narain v. Allatala Tala Malik Wakf Ajakhan (supra):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 to be determined by ... of the Wakf Act, 1995 whether the suit filed by the Wakf for ejectment of the tenant is maintainable before the Civil Court or such a dispute is to be adjudicated by Wakf Tribunal, under the Wakf Act, 1995.2. It is not in dispute that plaintiff in each of the case is a Wakf and suit has been filed for ejectment of tenant from Wakf property.3. ...

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