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

Oct 01 2008

Syed Zahiruddin Ahmed Bagdadi Vs. Board of Wakfs and Ors.

  • Decided on : 01-Oct-2008

Court : Kolkata

Reported in : (2008)1CALLT22(HC)

... Wakf Act, 1995 in such wording, there is provision for removal of Mutwali under statutory provision of Section 64 of the Act.28. Before going to any further detail to analyse the authority of the Board of Wakf to reverse its previous order without taking the course of review (which the present act ... act or without holding any enquiry as per provision of Section 64 of the Act, can be sustained.45. Before going to decide on the point of power of the Board to recall its own order without any specific provision in the Act, the status of the Board is to be scanned. The provision of Section 13 of the Wakf Act 1995 ... Act, the status of the Board is to be scanned. The provision of Section 13 of the Wakf Act 1995 is in respect of incorporation of the Board which is appointed by the State Government by the notification in the official gazette and is a body corporate having perpetual succession. The Wakf ... Wakf Act 1995 is in respect of incorporation of the Board which is appointed by the State Government by the notification in the official gazette and is a body corporate having perpetual succession. The Wakf of Board is not conglomeration of individuals and not even akin to company but is a statutory body, pure and simple. It is an administrative body incorporated to supervise Wakf ...

Jun 30 2011

A.P.A. Rasheed Vs. N.N. Khalid Haji and Another

  • Decided on : 30-Jun-2011

Court : Kerala

Reported in : 2011(3)ILR(Ker)424; 2011(3)KLT421; 2011(3)KLJ501; 2011(3)KHC379

... Wakf Board acting under Section 32 of the Wakf Act an adjudicatory body? Are the powers under Order 39 C.P.C available to the Wakf Board when it acts under Section 32? Can the Wakf Board pass interim orders while acting in exercise of its powers under Section 32? What are the powers of the Board when it acts ... Wakf Act as also Sections 70 and 71 of the Wakf Act. We need not strain very much to conclude that the powers under Section 32 of the wakf Act are in the nature of powers of superintendence to ensure that the Wakfs ... Wakf. 4. Enquiry under Sec.70 of the Wakf Act is pending before the Wakf Board as E4-8360/07. We are not apprised of the details of the said enquiry. Suffice it to say that an enquiry under Sec.70 of the Wakf Act is pending. It relates to the administration of the Wakf ... Wakf Board reckoned as an adjudicatory authority has jurisdictional competence to issue the interim orders. 9. In this context, we take note of the provisions of Section 32 of the Wakf Act as also Sections 70 and 71 of the Wakf Act. We need not strain very much to conclude that the powers under Section 32 of the wakf Act ... acts under Section 32? These questions are raised for consideration before us. 2. These revision petitions are directed against a common order passed by the Wakf Tribunal. Proceedings were initiated before the Wakf Tribunal evidently under Sec.83(2) of the Wakf Act challenging two separate orders passed by the Wakf Board. Both are described to be interim orders passed by the Wakf ...

Aug 11 1983

Wealth-Tax Officer Vs. Buniyad Hussain

  • Decided on : 11-Aug-1983

Court : Income Tax Appellate Tribunal (ITAT) - Allahabad

Reported in : (1983)6ITD407(All.)

... wakf under the Mussalman Wakf Act, 1923, the Wakf Act, 1954 and the U.P. Muslim Wakfs Act, 1960. Even under the Wakf Act, 1954, wakf included a wakf by user. That Act had repealed the Mussalman Wakf Act, 1923. As pointed out by the learned counsel for the assessee, the definition of 'wakf under Section 3(11) of the U.P. Muslim Wakfs Act, 1960, includes a wakf by user. Wakfs ... wakf or wakf by user also to be registered in pursuance of the Transfer of Property Act, 1882 or Registration Act, 1908.9. Next comes the necessity for the registration of such a wakf under the Mussalman Wakf Act, 1923, the Wakf Act, 1954 and the U.P. Muslim Wakfs Act, 1960. Even under the Wakf Act, 1954, wakf included a wakf by user. That Act had repealed the Mussalman Wakf Act ... Act, 1908.9. Next comes the necessity for the registration of such a wakf under the Mussalman Wakf Act, 1923, the Wakf Act, 1954 and the U.P. Muslim Wakfs Act, 1960. Even under the Wakf Act, 1954, wakf included a wakf by user. That Act had repealed the Mussalman Wakf Act, 1923. As pointed out by the learned counsel for the assessee, the definition of 'wakf under Section 3(11) of the U.P. Muslim Wakfs Act ...

Jul 08 2013

S.Sait Basha Vs. Chief Executive Officer

  • Decided on : 08-Jul-2013

Court : Chennai

... Wakf Act, 1995 clearly point out that the Wakf Board has been enjoined with wide powers. The Wakf Board has general superintendence of all wakfs in a State. The primordial duty of the Wakf Board is to monitor that the wakfs under its superintendence or properly controlled, maintained, administered and more importantly, the income derived therefrom has been duly applied to the aim for which such Wakfs ... Wakf Board under the Wakf Act, 1995 is in the manner of trust. As a logical corollary, to avoid and prevent misapplication and misappropriation of the income from the wakf properties, the Wakf Board has to oversee the income and expenditure of every wakf with a hawk's eye/eagle eye. Undoubtedly, the Wakf Board is empowered to issue appropriate directions to the mutawalli for proper administration of wakf ... Wakfs are established. 26.One cannot ignore an important fact that the power vested in the Wakf Board under the Wakf Act, 1995 is in the manner of trust. As a logical corollary, to avoid and prevent misapplication and misappropriation of the income from the wakf properties, the Wakf Board has to oversee the income and expenditure of every wakf ...

May 27 2014

Abdurahiman Haji Vs. Kerala State Wakf Board

  • Decided on : 27-May-2014

Court : Kerala

... WAKF BOARD THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON2503.2014 , THE COURT ON2705-2014 PASSED THE FOLLOWING: "C.R." K.M.JOSEPH & A.HARIPRASAD, JJ.-------------------------------------- C.R.P.(Wakf Act) No.185 of 2012 -------------------------------------- Dated this the 27th day of May, 2014. ORDER A.Hariprasad, J.Civil Revision Petition filed under Section 83(9) of the Wakf Act, 1995 (in short, "Act ... Wakf Act) No.185 of 2012 -------------------------------------- Dated this the 27th day of May, 2014. ORDER A.Hariprasad, J.Civil Revision Petition filed under Section 83(9) of the Wakf Act, 1995 (in short, "Act").2. Revision petitioner is aggrieved by the order passed by the Wakf Tribunal (in short, "Tribunal") in an original application filed under Sections 83(2) and 83(5) of the Act ... 83(9) of the Wakf Act, 1995 (in short, "Act").2. Revision petitioner is aggrieved by the order passed by the Wakf Tribunal (in short, "Tribunal") in an original application filed under Sections 83(2) and 83(5) of the Act. Relevant facts are as follows: Respondents 2 and 3 are the muthawallies in management of wakf property admeasuring 20.76 ... we are CRP(Wakf Act) No.185/2012 6 concerned with the provisions of the Act as it stood before the amendment by the Wakf (Amendment) Act, 2013. Section 51 of the Act deals with the prohibition to alienate a wakf property without sanction of the Board. Relevant provisions of Section 51 of the Act reads as follows: "51. Alienation of Wakf property without ...

Jun 26 1981

Mustt. Nasima Khatun and etc. Vs. State of West Bengal

  • Decided on : 26-Jun-1981

Court : Kolkata

Reported in : AIR1981Cal302,85CWN952

... they also challenged the constitutional validity of the Bengal Wakf Act, 1934 as amended by the Bengal Wakf (Amendment) Act, 1973. It was contended by them that the provisions of the Bengal Wakf Act, 1934 as amended by the Bengal Wakf (Amendment) Act, 1973 are violative of the provisions of the Mahomedan Law of Wakf and was not law in force when the Constitution ... in respect of two Wakfs-al-al-aulad and he constituted himself to be the first Mutwalli in respect of these two wakfs. The Commissioner of Wakf, West Bengal served demand notices under Section 59 of the Bengal Wakf, Act, 1934 as amended by the Bengal Wakf (Amendment) Act, 1973 demanding from the appellants certain amounts towards the contribution of wakf fund and education ... wakf-al-al-aulad under the Islamic law. The Bengal Wakf Act, 1934 as amended by the said amending Act of 1973 has also recognised the creation of such a wakf for the benefit of the wakif, his children and descendants. The Statement of Objects and Reasons in the Bill introducing the Bengal Wakf Act, 1934 is as follows:'Muslim Law vests the Wakf ... Wakf, Act, 1934 as amended by the Bengal Wakf (Amendment) Act, 1973 demanding from the appellants certain amounts towards the contribution of wakf fund and education fund. The appellants being aggrieved by the said demand notices moved this Court under Article 226 of the Constitution challenging the legality of the same. In that connection, they also challenged the constitutional validity of the Bengal Wakf Act ...

Feb 04 2004

Mir Muzzafar Hussain Khan and Ors. Vs. Andhra Pradesh Wakf Board and O ...

  • Decided on : 04-Feb-2004

Court : Andhra Pradesh

Reported in : 2004(3)ALD108; 2004(3)ALT554

... 10. The Wakf Act (43 of 1995) received assent of the President of India on 22.11.1995 and was published for general information. The Act aims at better administration of wakf and for matters connected therewith or incidental thereto. The Act came into force from 1.1.1996 and it extends to the whole of Indian territory except the State of Jammu and Kashmir. The Wakf Act, ... 1995) received assent of the President of India on 22.11.1995 and was published for general information. The Act aims at better administration of wakf and for matters connected therewith or incidental thereto. The Act came into force from 1.1.1996 and it extends to the whole of Indian territory except the State of Jammu and Kashmir. The Wakf Act, 1955 provides that the Wakf ... Karnataka Wakf Board v. State of Karnataka and Anr., : [2003]3SCR1019 .9. In the backdrop of these submissions, I have gone through the entire material placed on record and the judgment of this Court in the writ petition, which is sought to be reviewed, requires reconsideration.10. The Wakf Act (43 of 1995) received assent of the President of India on 22.11.1995 ... to wakfs, alienation of wakf properties to be made difficult and to bring uniformity in respect of wakf administration throughout the country except in the State of Jammu and Kashmir.11. As stated supra, Section 4 of the Wakf Act deals with appointment of Survey Commissioner, his powers and duties; whereas Section 5 of the Act deals with publication of wakfs. Section 6 of the Act ...

Apr 03 2012

Lanco Hills Technology Park Private Limited Vs. Mahaboob Alam Khan and ...

  • Decided on : 03-Apr-2012

Court : Andhra Pradesh

... order whether interim or otherwise given or made by the Wakf Tribunal (Sections 83(2), (7) and (9) of the Wakf Act, 1995 (the Wakf Act). Nonetheless the proviso to Section 83(9) of the Wakf Act vests revisional jurisdiction in the High Court to call for and examine the records relating to a decision or order of the Wakf Tribunal, for the purpose of satisfying itself as ... that a decision of the Wakf Tribunal shall be final and binding on the parties to the application and no appeal shall lie against the decision or order whether interim or otherwise given or made by the Wakf Tribunal (Sections 83(2), (7) and (9) of the Wakf Act, 1995 (the Wakf Act). Nonetheless the proviso to Section 83(9) of the Wakf Act vests revisional jurisdiction in ... in Writ Appeal and submit arguments in this I.A. The respondents/companies have vehemently contended that the land shown in suit schedule is not a Wakf land. Under Section 83 of the Wakf Act, 1995, this Tribunal has jurisdiction to determine the character of suit land. The parties to the proceedings have to be given an opportunity to file counter and ... governed by the Wakf Act. Section 2(r) contains means as well as inclusive definition of the wakf. Any dedication of movable or immovable property for pious, religious or charitable purposes shall be wakf. A property by user is also a wakf. Both the Acts (1954 and 1995) contain similar provisions for the survey and notifying the wakfs. While considering whether any property is wakf, one can ...

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 ...

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 ...

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