Court : Andhra Pradesh
Reported in : 2000(1)ALD452; 1999(6)ALT725
..... for the petitioners,mr. vedula venkata ramana, contendsthat the board has no jurisdiction or authority in law as the provisions of the wakf act, 1995 (for short 'the act'), do not confer any jurisdiction upon the board to determine the tenancy between the wakf institution and its tenants. it is urged that the notice, if at all, any, could have been issued only by the ..... business, as per the islamic religion. however, the court, in the instant writ petition is not concerned will the said controversy. it is submitted that under section 32 of the wakf act, 1995, the board has jurisdiction in law to determine the lease. the power to issue such a notice is traced to section 32 of ..... , gift, mortgage, exchange or lease in accordance with the provisions of the act. the board is also conferred with the power to do all such acts as may be necessary for the control, maintenance and administration of the wakf. 13. section 51 of the wakf act, 1995, declares that notwithstanding anything contained in the wakf deed, any gift, sale, exchange or mortgage of any immovable property which ..... . whether the notice issued by the first respondent-board under section 106 of the transfer of property act, suffers from any jurisdictional errors. 2. whether the wakf board is entitled to issue such a notice in purported exercise of its power under section 32 of the wakf act, 1995. 10. at the outset, it must be made clear that the court, in the instant writ .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1996(2)ALT30
..... the state government is the expression of intention to have the board established. the board cannot, merely because the notification is issued in this behalf under section 13 of the wakf act, 1995, function unless such individuals who constitute the board as members are appointed. members can be officially appointed by the notification in the official gazette by the state government under section ..... conformity with the freedom to manage religious affiars, one of the basic or the fundamental of the india's democratic quality that section s 13 and 14(9) of the wakf act, 1995 have provided for a balance between the elected members of the board and the nominated members of the board by providing inter alia that the number of elected members of ..... with that of the power of the state government to appoint the members of the board by notification in the official gazetee as contemplated under section 14(9) of the wakf act, 1995 on being elected from each of the electoral colleges consisting of muslim members of parliament from the state, muslim members of the state legislature, muslim members of the bar council ..... state government by notification in the official gazette.'the most striking difference in the appointment of members as was in section 11 of me wakf act, 1954 and the composition of the board under section 14 of the wakf act, 1995 act is that instead of being appointed by the state government in the categories of persons (1) members of the state legislature and members of .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2002(5)MPHT181; 2002(2)MPLJ50
..... expressed by justice s.a kader, former judge of high court of madras in his book on 'the law of wakfs', 1999 edition page 267, which is a lucid commentary on the wakf act, 1995.9. there is inbuilt safeguard in the provisions of the wakf act, 1995 in the form of the principles of natural justice at every stage before a property is declared to be ..... no. 3 has submitted a separate application stating therein that according to section 6 of the wakf act, 1995 the dispute can be decided only by the wakf tribunal constituted under this act. it is said that the lands in dispute are registered as wakf property in the register of wakfs. in reply to these applications the plaintiffs have submitted that shafiq hasan who was the bhumiswami ..... a sequal to this decision the explanation to section 6(1) was introduced by the amendment act 69 of 1984 in the wakfs act, 1954. the amendment in this respect in 1984 was never enforced and that explanation has been retained in section 6(1) of the wakf act, 1995. as already discussed the phrase 'any person interested therein' used in section 6(1) has been ..... been argued on behalf of the petitioners that in view of sections 6, 40 and 85 of the wakf act, 1995 the jurisdiction of the civil court has been specifically excluded and it has been conferred on the wakf tribunal constituted under section 83 of this act. on the other hand it is argued that the question of jurisdiction of the civil court in this .....Tag this Judgment!
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 .....Tag this Judgment!
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 .....Tag this Judgment!
Court : Chennai
..... bengal vs. anis fatma begum & anr.] has been pleased to lay down as under:'10. in our opinion, all matters pertaining to wakfs should be filed in the first instance before the wakf tribunal constituted under section 83 of the wakf act, 1995 and should not be entertained by the civil court or by the high court straight away under article 226 of the constitution ..... . 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 and hence once the property is found to be a wakf property as defined in section 3(r), then any dispute, question or other matter relating ..... to it should be agitated before the wakf tribunal.....8. under section 83(5) of the wakf act, 1995 the tribunal has all powers of the civil court under the code of civil procedure, and hence it has also powers under order 39 rules, 1, 2 and 2a of ..... ), decided on 31.1.2005 , reported in 2005-1-lw 676, that all disputes relating to wakf should be filed in the first instance before the wakf tribunal, constituted under sec.83 of the wakf act, 1995 and the writ petitions should not be entertained directly by this court under art.226 of the constitution as there is alternative remedy. against the aforesaid judgment of .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(1)ALD67; 2002(2)ALT534
..... the order of the ceo reads thus:the chief executive officer, in exercise of the powers conferred under section 54(3) of the wakf act, 1995 conducted an enquiry by deputing the surveyor and inspector-auditor to inspect the spot and submit the factual report and the surveyor and inspector- ..... remedy to prefer an appeal, in terms of sub-section (4) of section 83 of the wakf act, the writ petition is maintainable? 15. section 4 of the wakf act, 1995 deals with preliminary survey of wakfs. under sub-section (3) of section 4 the survey commissioner after making an enquiry in respect ..... is a dispute with regard to certain property as to whether it is wakf property or not the only forum which can decide it is the tribunal created under the wakf act, 1995. the judgments of this court in. t. shiavalingam v. a.p. wakf tribunal, hyderabad : 1999(3)ald646 , m. bikshapathi v. government ..... of wakfs existing at the date of the commencement of the act has to submit a report to the state government ..... 21-1-1098 situated at rikabgunj. subsequently, the revenue divisional officer - 2nd respondent initiated proceedings on 24.5.2000 under section 55 of the wakf act for eviction of the petitioners. according to the petitioners, they had already made constructions on ground, first and second floors.8. it appears that .....Tag this Judgment!
Court : Chennai
Reported in : (2003)2MLJ526
..... the written statement filed and the defendants have raised a plea that the suit property is not a wakf property. there is also a plea that the civil court has no jurisdiction after the enactment of wakf act, 1995. the written statement was filed before the court on 4.2.2002 and on 20.2.2002, ..... and they have also not produced any evidence or material to show that after 9.4.2002 they have taken steps to initiate proceedings under the wakf act. 91. it is also relevant to mention here that the learned supervisor was in charge of the administration of the trust from 12.1.2002 ..... suit and the suit was withdrawn only on the basis of legal opinion obtained and the suit was withdrawn only to approach the tribunal constituted under the wakf act and it was done in a bona fide manner. 90. we have called for the records from the learned receiver and the learned receiver has ..... board members have either approached the learned supervisor or the learned receiver for taking proceedings under the wakf act and the elected members have not produced any material to show that they have taken any action under the wakf act during the interregnum period between 13.1.2002 to 29.7.2002. 92. we are not ..... on the question whether the civil court has the jurisdiction or the chief executive officer under the wakf act has the jurisdiction to remove the encroachment when the trust claims that the property in question is a wakf property. we see from the sequence of events, it is apparent that the suit was withdrawn .....Tag this Judgment!
Court : Mumbai
Reported in : 2010(112)BomLR2207
..... .12.2007. it also appears that the said order dated 01.12.2007 passed by respondent no. 2 was challenged by the present applicant before the wakf tribunal, aurangabad under section 83(2) of the wakf act, 1995 by filing application no. 27/2007. however, vide order dated 11.06.2008, application no. 27/2007, filed by the applicant came to be rejected ..... exceeded any powers beyond his jurisdiction and hence prayed for dismissal of the civil revision application.8. in section 3 of the wakf act, 1995, certain definitions are given. as per section 3(c) of the said act, 'board' means a board of wakf established under sub-section (1) or as the case may be, under sub-section (2) of section 13 and shall ..... report then the proper remedy available under the provisions of the wakf act is to prefer an appeal / application under section 83(2) of the wakf act 1995 before the wakf tribunal. according to learned counsel for the applicant, the mutawallis are the trustees of the wakf registered with the wakf board and under the provisions of the wakf act, the ceo is not empowered to remove the elected mutawalli ..... / trustee of the wakf. in the premise, according to learned counsel for the applicant .....Tag this Judgment!
Court : Supreme Court of India
..... mentioned above. but before we do so, we need to briefly refer to the scheme of the wakf act, 1995 and the historical background in which the same was enacted.4. wakfs and matters relating thereto were for a long time governed by the wakf act, 1954. the need for a fresh legislation on the subject was, however, felt because of the ..... a common question of law for our determination the same were heard together and shall stand disposed of by this common order. the question is whether the wakf tribunal constituted under section 83 of the wakf act, 1995 was competent to entertain and adjudicate upon disputes regarding eviction of the appellants who are occupying different items of what are admittedly ..... bring a comprehensive legislation in the form of wakf act 1995 for better administration of wakfs and matters connected therewith or incidental thereto. chapter i of the 1995 act deals with preliminaries like definitions, title, extent and commencement and application of this act. chapter ii provides for preliminary survey of wakfs, publication of list of wakfs, disputes regarding wakfs and also the powers of the tribunal to ..... to the filing of the present appeals as already noticed above.2. whether or not the wakf tribunal can entertain and adjudicate upon a dispute regarding eviction of a tenant holding wakf property under the wakf board, would depend upon the scheme of the wakf act, 1995 and express or implied exclusion of the jurisdiction of the civil courts to entertain any such .....Tag this Judgment!