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Search Results Judgments > Act:WAKF ACT, 1995

Mar 27 1978

Tamil Nadu Wakf Board Vs. M. Ebrahim, Musuee Muthavalli and Ors.

  • Decided on : 27-Mar-1978

Court : Chennai

Reported in : AIR1979Mad231; (1979)1MLJ189a

... Wakf Act, 1947, as far as West Bengal was concerned, there was the West Bengal Wakf Act, 1934 and as far as Uttar Pradesh was concerned, there was the Uttar Pradesh Muslim Wakfs Act, 1936 subsequently replaced by the Uttar Pradesh Muslim Wakfs Act, 1960. The relevancy of the reference to these Acts is that these Acts contained provisions for the Wakf Board exercising control over purely private wakfs, namely, wakf ... Wakf Act, 1934 and as far as Uttar Pradesh was concerned, there was the Uttar Pradesh Muslim Wakfs Act, 1936 subsequently replaced by the Uttar Pradesh Muslim Wakfs Act, 1960. The relevancy of the reference to these Acts is that these Acts contained provisions for the Wakf Board exercising control over purely private wakfs, namely, wakf-alal-aulad simpliciter also though to a lesser extent than in the case of other wakfs ... Wakf Acts containing elaborate provisions for supervising and controlling the management of wakfs. As far as Bihar was concerned, there was the Bihar Wakf Act, 1947, as far as West Bengal was concerned, there was the West Bengal Wakf Act, 1934 and as far as Uttar Pradesh was concerned, there was the Uttar Pradesh Muslim Wakfs Act, 1936 subsequently replaced by the Uttar Pradesh Muslim Wakfs Act ...

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 ...

Jan 02 2002

Amil Hakimuddin and Ors. Vs. Abbas Husain and Ors.

  • Decided on : 02-Jan-2002

Court : Madhya Pradesh

Reported in : 2002(5)MPHT181; 2002(2)MPLJ50

... Wakf Act, 1995 has come into force from 1-1-1996. Section 112 of this Act repeals the earlier law on the subject. By virtue of Section 112(3) the Wakf (Madhya Pradesh Amendment) Act, 1994 which came into force on 5-1-1995 stands repealed. The relevant provisions of the new Act must be examined. Section 4 provides for appointment of Survey Commissioner of Wakf ... 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 wakf ... Wakf Board, AIR 1997 MP 8. That was a case in which the provisions of the Wakf (Madhya Pradesh Amendment) Act, 1994 were considered which now stands repealed by the Wakf Act, 1995. In that case the provision in the Explanation to Section 6(1) of the Wakf Act ... 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 of these lands never made their dedication as wakf ...

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 ...

Sep 24 1965

Edulla Saheb Mohamed Ghouse vs. Madras State Wakf Board

  • Decided on : 24-Sep-1965

Court : Chennai

Reported in : AIR1966Mad439

... Wakf Act, 1954, the Wakf Board called upon the plaintiff to register the institution as a wakf under the Act. The plaintiff contended that the suit Takya was not a wakf and that the properties were not wakf properties and that the original grant was by a Hindu Raja and therefore the institution would not be wakf under the Muslim Wakfs Act 1954. He further contended that the subsequent amending Act ... construed, the grant by itself will not be a wakf.(7) Mr. Mohamad Ismail, learned counsel for the respondent, submits that, even if it is found that the original grant would not be a wakf, the subsequent user would bring the institution and the properties under the Wakf Act. Under the Muslim Wakf Act, 1954, Wakf includes a wakf by user also. It is submitted by the respondent ... be comprised in that wakf and be dealt with in the same manner as the wakf in which it is so comprised."\Coming into force of this amendment makes it unnecessary to consider the question whether the Madras Act 19 of 1961 is repugnant to Muslims Wakf Act (Central Act) of 1954, and as President's assent was not received the Madras Act is void under Art ... same manner as the wakf in which it is so comprised."\Coming into force of this amendment makes it unnecessary to consider the question whether the Madras Act 19 of 1961 is repugnant to Muslims Wakf Act (Central Act) of 1954, and as President's assent was not received the Madras Act is void under Art. 254 of the Constitution.(4) According to Act 34 of 1964 ...

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 ...

Sep 09 2009

Md. Moinuddin Son of Nawab Shah alias Md. Nawab Ali Vs. Md. Mustafa So ...

  • Decided on : 09-Sep-2009

Court : Patna

Reported in : AIR2010Pat24,2010(58)BLJR4

... a civil court before commencement of the Act and if any suit has been instituted in any civil court prior to coming into force of the Wakf Act, 1995, then the Tribunal will have no jurisdiction to decide such matter and to continue and conclude as if Act has not come into force.19. The ... Act had held that-the Tribunal shall not have jurisdiction to determine any matter which is subject matter of any suit or proceeding instituted or commenced in a civil court before commencement of the Act and if any suit has been instituted in any civil court prior to coming into force of the Wakf Act, 1995 ... of Section 7 and Section 85, the result would be that the Act will not be applicable to the pending suits or proceedings or appeals or revisions which have commenced prior to 1.1.1996 i.e. coming into force of the Wakf Act, 1995.20. This Court, therefore, following the ratio of the Apex ... time the Wakf Tribunal will have no jurisdiction in respect of pending suits before the commencement of the Act. This Court in fact would find that there was also no contrary intention under Section 112 of the Act, the repeal and saving clause under the Act and even though the Wakf Act, 1954 and Wakf Amendment Act, 1984 ... of the Act, the repeal and saving clause under the Act and even though the Wakf Act, 1954 and Wakf Amendment Act, 1984 were sought to be repealed, since there was no provision of a Tribunal in the aforesaid old Act for excluding the power of the civil court in terms of Section 7 of the Act it ...

Jan 05 2007

Syed Munavvaruddin Quadri Vs. Chief Executive Officer, A.P. State Wakf ...

  • Decided on : 05-Jan-2007

Court : Andhra Pradesh

Reported in : 2007(3)ALD711; 2007(4)ALT192

... in the Act or A.P. Wakf Rules, 2000 (A.P. Rules, for brevity) to conduct election of Managing Committee by the Mussallies though such procedure was in vogue when Wakf Act, 1954 (1954 Act) was the regulating law. He also submits that 1954 Act has been repealed and the byelaws made thereunder have not been saved by Section 112 of the Wakf Act, 1995. On merits ... the Wakf Act, 1995 (the Act, for brevity). Learned Counsel for the petitioner and learned Standing Counsel for Wakf Board made submissions on this question. Learned Counsel for the petitioner submits that Section 18 of the Act permits the Wakf Board to order election of Managing Committee. He placed reliance on the decision of Karnataka High Court in Masjid-E-Islammabad v. Karnataka Board of Wakf ... election of Committee is contemplated under the provisions of the Act and A.P. Rules.6. The Wakf Act, 1995 provides for better administration of wakfs and matters connected therewith. Section 3(c) defines 'Board' means a Board of Wakf established under Sub-section (1), or under Sub-section (2) of Section 13. The Wakf Board shall be a body corporate having perpetual succession ... Section 112 of the Wakf Act, 1995. On merits, he submits that when there were two reports by the same Officer of the Revenue Department, it is reasonable to stop election when a Managing Committee is already appointed by nomination.5. The core question that requires to be considered is whether the Wakf Act, 1995 or A.P. Wakf Rules, 2000, contemplate election ...

Jan 11 2005

Manick Mohan Saha and Ors. Vs. Md. Masudal Haque and Ors.

  • Decided on : 11-Jan-2005

Court : Kolkata

Reported in : (2005)1CALLT357(HC),2005(1)CHN512

... Bengal Wakf Act, 1934 was in force. But the said Act was repealed by the Wakf Act of 1995. In the circumstances, the question comes as to whether the suit will be disposed of either in terms of the Bengal Wakf Act of 1934 or in terms of the provisions of Wakf Act of 1995. This question appears in view of the provisions of Section 51 of the Wakf Act, 1995 wherein ... Act was repealed by the Wakf Act of 1995. In the circumstances, the question comes as to whether the suit will be disposed of either in terms of the Bengal Wakf Act of 1934 or in terms of the provisions of Wakf Act of 1995. This question appears in view of the provisions of Section 51 of the Wakf Act, 1995 wherein it is stated that notwithstanding anything contained in the Wakf ... either in terms of the Bengal Wakf Act of 1934 or in terms of the provisions of Wakf Act of 1995. This question appears in view of the provisions of Section 51 of the Wakf Act, 1995 wherein it is stated that notwithstanding anything contained in the Wakf Deed, any gift, sale or exchange, mortgage of any immovable property which is Wakf property, shall be void unless such ... the Wakf Act, 1995 wherein it is stated that notwithstanding anything contained in the Wakf Deed, any gift, sale or exchange, mortgage of any immovable property which is Wakf property, shall be void unless such gift, sale, exchange or mortgage is effected with the prior sanction of the Board. The facts of this case suggest that the vendors applied to the Commissioner of Wakf ...

Oct 11 2004

Abdur Rahim Dewan Vs. State of West Bengal and Ors.

  • Decided on : 11-Oct-2004

Court : Kolkata

Reported in : 2005(4)CHN522

... Wakf Act, 1995 and as such, is required to act in accordance with power vested in it by virtue of such statute. Under the Wakf Act, 1995, the Tribunal is required to function both as original and appellate authority. As provided in Section 83(5) of the Act ... Act, there was no provision of appeal before the Tribunal against an order removing the Mutawalli, but by virtue of a decision of a Division Bench of this Court giving liberty to the petitioner to prefer such appeal before Tribunal, the appeal was preferred and such decision is binding upon the parties. The Tribunal in this case is a creature of Wakf Act, 1995 ... 1995 decided to remove the present petitioner from the post of Mutawalli for misdealing with the Wakf property and appointed Enayat Ali Dewan and Mst. Hasina Bibi as Joint Mutawalli's under Section 40 of the Bengal Wakf Act, 1934 for two years.(e) Thy present petitioner, consequently, filed a writ application being C.O. No. 21128 (W) of 1995 challenging the decision of the Wakf ... Wakf referred the matter to the Board for taking decision and the Board by its resolution dated August 29, 1995 decided to remove the present petitioner from the post of Mutawalli for misdealing with the Wakf property and appointed Enayat Ali Dewan and Mst. Hasina Bibi as Joint Mutawalli's under Section 40 of the Bengal Wakf Act ...

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