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Search Results Judgments > Act:WAKF ACT, 1995 Page:8

Nov 20 2008

Sri Dattatray Hanamantrao Bidikar S/o Hanamantrao Bidikar and Sri Gaja ...

  • Decided on : 20-Nov-2008

Court : Karnataka

Reported in : 2009(2)KCCR926; 2009(2)AIRKarR352

... been questioned.It is their further contention that the amended Wakf Act 1985 came into force w.e.f. 1.1.1996 and any matter which involves the question of right, title and interest in the Wakf property has to be decided by the Wakf Tribunal constituted under the Wakf Act 1995 (herein after called as 'the Act 1995') and therefore, they contended that the trial Court has no ... and interest in the Wakf property has to be decided by the Wakf Tribunal constituted under the Wakf Act 1995 (herein after called as 'the Act 1995') and therefore, they contended that the trial Court has no jurisdiction to decide the dispute in respect of the suit property. In the circumstances, it was their contention that the suit has to be transferred to the wakf tribunal for disposal ... defendants approached this Court, the rent Act was abolished and the Karnataka Rent Act 1999 came into force and it is in these circumstances, that the HRC revision petition filed before this Court was abated and therefore petitioners had to file a suit for possession. So also, it is his contention that the provisions of Karnataka Wakf Act 1995 as amended up to date are ... possession. So also, it is his contention that the provisions of Karnataka Wakf Act 1995 as amended up to date are not at all applicable to the suit property in question and therefore, he contends that the trial Court committed an error in ordering transfer of the suit property to the Wakf Tribunal. It is his further contention that the respondents who are the ...

Apr 29 2010

Mansoor S/o Kasim Mulla Vs. Guddu Saheb Ibrahim Mugale and Maharashtra ...

  • Decided on : 29-Apr-2010

Court : Mumbai

Reported in : 2010(112)BomLR2207

... 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, ... Trust Act, in the year 1989. However, subsequently, after coming into existence of the Wakf Act and establishment of the Wakf Board in the year 2002, the Trust is again registered as per the provisions of the Wakf Act, 1995. Registration number of the said trust is 08/2007 dated 27.06.2007. At the time submission of the application for registration of the wakf, names ... Wakf Act, then the Chief Executive Officer has no jurisdiction to again review its own order. According to learned Counsel for the applicant, if respondent No. 1 is aggrieved by the said order of acceptance of change 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 ... 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 include a common Wakf Board established under Section 106; as per Section 3 ( ...

Aug 07 2007

Mohsin Ali and Anr. Vs. Wakf Tribunal and Ors.

  • Decided on : 07-Aug-2007

Court : Kolkata

Reported in : (2007)3CALLT334(HC)

... Section 70 of the Wakf Act, 1995. But then on the basis of the observations made in the reports, the fourth respondent, as a person interested in the wakf, filed a complaint dated August 2nd, 2001 with the board under Section 64 of the Wakf Act, 1995.4. On receipt of ... wakf, filed a complaint dated August 2nd, 2001 with the board under Section 64 of the Wakf Act, 1995.4. On receipt of the complaint the chief executive officer of the board issued a notice dated August 22nd, 2001 calling upon the petitioners to show cause why they should not be removed from the office of the mutawalli of the wakf ... wakf were being mismanaged by the petitioners. Certain preliminary inquiries were made and certain reports were filed. There is nothing to show that those things were done in accordance with the provisions in Section 70 of the Wakf Act, 1995. But then on the basis of the observations made in the reports, the fourth respondent, as a person interested in the wakf ... established. Feeling aggrieved the petitioners preferred the appeal under Section 64(4) to the tribunal constituted under Section 83(1) of the Wakf Act, 1995.6. In Section 64 the grounds on which a mutawalli can be removed from his office have been mentioned. In the present ... hearing them, the board shall give the final decision in the proceedings in terms of the provisions in Section 64(3) of the Wakf Act, 1995. All the exercises shall be concluded, and the final decision shall be given by the board, within two months from the date ...

May 09 1985

Punjab Wakf Board, Ambala and Anr. Vs. Gram Sabha, Basoli and Anr.

  • Decided on : 09-May-1985

Court : Himachal Pradesh

Reported in : AIR1986HP23

... as also by the Muslims. In face of the above evidence, the property in dispute cannot be said to have answered the definition of 'Wakf as defined under the Act. 'Wakf' as defined under the Wakf Act is as follows : --' 'Wakf' means the permanent dedication by a person professing Islam of any moveable or immoveable property for any purpose recognised by the Muslim Law as pious ... dedicated tor pious and religious purposes recognized by the Muslim Law and that it fell within the definition of 'Wakf as contained in the Wakf Act, 1954 (hereinafter called the Act) and that on the enforcement of the Act, the property had vested in the plaintiff-Wakf Board. It was stated that the mutation sanctioned in favour of the defendant-Gram Panchayat, of the said ... defined under the Act. 'Wakf' as defined under the Wakf Act is as follows : --' 'Wakf' means the permanent dedication by a person professing Islam of any moveable or immoveable property for any purpose recognised by the Muslim Law as pious, religious or charitable and includes - (i) a wakf by user; (ii) grants (including mashrut-ul-khidmat) for any purpose recognized by the Muslim law as ... in the nature of the copy of Gazette Notification dated August 15, 1970 in which the list of sunni-wakfs existing in composite Punjab State under Section 5(2) of the Central Government's Wakf Act, 1954, read with Rule 4 of the Punjab Wakf Rules, 1964, was given. This application was filed after the arguments were concluded and part of the judgment ...

Feb 09 2011

ITC Limited corporate head quarters, And Ors. Vs. Union of India by it ...

  • Decided on : 09-Feb-2011

Court : Karnataka

... Wakf Act, 1954 corresponds with Section 32 of the new Wakf Act, 1995. Therefore the resolution passed by lire Wakf Board under the provisions of Wakf Act, 1954 is saved and survives in the new Wakf Act. 1995.21. Section 112 of the Wakf Act, 1995 specifies, notwithstanding the repeal of the Wakf Act. 1954 anything done or any action taken under the said Act ... Wakf Act, 1995. Therefore the resolution passed by lire Wakf Board under the provisions of Wakf Act, 1954 is saved and survives in the new Wakf Act. 1995.21. Section 112 of the Wakf Act, 1995 specifies, notwithstanding the repeal of the Wakf Act. 1954 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 ... Wakf Act, 1995. Since there is no corresponding section in thenew Wakf Act. 1995, the resolution passed by the Wakf Board in the year 1981 cannot be revived. I decline to accept this contention of the learned counsel for the petitioner. Section 15 of the old Wakf Act, 1954 corresponds with Section 32 of the new Wakf Act, 1995. Therefore the resolution passed by lire Wakf Board under the provisions of Wakf Act ...

May 11 2012

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla And Ors.

  • Decided on : 11-May-2012

Court : Supreme Court of India

... operation of the Wakf Act, 1995. Mr. Nariman urged that the provisions of the Wakf Act, 1954, and the Bombay Public Trusts Act, in relation to Wakf properties, stood repealed by virtue of Section 112 of the 1995 Act. Mr. Nariman submitted that Section 112 of the 1995 Act, which dealt with repeal and savings, clearly indicated that if immediately before the commencement of the Act in any State ... to the Wakf Act, 1995, when it came into force, was the Maharashtra Wakf Act and the provisions of the Bombay Public Trusts Act which became ineffective on account of the provisions of Section 112(3) of the 1995 Act. With the repeal of the said two provisions, it was for the Board of Wakfs established under the 1995 Act to continue in management of the Wakf properties ... with the 1995 Act, that corresponding law would stand repealed. The learned A.S.G. submitted that in the instant case, the corresponding law to the Wakf Act, 1995, when it came into force, was the Maharashtra Wakf Act and the provisions of the Bombay Public Trusts Act which became ineffective on account of the provisions of Section 112(3) of the 1995 Act. With the ... Wakfs, was an extra-legal Committee which was not contemplated under the provisions of the Wakf Act. According to Dr. Dhawan, the classification of Wakfs as Shia or Sunni or any dispute regarding whether a Wakf is existing or not, could only be decided by the Wakf Tribunal under Sections 6 and 7 or by the Wakf Board under Section 40 of the Wakf Act, 1995.21 ...

Jun 29 2012

The Muthavalli of Larabsha Dharga Vs. The Panruti Municipality,

  • Decided on : 29-Jun-2012

Court : Chennai

... under Article 227 of the Constitution of India read with Section 83(9) proviso of the Wakf Act, 1995, against the judgment and decree, dated 31.03.2010, passed in O.S.No.75 of 2001, on the file of the learned Principal Subordinate Judge (Wakf Tribunal) Cuddalore.COMMON O R D E R1. Civil Revision Petition (N.P.D) No.1607 ... Petition filed under Section 83(9) proviso of the Wakf Act, 1995, against the fair and decreetal order, dated 17.02.2010, passed in I.A.No.51 of 2010, in O.S.No.75 of 2001, on the file of ... confirm, reverse or modify such determination or pass such order, as it may think fit.22. Therefore, a reading of Section 83 of the Wakf Act, makes it clear that the Wakf Tribunal, constituted under the Wakf Act is not a Civil Court and is a persona designata and it is only deemed to be a Civil Court and the Tribunal can also ... provisions of Section 83 (1) (5) and (6) of the Wakf Act.21. Further, as per 83 (7) and of the Wakf Act, the decision of the Wakf Tribunal shall be final and it shall have the force of a decree, as made by a Civil Court, and the decision of the Wakf Tribunal can be executed by a Civil Court, to which, such ... per Section 54 (3) of the Wakf Act, when any order has been passed by the Chief Executive Officer of the Wakf Board, that the property is a Wakf property and the person in possession of the property is an encroacher and directed the encroacher to deliver possession of the property to the Muthawalli of the Wakf, any person aggrieved by such order, ...

Jun 25 1987

Biharilal Agarwalla and Anr. Vs. Tamizul Haque

  • Decided on : 25-Jun-1987

Court : Guwahati

... so is specially declared...' 16. The important question is which statute (Wakf Act or the Assam Rent Control Act) has to be regarded as special for the case at hand. The Wakf Act being concerned with the question of better administration and supervision of Wakfs has to be regarded as a general statute dealing with Wakfs. In the present case, we are concerned with theright of mutawalli ... the suit property. 10. Next question is whether the plaintiff as mutawalli of the Wakf could have instituted the suit. In this connection, Shri Chakraborty has submitted that after the coming into force of the Wakf Act, 1954, hereinafter, the Act, the Board established under Chapter-III of the Act alone could have brought the suit. Reliance has been placed in this context on Maulvi ... at hand. The Wakf Act being concerned with the question of better administration and supervision of Wakfs has to be regarded as a general statute dealing with Wakfs. In the present case, we are concerned with theright of mutawalli as a landlord to file an eviction suit against a tenant. On this question the provisions of the Assam Rent Control Act have to be ... force of the Wakf Act, 1954, hereinafter, the Act, the Board established under Chapter-III of the Act alone could have brought the suit. Reliance has been placed in this context on Maulvi Reza Ansari v. Shyamlal Sah, AIR 1983 Patna 299. That was a case where a suit had been filed for declaration that the suit properties were endowed and Wakf propertiesand that ...

Sep 08 2006

Namira Construction Pvt. Ltd. Vs. Fazal Imam Public Religious and Char ...

  • Decided on : 08-Sep-2006

Court : Patna

... -1 executed by and between the parties was ever approved by the Wakf Board. Permission to execute agreement shall necessarily include permission to revise the agreement already executed between the parties. No statutory provision of the Wakf Act, 1995 has been brought to my notice whereunder the parties to the earlier agreement ... agreement dated 9.9.2002, which was never acted upon between the parties and should not be relied upon by this Court. It is further submitted that the subsequent agreement dated 9.9.2002, Annexure-2 was never placed before the Wakf Board and in the circumstances could not have ... acted upon.5. It has been submitted on behalf of Opposite Party No. 1 that in terms of the permission granted by the Board in the light of the request of the Mutwallis contained in Letter dated 01.06.2000, Annexure-15 to raise a memorial in the name of Fazal Imam as also to enhance the income of the Wakf ... permission to erect filed together with the affidavit, Indemnity Bond, Sheets of drawing and money receipts, noticed that the land-in-question is a Wakf property and sought the advice of its retained counsel who recorded his opinion on 10.6.2003 advising the authority to direct the applicant ... on 10.6.2003 advising the authority to direct the applicant to produce the development agreement as the lands-in-question belongs to a Wakf Estate. In compliance of the instructions issued by the authority, development agreement dated 2.9.2002, Annexure-1 was produced along with the affidavit ...

Jan 20 2004

D.H. Venkata Ramaiah (Deceased) by L.Rs and Ors. Vs. State of Karnatak ...

  • Decided on : 20-Jan-2004

Court : Karnataka

Reported in : 2004(2)KarLJ312

... Wakf Act, 1995 which has repealed the earlier Act of 1954, is enacted for better administration of Wakf and Wakf properties. Under the scheme of the Wakf Act, the Wakf Board which is a creature of statute is given the power to locate and identify the 'Wakf properties' by conducting a survey and notify accordingly in 'gazette'. On such notification the 'notified' properties will be deemed to be Wakf ... question or other matter relating to a Wakf or Wakf property under this Act and define the local limits and jurisdiction under this Act of each of such Tribunals.5. Thus by a reading of the relevant provisions of the Inams Abolition Act, 1955 and the Wakf Act, 1995, it is clear that the scope of enquiry under the Former Act where a person claims 'occupancy rights ... Abolition Act, 1955 and the Wakf Act, 1995, it is clear that the scope of enquiry under the Former Act where a person claims 'occupancy rights' is confined to the determination of 'tenancy rights' and not to 'ownership' of property as the State becomes the 'owner' by operation of law (See Section 3 of the Act). But, in the latter case (under the Wakf Act), ... No. LRF INM 40/98-99 before the jurisdictional Wakf Tribunal, Bangalore relying on Section 83 of the Wakf Act, 1995. This order is challenged.2. The Deputy Commissioner has held that the claim of occupancy rights by the petitioners is in respect of 'Wakf property'. Therefore, it is the Tribunal constituted under the Wakf Act alone that has the jurisdiction to decide the ...

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