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

Sep 21 2011

Shaikh Yusuf Bhai Chawala Vs. State Of Maharashtra

  • Decided on : 21-Sep-2011

Court : Mumbai

... Wakf Act, 1954, Maharashtra did not adopt the Act for the entire State of Maharashtra. Only Marathwada Region of Maharastra had Wakf Board and in the other region of Maharashtra, the Wakf properties were governed by the Bombay Public Trust Act. After the enactment of the Wakf Act, 1995, the State of Maharashtra adopted the Act and implemented the Act for the entire State and constituted the Wakf ... Wakf Act, 1995 (hereinafter referred to as "the Act"). The said Act came into force on 1st January, 1996. On 1st December, 1997 the State Government issued a Notification in exercise of its powers under sub- section 1 of Section 4 of the Wakf Act. That Notification reads as under: "In exercise of the powers conferred by sub-section (1) of section 4 of the Wakf Act, 1995 (43 of 1995 ... Section 106 of the Act. The learned Advocate General submitted that the information in relation to the Wakfs can be available to the State Government not only through the Survey Report, but also from other soruces a Wakf Board was in existence in a part of the State under the Act repealed by Wakf Act, 1995, information with that Wakf Board can also be ... Report, but also from other soruces a Wakf Board was in existence in a part of the State under the Act repealed by Wakf Act, 1995, information with that Wakf Board can also be used. The learned Advocate General also submitted that though it is true that initially only four persons were appointed on the Wakf Board, but however subsequently appointments were made ...

Jan 16 2002

Gulisthan Shadi Mahal Trust, Bangalore Vs. The Karnataka Board of Wake ...

  • Decided on : 16-Jan-2002

Court : Karnataka

Reported in : ILR2002KAR2592; 2002(3)KarLJ115

... Wakf Act.6. W.P. No. 13903 of 1995.--In this petition, the petitioner-Trust calls in question the correctness or otherwise of the orders made by the first respondent-Board in No. KTW/SMS/3/BNU/91-92, dated 5-4-1995. By the said order, the Board, in exercise of its powers under Section 43-A of the Wakf Act ... wakf properties insofar as they relate to the wakf in question as published in the Gazette, dated 27-7-1965. If it is permissible under the provisions of Wakf Act, the petitioner-Trust is at liberty to question the same in an appropriate proceedings.31. Insofar as the relief requested in W.P. No. 13903 of 1995 ... Wakf Act, 1954. The Parliament has enacted Wakf Act to provide for better administration and supervision of wakfs. 'Wakf means a permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by muslim as pious, religious or charitable. Section 4 of the Act provides for preliminary survey of wakfs. Sub-section (1) of Section 4 of the Act ... wakf property or not or whether a wakf is a Shia Wakf or Sunni Wakf, the list so published would be final and conclusive between the Board, the mutawalli and the person interested in the wakf. In the instant case, the Board which is constituted under the provisions of Wakf Act had published the list of wakfs under Section 5(2) of the 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 ...

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 ...

Jan 04 2002

B. Gowra Reddy Vs. Government of Andhra Pradesh rep. by its Secretary, ...

  • Decided on : 04-Jan-2002

Court : Andhra Pradesh

Reported in : AIR2002AP313; 2002(3)ALT439

... Act the Board isrequired to publish in the c Official Gazette the list of wakf properties whether in existence at the commencement of the Act or coming into existence thereafter. Section 6 of the Wakf Act further provides that if any question arises whether a particular property specified as wakf property in the list of wakfs published under the Act, is a wakf ... Wakf Act to provide for better administration and supervision of wakfs. Under Ss. (2 of Section 5 of the Act the Board isrequired to publish in the c Official Gazette the list of wakf properties whether in existence at the commencement of the Act or coming into existence thereafter. Section 6 of the Wakf Act further provides that if any question arises whether a particular property specified as wakf ... wakfs. Under Ss. (2 of Section 5 of the Act the Board isrequired to publish in the c Official Gazette the list of wakf properties whether in existence at the commencement of the Act or coming into existence thereafter. Section 6 of the Wakf Act further provides that if any question arises whether a particular property specified as wakf property in the list of wakfs published under the Act ...

Dec 13 2007

M. Govinda Rao and Ors. Vs. A.P. State Wakf Board and Ors.

  • Decided on : 13-Dec-2007

Court : Andhra Pradesh

Reported in : 2008(2)ALD188; 2008(2)ALT429

... activities of wakfs. Since immovable wakf property is also dedicated, under Section 3(r), for pious and religious purposes, the Wakf Act, 1995 prohibits the Central and the State Government from interfering therewith except to the limited extent specified under the Act. The Wakf Act, 1995 provides sufficient safeguards to preserve and protect immovable wakf ... wakf property can be recovered at any time.24. As noted above, Section 96 empowers the Central Government to regulate secular activities of wakfs. Since immovable wakf property is also dedicated, under Section 3(r), for pious and religious purposes, the Wakf Act, 1995 prohibits the Central and the State Government from interfering therewith except to the limited extent specified under the Act. The Wakf Act, 1995 ... Act. The Wakf Act, 1995 provides sufficient safeguards to preserve and protect immovable wakf property and prescribes stringent measures to prevent its misuse. Any power which the State Government may exercise under Section 97, to issue directions to the Board, can only be in furtherance of the mandatory provisions of the Act to ensure protection of wakf ... wakf or for possession of any interest in such property and, as a result, possession of immovable wakf property can be recovered at any time.24. As noted above, Section 96 empowers the Central Government to regulate secular activities of wakfs. Since immovable wakf property is also dedicated, under Section 3(r), for pious and religious purposes, the 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 20 1996

Subhan Shah through Lrs. Ramjan Khan and Ors. Vs. Madhya Pradesh Wakf ...

  • Decided on : 20-Feb-1996

Court : Madhya Pradesh

Reported in : AIR1997MP8

... Act as substituted by M. P. Act I of 1995 is an instance wherein the Act itself has conferred power on the Tribunal. The instances of such power can be seen in Sections 15-B and I5-D(3)(4) (provisions although not enforced till day) of the Wakf Act, 1954. 17. Further Section 55(2) of the Act ... Act or any Rule or Order, made thereunder. Section 6-A of the Act as substituted by M. P. Act I of 1995 is an instance wherein the Act itself has conferred power on the Tribunal. The instances of such power can be seen in Sections 15-B and I5-D(3)(4) (provisions although not enforced till day) of the Wakf Act ... 1995 addressed to all the District and Sessions Judges requiring them to transmit the records of pending cases under Section 6(1) of the Wakf Act, 1994 (as amended by the Wakf (M. P. Amendment Ordinance, 1994) to the Tribunal at Bhopal). 9. Learned Counsels representing the plaintiffs and the learned counsels representing the defendant Wakf ... /95 plaintiffs-petitioners impugn the order dated 2-8-1995 passed by the Fourth Civil Judge Class I, Indore, in Civil Suit No. 15-A/93 whereby the aforesaid suit has been transferred to the Tribunal, as constituted under the Wakf Act, 1954. Both the orders arise from the same ... particular property specified as a Wakf property in list of Wakfs published under Section 5(2) of the Act is a Wakf property or not. It is relevant here to state that Section 4 of the Wakf Act inter alia provides for preliminary survey of Wakf property by the Survey Commissioner ...

Jun 19 2014

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

  • Decided on : 19-Jun-2014

Court : Chennai

... 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 correspondents to Section 15 of 1954 Act. Sub-section (1) of Section 32 of 1985 (sic 1995) 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 ... 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 correspondents to Section 15 of 1954 Act. Sub-section (1) of Section 32 of 1985 (sic 1995) Act ... Wakf (Amendment) Act 1984. But the provisions of the Wakf (Amendment) Act, 1984 could not be enforced, on account of very strong opposition. One of the opposition to the amendments proposed under the 1984 Act was that the Wakf Board itself was made subordinate to the Wakf Commissioner who was conferred with overriding powers. Therefore, a complete overhauling of the Act was made under the Wakf Act, 1995. 68.The Wakf ... in force even after the enactment of The Wakf Act 1954 and The Wakf Act, 1995. After referring to the Explanation inserted under Section 15(1) by way of The Wakf (Amendment) Act, 1984 to the Wakf Act, 1954 and also after referring to the Explanation under Section 32(1) under the 1995 Act, the Division Bench of the Andhra Pradesh ...

Jun 13 2003

Pookoya Haji Vs. Cheriyakoya

  • Decided on : 13-Jun-2003

Court : Kerala

Reported in : 2003(3)KLT32

... 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. 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 ... Wakf Act, 1995 was enacted to provide for the better administration of Wakfs. Act provides for setting up of Wakf Tribunal to consider the disputes pertaining to Wakf. Section 6 of the Act specifically stipulates that if any question arises whether a particular property specified as Wakf property in the list of Wakfs is Wakf property or not or whether a Wakf specified in such list is a Shia Wakf or Sunni Wakf ... 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 property and such other matters which are required by the Act to be resolved by the Tribunal. Though an amendment was brought in to provide for Tribunals under the Wakf (Amendment) Act ...

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