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Search Results Judgments > Act:WAKF ACT, 1995 Page:2

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 But the said Act was repealed by the Wakf Act of 1995.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 Act was repealed by the Wakf Act of 1995.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 ...

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 ...

Mar 12 1996

Muslim Minority Front, rep. by its Secretary, Sri Mohd. Abdul Muqueet ...

  • Decided on : 12-Mar-1996

Court : Andhra Pradesh

Reported in : 1996(2)ALT30

... appointed, the Board appointed under the Wakf Act, 1954 shall survive the notification Under Section 1(3) of the Act and the notification Under Section 13 of the Wakf Act, 1995 but shall cease and all members of the Board appointed under Section 11 of the Wakf Act, 1954 shall vacate their office the moment notification Under Section 14(9) of the Wakf Act, 1995 is issued. They can hold the ... the corresponding provisions of the Act, i.e. the Wakf Act, 1995. Questions that have been posed before us thus on account of the repeal of the Wakf Act, 1954 are whether the Board Constituted in accordance with Section 11 of the Wakf Act, 1954 survives the repeal and is it a Board deemed to have been constituted under the corresponding provisions of the Wakf Act, 1995. We have received ... Section 14 of the Wakf Act, 1995.The savings need not be referred to the General Clauses Act for Section 112 of the Wakf Act, 1995 has along with the repeal of the Wakf Act, 1954 envisaged not with standing such repeal 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. 'Done or ... 11 of the Wakf Act, 1954 shall take one to Section 14(9) of the Wakf Act, 1995; but is it possible to see corresponding provisions to the provisions in Section 11 of the Wakf Act, 1954 in Section 14(9) of the Wakf Act, 1995? Dealing with a case of repeal in respect of a local proceeding or remedy continued or in force under the new Act in which ...

Dec 01 1999

Punjab Wakf Board Vs. Gram Panchayat @ Gram Sabha

  • Decided on : 01-Dec-1999

Court : Supreme Court of India

Reported in : JT1999(9)SC544; (2000)126PLR477; 1999(7)SCALE404; (2000)2SCC121; [1999]Supp5SCR127

... Wakf Act, namely 'the Board or the mutawalli of the Wakf or any person interested therein ', would show that the requirement to file a civil suit within one year of the Notification under the Wakf Act as mentioned in Sub-section (2) of Section 6 of the Wakf Act was in connection with any dispute between the Wakf Board in the one hand and the mutawalli, of the Wakf ... is preferred by the Punjab Wakf Board against the Judgment of the Punjab High Court in R. S.A. No. 1712/1995 dated 6.12.1996. By that Judgment, the Punjab High Court confirmed the Judgment of the Additional District Judge, dated 5.10. ... Wakf Act as mentioned in Sub-section (2) of Section 6 of the Wakf Act was in connection with any dispute between the Wakf Board in the one hand and the mutawalli, of the Wakf on the other or any person interested therein. The word 'therein' was interpreted as meaning 'interested' in the Wakf ... Punjab Village Common Land (Regulations) Act, 1961?Point No. 1:13. Chapter II of the Wakf Act, 1954 refers to the preliminary survey of Wakfs and Section 5 deals with the publication of the list of Wakfs. Section 5 reads as follows:5. Publication of list of Wakf:- (1) On receipt ... Wakf Act. 1954 is conclusive on the question whether the property is of the Wakf or not and that the decision of the Assistant Collector and the Collector that the property is not wakf property is void, inasmuch as no suit has been filed within one year of Notification issued under Sub-section (2) of Section 5 of the Wakf Act ...

Jan 20 1982

Sk. Abdul Latif Vs. Commissioner of Wakfs and Anr.

  • Decided on : 20-Jan-1982

Court : Kolkata

Reported in : AIR1982Cal288,86CWN434

... Judge that the wakf estate has been enrolled with the description that it is a wakf-alal-aulad which under Section 6 (11) of the Bengal Wakf Act means a wakf under which not less than 75 per cent of the net available income is for the time being payable to the wakf for himself ... the order passed by the Commissioner of Wakfs under Section 27 of the Bengal Wakf Act. The petitioner who is the appellant herein, is alleged to be mutwalli and the respondent No. 2 is alleged to be beneficiary under the Wakf created by one Sk. Panchkari who executed wakf and registered the Wakfnama on 10th ... again to the Commissioner of Wakfs for recording her name as mutwalli in respect of the wakf estate. The Commissioner of Wakfs by an order dated 6th Nov. 1977 removed the petitioner from the post of mutwalli and appointed Masuda Bibi to act as mutwalli of the wakf estate for a period of six ... wakf estate. Then the petitioner appeared on 23rd Dec. 1976 and it is stated he was surprised to find Masuda Bibi applying again to the Commissioner of Wakfs for recording her name as mutwalli in respect of the wakf estate. The Commissioner of Wakfs by an order dated 6th Nov. 1977 removed the petitioner from the post of mutwalli and appointed Masuda Bibi to act ... Bibi to act as mutwalli of the wakf estate for a period of six months. Then the matter was taken to this Court under Article 226 of the Constitution of India and in C. R. 178 (W) of 1977 this Court quashed the order of the Commissioner of Wakfs on 6th of ...

Feb 08 2000

Asthan-E-Khadri Trust, Bangalore and Others Vs. Karnataka State Board ...

  • Decided on : 08-Feb-2000

Court : Karnataka

Reported in : ILR2000KAR801; 2001(2)KarLJ509

... Wakfs in No. KBW.CMC.14.BNU.97-98, dated 17-7-1997 in taking over the Wakf Asthane-Khadria and its movable and immovable properties under its direct management in exercise of its power under Section 65 of the Wakf Act, 1995, with immediate effect and the consequential order made in appointing an administrator to manage the affairs of the Wakf ... complaints about the mismanagement of properties and of funds. It has further come to the notice that a major portion of the said Wakf properties has been let out without the knowledge and permission of the Board.Thus, after careful examination of the facts and figures ... it has come to the notice of the Board that the late Muthavalli has treated this Wakf property as his individual properties, and it has also appears that the Khata of Wakf Institution transferred to his individual name. There are also complaints about the mismanagement of properties ... 97/183, dated 9th July, 1997 ofthe Administrator, District Wakf Committee, Bangalore (Urban).3. Report dated 10th July, 1997 of Shri Altaf Hussain, Member of the Board.Preamble:That the Wakf Institution Asthane-Khadria (Sunni) is a notified Wakf property gazetted in the Official Gazette dated 7th June, ... and interest in the Wakf Institution -- Asthane-Khadria, which is a notified Wakf Institution, are before this Court in this petition filed under Article 226 of the Constitution calling in question the legality or otherwise of the notification issued by Karnataka State Board of Wakfs in No. KBW. ...

Feb 23 2007

Inspector-Auditor, A.P. Wakf Board Vs. Revenue Divisional Officer-cum- ...

  • Decided on : 23-Feb-2007

Court : Andhra Pradesh

Reported in : 2007(4)ALD6

... Wakf Board, Hyderabad v. S. Syed Ali Mulla : AIR1985AP127 , this Court held that Wakf Act, 1954 as amended by Act 34 of 1964 applies to all Wakfs created before or after its commencement. The limitation cannot be imparted that the Act applies only to Wakfs registered under the Act. The general superintendence of all Wakfs ... 1995 fixed the market value of the acquired land at Rs. 47,000/- per acre. As there was a title dispute between the Wakf Board and the claimants with regard to their entitlement of compensation so awarded, the LAO chooses to refer the matter to the civil Court under Section 30 of the Land Acquisition Act ... Wakf Act, 1954 as amended by Act 34 of 1964 applies to all Wakfs created before or after its commencement. The limitation cannot be imparted that the Act applies only to Wakfs registered under the Act. The general superintendence of all Wakfs in the State shall vest in the Board established for the State irrespective of the question whether the Wakf ... Wakf always a Wakf and the grant of patta in favour of Mokhasadar under the Inams Act does not, in any manner, nullify the earlier dedication made of the property constituting the same as Wakf. After a Wakf has been created, it continues to be so far all time to come and further continues to be governed by the provisions of the Wakf Act ...

Apr 25 2007

Md. Saleem Ur Rahman Vs. A.P. State Wakf Board and Ors.

  • Decided on : 25-Apr-2007

Court : Andhra Pradesh

Reported in : 2007(4)ALT834

... to the Committee is illegal and contrary to the provisions of the Wakf Act, 1995. He contends that the petitioner had incurred disqualification to act as Muthawalli, on account of the lapses on his part and it is not at all safe to give the administration of the Wakf to him.9. The father of the petitioner, admittedly, was the Muthawalli ... that though the Wakf was under the administration of a Muthawalli till 1967, thereafter, its administration was entrusted to a Committee and the appointment of the petitioner as Muthawalli, without giving an opportunity to the Committee is illegal and contrary to the provisions of the Wakf Act, 1995. He contends that the petitioner had incurred disqualification to act as Muthawalli, on ... Wakf Tribunal.8. Sri Abdul Muqeeth Qureshi, learned Counsel for the 6th respondent-Committee submits that though the Wakf was under the administration of a Muthawalli till 1967, thereafter, its administration was entrusted to a Committee and the appointment of the petitioner as Muthawalli, without giving an opportunity to the Committee is illegal and contrary to the provisions of the Wakf Act, 1995 ... functions for a Wakf. This aspect of the matter was made clear by a Division Bench of this Court in V. Gangadhararao v. K. Venkateswara Rao : AIR1974AP289 . Though the matter arose under the Wakf Act, 1954, there does not exist any significant change in the 1995 Act, on this aspect. After referring to the relevant provisions of that Act, the Division Bench ...

Feb 13 2006

Noorjahan Begum Vs. Amin Ahmed Khan and Ors.

  • Decided on : 13-Feb-2006

Court : Kolkata

Reported in : 2006(3)CHN295

... 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 ...

Jan 02 1990

Karnataka Board of Wakfs Vs. Joharmal Jawanji

  • Decided on : 02-Jan-1990

Court : Karnataka

Reported in : ILR1990KAR679; 1990(1)KarLJ270

... Wakfs (Extension of Limitation) Act, 1959 (Central Act 29 of 1959)'; whereas the Notification of 1983 applies to 'Suits and Appeals for restoration, declaration and cancellation in respect of properties' notified under Section 5(2) of the Wakf Act, 1954 (Central Act 29 of 1954) or registered under Section 25 and 28 of the said Wakf Act, if the suit is filed by the Karnataka Board of Wakfs ... Section 5(2) of the Wakf Act, 1954 (Central Act 29 of 1954) or registered under Section 25 and 28 of the said Wakf Act, if the suit is filed by the Karnataka Board of Wakfs. The two Notifications govern different types of suits dealing with different types of properties. They are not overlapping. The Public Wakfs (Extension of Limitation) Act, 1959 which became enforceable on ... type of suits instituted by the Wakf Board it restricts its operation to the properties notified under Section 5(2) of the Wakf Act or registered under Section 25 or 28 of the Wakf Act. Apparently the plaint schedule properties are neither notified under Section 5(2) nor they are registered under Sections 25 or 28 of the Wakf Act. Whereas the notified Khazi Mosque ... of Suits and Appeals for restoration, declaration and cancellation in respect of properties notified under Section 5(2) of Wakf Act, 1954 (Central Act 29 of 1954) or registered under Section 25 or 28 of the said Wakf Act, filed by the Karnataka Board of Wakfs, Bangalore, shall be reduced to a maximum of rupees fifteen in respect of the said suits and appeals ...

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