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

Nov 05 1965

Abdul Rauf Vs. Shamshulhaq and Ors.

  • Decided on : 05-Nov-1965

Court : Allahabad

Reported in : AIR1969All35

... in his attack on the validity of the wakf deed in question. The Mussalman Wakf Validating Act provider a statutory criterion for judging the validity of wakfs of the nature mentioned therein, and since it has been given a retrospective effect by the Mussalman Wakf Validating Act XXXII of 1930, the validity of all such wakfs whether created before or after its commencement has to ... provisions according to the terms of the deed. In the Mussalman Wakf Validating Act too, there is nothing to suggest that if an intermediate beneficiary under a wakf governed by the Act falls outside the class of persons for whose maintenance and support provision may be made under the wakf, the entire wakf will fail and even the ultimate object of the bounty of ... appellant. There, a wakf had to justify itself both under the provisions of the Mussalman Wakf Validating Act of 1913 and the Oudh Estates Act, the waqf . was held valid under the former Act, but it was held to be in contravention of the provisions of the Oudh Estates Act. The observations made by Agrawala, J. in considering whether the wakf was to be set ... having regard to the context in which the question of its application arises. Under the Mussalman Wakf Validating Act the ultimate intent controls the entire disposition and itself imparts to it the character of a valid wakf. The ultimate charitable intent in a wakf governed by the Act should consequently be regarded as fulfilling the requisite condition for attracting the cy pres doctrine. ...

Aug 01 2008

T. Kaliamurthi and Anr. Vs. Five Gori Thaikal Wakf and Ors.

  • Decided on : 01-Aug-2008

Court : Supreme

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 ...

Sep 28 2006

Thorayil Juma Masjid Mahhalu Committee Vs. Kerala Wakf Board

  • Decided on : 28-Sep-2006

Court : Kerala

Reported in : 2008(1)KLJ202

... Wakf Tribunals have been set up under the Wakf Act, 1995 (hereinafter referred to as 'the Act') for the determination of disputes, questions and other matters relating to Wakf and Wakf property. The Act also contemplates the Tribunal to act as an appellate authority in certain circumstances prescribed under the Aet. Powers of superintendence over the Wakfs is conferred on the Wakf Board. Whether an order passed by the Wakf ... relating to any Wakf or Wakf property since those powers have also been conferred on the Tribunal by the Wakf Act itself. On examining the scheme of the Act and various provisions we are of the view that the intention of the Legislature is to resolve all disputes by one machinery and forum provided in the Act itself, that is, the Wakf Tribunal and ... Wakf or Wakf property under Section 85 are wide enough to take in within its sweep not only matters which are specifically conferred on the Tribunal by the various provisions of the Act but also any dispute, question or any other matter relating to any Wakf or Wakf property since those powers have also been conferred on the Tribunal by the Wakf Act itself ... Act but also any dispute, question or any other matter relating to any Wakf or Wakf property since those powers have also been conferred on the Tribunal by the Wakf Act itself. On examining the scheme of the Act and various provisions we are of the view that the intention of the Legislature is to resolve all disputes by one machinery and forum provided in the Act ...

Sep 25 1964

Hazrat Pirmohamed Shah Saheb Roja Committee Vs. Commissioner of Income ...

  • Decided on : 25-Sep-1964

Court : Gujarat

Reported in : AIR1967Guj49

... Wakf, Act, 1923 came into force. On the coming into force of that Act the Roza Committee was called upon to furnish a statement containing the description and particulars of the Roza properties as also a statement of accounts on footing that the Roza properties were properties held by way of Wakf to which the provisions of the act ... properties were properties held by way of Wakf to which the provisions of the act applied. The Roza Committee, however took up the stand that the Wakf on which the Roza properties were held was not a Wakf within the scope and ambit of the Act and the Roza committee was therefore, ... Wakf was a Wakf for the benefit of all Muslims while the former contended that the Wakf was a Wakf-al-Aulad meant only for the benefit of the Murids and their descendants who would also be Murids. While the last of these litigations was pending, the Bombay Public trusts Act 1950 came into force on 21st January 1952. Since the Act ... on maintenance of Madrasas and library, the assessee acted in breach of the terms of the Wakf. Unless the maintenance of Madrasas and library was a purpose of the Wakf, the assessee could not have applied any part of the income of the Wakf for that purpose. When the assessee expended ... The last point urged by Mr. Kaji was that by reason of the decision of the Charity Commissioner under the Bombay Public Trusts Act, 1950, holding the Wakf to be a public trust, it was not open to the Revenue authorities to examine the question afresh for themselves, but ...

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 ( ...

Jan 06 2005

Sekh Sajahan Vs. Shebaits of Pir Gorachand Saheb Sekh Abdul Mohit and ...

  • Decided on : 06-Jan-2005

Court : Kolkata

Reported in : AIR2005Cal178

... 1995 Kerala 157, AIR 1997 Kerala 165 and 1997 (3) SCC 503.42. Ms. Nandy then submitted that Section 202 of the Mahomedan Law is not applicable here and it was nobody's case that the property is a Wakf property and the functioning of Mutwalli is there. In the Bengal Wakf Act in Section 3(10) the definition of Wakf ... 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 ... Wakf v. K.S.L. Shetty).47. Ms. Nandy then submitted that Wakf must be a wakf by user and only by claiming Wakf will not help.48. Ms. Nandy relied on AIR 2001 SC 70 (sic), (Tamil Nadu Wakf Board v. Bhajan Anand).49. Ms. Nandy then submitted that in view of the provisions of Section 70 of the Bengal Wakf Act ... Wakf property and the functioning of Mutwalli is there. In the Bengal Wakf Act in Section 3(10) the definition of Wakf has been given and unless there is dedication there can't be any Wakf and here the appellant could not produce any document of endowment or any dedication.43. Ms. Nandy also referred to the provisions of Section 6(5) of the Bengal Wakf Act ... Wakf Act in Section 3(10) the definition of Wakf has been given and unless there is dedication there can't be any Wakf and here the appellant could not produce any document of endowment or any dedication.43. Ms. Nandy also referred to the provisions of Section 6(5) of the Bengal Wakf Act and Section 6, 12 and Section 44 of the said Act ...

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 ...

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