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

Apr 10 2013

Sri Pratapa Seetharama Sastry and anothe Vs. Sri Seethepalli Kutumbayy ...

  • Decided on : 10-Apr-2013

Court : Andhra Pradesh

..... in cases of alienation of properties which are claimed to belong to religious and charitable endowments falling under the a.p. hindu religious institutions and endowments act, 1987, or wakfs falling under the wakfs act, 1995, unless relevant material is available before the registering officers to show that they are owned by such institutions, registration of the documents shall not be ..... respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so; (d) agricultural or urban lands declared as surplus under the andhra pradesh land ..... reforms (ceiling on agricultural holdings) act, 1973 or the urban land (ceiling and regulation) act, 1976; (e) any documents or class of documents pertaining to the ..... weight to the opinion of the revenue authorities on the aspect whether the property belongs to the government, or charitable or hindu religious institutions and endowments, or wakfs or the local bodies. this unilateral assumption by the officials of the registration & stamps, and the revenue departments and refusal to receive and register the documents on .....

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Jun 19 2014

K.S.Sharfudeen Vs. 1.Union of India,

  • Decided on : 19-Jun-2014

Court : Chennai

..... above contentions. contention no.1 24.as we have stated earlier, the first contention of the learned senior counsel for the petitioner is that under section 14 of the wakf act, 1995, the wakf board shall consist of (a) a chairperson (b)one and not more than two members elected from each of the electoral colleges consisting of (i)muslim members of ..... selected members, would exercise their powers without any fetter. the four honourable single judges of this court held uniformly that the district judges, after the commencement of the wakf act, 1995 had no jurisdiction at all to exercise their supervisory control regarding the scheme formulated earlier by the courts, and their power to exercise such supervisory control regarding the scheme ..... selected members, would exercise their powers without any fetter. the four honourable single judges of this court held uniformly that the district judges, after the commencement of the wakf act, 1995 had no jurisdiction at all to exercise their supervisory control regarding the scheme formulated earlier by the courts, and their power to exercise such supervisory control regarding the scheme formulated ..... filed by one of the appointees challenging the constitutional validity of the explanation under section 32 (1) and clause (g) of sub section (2) of section 32 of the wakf act, 1995. therefore, the learned judge passed the following order on 13.12.2012: heard both sides. 2.at the time of hearing, mr.veera kathiravan, learned counsel appearing for .....

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Aug 01 2012

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

  • Decided on : 01-Aug-2012

Court : Mumbai - Aurangabad

..... delegated to the chief executive officer and he has rightly exercised the power vested in him. the learned counsel has also invited my attention to the relevant provisions of wakf act, 1995, which enables the wakf board to pass resolution authorizing the chief executive officer to exercise the powers and pursuant to such delegation of power, the powers are exercised by the chief executive ..... is submitted that, even after there is any contravention still the power vests to the board. the board is required to be as per provisions of section 14 of the wakf act, 1995. in the state of maharashtra, in fact, there is no properly established board as per law, as it is held in the following cases by the bombay high court. (1 ..... invited my attention to the provisions of sections 51 and 52 of 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 ..... applicable to the present case. it is submitted that, the tribunal has not considered that, the land was granted for kazat (madadmash) as per muntakhab, therefore, the provisions of wakf act, 1995 are not attracted. it is further submitted that, notice of the said proceedings was not properly served to the revision applicants and therefore, they could not defend their case before .....

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Aug 01 2012

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

  • Decided on : 01-Aug-2012

Court : Mumbai - Aurangabad

..... delegated to the chief executive officer and he has rightly exercised the power vested in him. the learned counsel has also invited my attention to the relevant provisions of wakf act, 1995, which enables the wakf board to pass resolution authorizing the chief executive officer to exercise the powers and pursuant to such delegation of power, the powers are exercised by the chief executive ..... is submitted that, even after there is any contravention still the power vests to the board. the board is required to be as per provisions of section 14 of the wakf act, 1995. in the state of maharashtra, in fact, there is no properly established board as per law, as it is held in the following cases by the bombay high court. (1 ..... invited my attention to the provisions of sections 51 and 52 of 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 ..... applicable to the present case. it is submitted that, the tribunal has not considered that, the land was granted for kazat (madadmash) as per muntakhab, therefore, the provisions of wakf act, 1995 are not attracted. it is further submitted that, notice of the said proceedings was not properly served to the revision applicants and therefore, they could not defend their case before .....

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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

..... . though this judgment has been rendered on 1.8.1996 it seems that the attention of the learned judges has not been invited to the wakf act 1995 which came into force on 1.1.1996. had the wakf act 1995 and this explanation in section 32 been brought to the notice of their lordships, i am persuaded, that their decision would have been otherwise....37 ..... the country, which resulted in increase in pendency of cases in the courts. hence, a special tribunal has been constituted for deciding such matters.4. section 83(1) of the wakf act 1995 states,83. constitution of tribunals, etc.- (1) the state government shall, by notification in the official gazette, constitute as many tribunals as it may think fit, for the determination of ..... 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 reads as under:32. powers and functions of the board:- (1) subject to any ..... . 13. from the judgments cited above, it is the case of the respondents that a scheme suit is maintainable in a civil court notwithstanding the introduction of wakf act, 1995. per contra, mr. r.gandhi, learned senior counsel appearing for the petitioners and mr. v. raghavachari, learned counsel for the third respondent who has been impleaded himself in this crp .....

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May 02 2003

Anis Fatma Begum Vs. Board of Wakf

  • Decided on : 02-May-2003

Court : Kolkata

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

..... that which will create a conflict. mr. munshi submitted that if it was the intention of the legislature that the provisions of the wakf act, 1954, or the wakf act, 1995, were to be applicable to all wakfs including wakf-al-al-aulad, then the words 'to the extent to which the property is dedicated for any purpose recognised by the muslim law ..... considered the submissions made on behalf of the respective parties and the language of section 3(r) of the wakf act, 1995, we are inclined to agree with mr. munhsi that the wakf act, 1995, will have application to wakfs-al-al-aulad or wakfs created for private and secular purposes to the extent of the provisions made therein for religious and charitable purposes. but ..... 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, mr. munshi submitted that although a distinction ..... of this court, regarding the applicability of the wakf act, 1995, to those portions of the wakf estate set apart as wakf-al-al-aulad. 20. mr. munshi submitted that the legal anomaly created on account of the different definitions of the expression 'wakf and 'wakf-al-al-aulad' in the bengal wakf act, 1934 and the wakf act, 1995, is required to be resolved for the .....

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Apr 21 2009

Hanumanthu Krishna Rao and Ors. Vs. The Sub-Registrar, Ponduru and Anr ...

  • Decided on : 21-Apr-2009

Court : Andhra Pradesh

Reported in : 2009(4)ALT511

..... respect of immovable property, owned by religious and charitable endowments falling- under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so.(d) agricultural or urban lands declared as surplus under the andhra pradesh land reforms ..... (ceiling and regulation) act, 1976;(e) any documents or class of documents pertaining to the properties the state government may, by notification prohibit the registration in ..... not justified in denying the registration on the strength of the letter received from the 2nd respondent. he places reliance upon certain judgments in mallaram govindamma v. the district collector : 1995(3)alt870 , g. satyamma v. r. venkataraju : 1998(5)ald410 and vallabhaneni subba rao v. collector, hyderabad : 1999(1)ald549 .7. learned government pleaders for revenue ..... of the document presented by them. through the impugned endorsement, the 1st respondent held, that in view of the prohibition contained under section 22a(1)(c) of the act, the document cannot be admitted to registration. the petitioners contend that, except making a bald claim, the 2nd respondent did not place any material before the 1st respondent, .....

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Jan 18 2012

The Guntur City House Construction Coope Vs. The Tahsildar, Guntur Man ...

  • Decided on : 18-Jan-2012

Court : Andhra Pradesh

..... in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so;d) agricultural or urban lands declared as surplus under the andhra pradesh land reforms ( ..... ceiling on agricultural holdings) act, 1973 or the urban land (ceiling and regulation) act, 1976;e) any documents or class of documents pertaining to the properties the state government ..... respect thereof should be prohibited. that provision was set aside by this court following the judgment rendered by the supreme court. thereafter, section 22-a of the act was inserted through act 19 of 2007 and it reads as under:5. 22-a. prohibition of registration of certain documents:1) the following classes of documents shall be prohibited from ..... of the properties acquired by the petitioner figured in that list. since the inclusion of those lands would attract prohibition contained in section 22-a of the registration act, 1908 (for short "the act") as amended by the a.p. state legislation, the petitioner challenges the proceedings dated 30.08.2010 issued by the first respondent.2. sri p. vijaya .....

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Mar 13 2012

Ms. Boulder Hills Villa Owners

  • Decided on : 13-Mar-2012

Court : Andhra Pradesh

..... years in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so; (d) agricultural or urban lands declared as surplus under the andhra pradesh land reforms ..... (ceiling on agricultural holdings) act, 1973 or the urban land (ceiling and regulation) act, 1976; (e) any documents or class of documents pertaining to the properties the state government may ..... the project is in tact. necessary measures in this regard can certainly be taken. the g.o. was issued in exercise of power under section 22-a of the registration act. it reads: "22-a prohibition of registration of certain documents:- (1) the following classes of documents shall be prohibited from registration, namely:- (a) documents relating to transfer ..... d.prakash reddy, learned senior counsel, and sri r.raghunandan rao, learned counsel. they submit that the impugned g.o., is ultra vires section 22-a of the registration act, apart from being unconstitutional. it is pleaded that as of now, the land in question stood absolutely vested with the emaar hills township pvt. ltd., on the basis .....

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Jul 25 2007

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

  • Decided on : 25-Jul-2007

Court : Guwahati

..... , in both the revision applications, the petitioners have also invoked article 227 of the constitution of india along with section 83 (9) of the wakf act, 1995. hence, i hold that high court's powers to examine the legality of the impugned order are not fettered with the limitations and restrictions prescribed under ..... article 227.17. however, the revisional authority of the high court and the scope and ambit of proviso to section 83 (9) of the wakf act, 1995 can be equated with section 151 of the code of civil procedure. it is because under both these provisions, appropriate orders can be passed as ..... *** *** ***16. a bare comparison of the provisions of section 115 cpccpccpc with that of the proviso to section 83(9) of the wakf act, 1995 would show that while the revisional powers under the code of civil procedure has restricted the authority of the high court with regard to reversing the ..... parameters of section 115 cpccpccpc. in my considered opinion, this authority is not applicable inasmuch as proviso to section 83(9) of the wakf act, 1995 has made a provision for reviewing the orders of tribunal. hence, the situation in the present case is different than what was in the case ..... apex court. the main purpose for citing this authority is that in absence of any provision for appeal 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 .....

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