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Search Results Judgments > 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

... Act and the limits of jurisdiction being in terms of Sections 83 1) and 83(2) of the Act.2. 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 ... 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 wakf and wakf ... 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 the Act ... 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 wakf or otherwise.30. Though Sri. Navadgi, learned Counsel for the respondents - plaintiff would urge that the residuary provision as it occurs in Sub-section (2) of Section 83 of the Act ...

Jan 04 2008

The Karnataka State Board of Wakfs represented by its Chief Executive ...

  • Decided on : 04-Jan-2008

Court : Karnataka

Reported in : 2008(3)KarLJ641; 2008(1)KCCR281; 2008(2)AIRKarR488

... the Wakf Act, 1954 cannot be accepted.11. The impugned order having been passed in the year 2002 and the application having been filed in the year 1979, notwithstanding whether the provisions of the Wakf Act, 1954 or the provisions of the Wakf Act, 1995 are applied, the validity of the tenancy agreement is subject to the provisions of the Wakf Act. This ... Act, 1961, the provisions of Karnataka Certain Inams Abolitions Act, 1977 could be deemed to over ride the provisions of the Wakf Act, 1954 cannot be accepted.11. The impugned order having been passed in the year 2002 and the application having been filed in the year 1979, notwithstanding whether the provisions of the Wakf Act, 1954 or the provisions of the Wakf Act, 1995 ... Abolitions Act, 1977 to properties which are declared as Wakf properties.13. The provisions of the Karnataka Certain Inams Abolitions Act, 1977 being inconsistent with the personal law of Mohammedans relating to Wakfs is not relevant for the purposes of this case.14. As the possibility of a lease in respect of Wakf property is contemplated even under the Wakf Act, 1995, ... Wakf properties.13. The provisions of the Karnataka Certain Inams Abolitions Act, 1977 being inconsistent with the personal law of Mohammedans relating to Wakfs is not relevant for the purposes of this case.14. As the possibility of a lease in respect of Wakf property is contemplated even under the Wakf Act, 1995, the attraction of the provisions of the Karnataka Certain Inams Abolitions Act ...

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 ...

Mar 16 1966

V. Mohamed Mohin Vs. Madras State Wakf Board

  • Decided on : 16-Mar-1966

Court : Chennai

Reported in : AIR1968Mad243

... the Mussalman Wakf Act 42 of 1923, on the ground that the wakf fell under S. 3 of the Mussalman Wakf Validating Act 6 of 1913. Act 42 of 1923 applied to a wakf as defined therein, and the definition was this:'Wakf' ... wakf deed, Ex. A-22, dated 4-8-1941, executed by her. The Wakf Board constituted under the Wakf Act, 29 of 1954, notified them as wakfs under the Act. The plaintiff brought the suits for declaration that the properties mentioned in the deeds are not wakf properties and not liable to be notified under the Act ... wakf, which partly provided for the maintenance and support of the wakif's wife, children and descendants, and partly for religious and charitable objects, was excluded from the operation of the Mussalman Wakf Act 42 of 1923, on the ground that the wakf fell under S. 3 of the Mussalman Wakf Validating Act 6 of 1913. Act 42 of 1923 applied to a wakf ... wakf deed dated 7-10-1940, Ex. A-32, executed by one Rukhia Bi Sahiba, and the suit, O. S. No. 309 of 1960, concerns another wakf deed, Ex. A-22, dated 4-8-1941, executed by her. The Wakf Board constituted under the Wakf Act, 29 of 1954, notified them as wakfs under the Act ... Wakf Act, 29 of 1954, notified them as wakfs under the Act. The plaintiff brought the suits for declaration that the properties mentioned in the deeds are not wakf properties and not liable to be notified under the Act. His contention was that Rukhia Bi did not really intend these documents to come into force and that they were not also valid as wakfs ...

Jun 06 2011

Mohamed Mujeebur Rahman Vs. The State of Tamil Nadu And Ors.

  • Decided on : 06-Jun-2011

Court : Chennai

... basis that after the advent of the Wakf Act, 1995 (for brevity, Act 43 of 1995), the power of appointment of mutawalli and administration of the wakf transfers to the Wakf Board and therefore, the Scheme Court ... Act 43 of 1995 is not applicable. In fact, the said decision was considered in the later judgment of the Supreme Court in Board of Wakf, West Bengal v. Anis Fatma Begum and another (Civil Appeal No.5297 of 2004, dated 23.11.2010), wherein the Apex Court has held as follows: 15. Under Section 83(5) of the Wakf Act, 1995 ... Act 43 of 1995 relate to survey of wakfs at the initial stage. The Act 43 of 1995, while repealing the Wakf Act, 1954 as well as the Wakf (Amendment) Act, 1984, validates any action and specifically treats those actions taken earlier as that of the action taken under Act 43 of 1995, as it is seen under Section 112(3) of Act 43 of 1995 ... Act 43 of 1995, while repealing the Wakf Act, 1954 as well as the Wakf (Amendment) Act, 1984, validates any action and specifically treats those actions taken earlier as that of the action taken under Act 43 of 1995, as it is seen under Section 112(3) of Act 43 of 1995, extracted above.37. In any event, as stated above, the said Sections 6 and 7 of Act 43 of 1995 ... Act 43 of 1995, has also no application to the facts of the present case. The reason is that Sections 6 and 7 of Act 43 of 1995 relate to survey of wakfs at the initial stage. The Act 43 of 1995, while repealing the Wakf Act, 1954 as well as the Wakf (Amendment) Act ...

Apr 06 1962

Mohammed Jacoo Sait Vs. District Collector of Trichur District and Ors ...

  • Decided on : 06-Apr-1962

Court : Kerala

Reported in : AIR1962Ker343

... Wakf Board and the Act itself deals with the various matters relating to Wakfs. Section 2 of the Act, I have already indicated, is very clear to the effect that the Act shall apply to all Wakfs except as otherwise expressly provided under the Act. Section 55(1) of the Wakf Act clearly deals with a suit to obtain reliefs mentioned in Section 14 of the Religious Endowments Act ... Act clearly shows that the intention of the legislature was to confer wide and large powers on the Wakf Board and the Act itself deals with the various matters relating to Wakfs. Section 2 of the Act, I have already indicated, is very clear to the effect that the Act shall apply to all Wakfs except as otherwise expressly provided under the Act. Section 55(1) of the Wakf Act ... .14. As the preamble thereto shows, the purpose of the Wakf Act is to provide for the better administration and supervision of Wakfs. Section 2 of the Act says that, save as otherwise expressly provided under the Act, the Act shall apply to all wakfs whether created before or after the commencement of the Act But that does not mean that other laws like the Civil ... the relevant sections in the Wakf Act, 1954. The Act, as the preamble shows, is to provide for the better administration and supervision of wakfs. The relevant part of Section 2, excluding the proviso, is as follows:'Save as otherwise expressly provided under this Act, this Act shall apply to all wakfs whether created before or after the commencement of this Act.'From that it will ...

Apr 03 2012

D. Venkata Krishna Rao and Others Vs. Government of A.P., rep. by Prin ...

  • Decided on : 03-Apr-2012

Court : Andhra Pradesh

... 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 ... for invalidation of the Wakf Board notification issued in 2006. The two questions need to be addressed without ignoring the fact that persons interested in the wakf have already filed suits before the Andhra Pradesh State Wakf Tribunal (the Wakf Tribunal) under the Wakf Act, 1995 (the Wakf Act, for brevity) and are pending for trial. The battle line between the group opposing the wakf boards ... 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 and hence once the property is found to be a Wakf ... 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. (emphasis supplied ...

Apr 03 2012

D.Venkata Krishna Rao Vs. Government of A.P., rep. by Principal Se

  • Decided on : 03-Apr-2012

Court : Andhra Pradesh

... 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 ... for invalidation of the Wakf Board notification issued in 2006. The two questions need to be addressed without ignoring the fact that persons interested in the wakf have already filed suits before the Andhra Pradesh State Wakf Tribunal (the Wakf Tribunal) under the Wakf Act, 1995 (the Wakf Act, for brevity) and are pending for trial. The battle line between the group opposing the wakf board's ... 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 and hence once the property is found to be a Wakf ... 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. (emphasis supplied ...

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 ...

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

... 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 Wakf or for possession of any interest in such ... Wakfs Act, 1954 is also dependant upon a consideration of the Public Works (Extension of Limitation) Act, Central Act 29 of 1959 and the subsequent Wakf (Tamil Nadu Amendment) Act, 1982 in and by which Section 59-A and 59-B were inserted in the Central Act of 1954. As a result of Section 112(3) of the Wakf Act, all the State Acts corresponding to the present act ... Wakf Act, Limitation Act, 1908 and 1963, the moot question that needs to be decided in this appeal is whether Section 107 of the Wakf Act is retrospective in operation or whether it can have the effect of reviving barred claims. Section 107 of the Wakf Act was made inapplicable to any suit for recovery of Wakf properties under the Limitation Act, 1963. As noted herein earlier, the Wakf Act ... Wakf Act was made inapplicable to any suit for recovery of Wakf properties under the Limitation Act, 1963. As noted herein earlier, the Wakf Act was enacted at the time when the second appeals of the appellants were pending. Before we decide the question as posed, we may note the relevant provisions of the different Acts which are as follows:Since Section 107 of the Wakf Act ...

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