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

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 06 2008

Mohammedia Coop. Building Society Ltd. Vs. Lakshmi S. Coop. Building S ...

  • Decided on : 06-May-2008

Court : Supreme Court of India

Reported in : 2008(4)ALD86(SC); JT2008(6)SC250; 2008(6)MhLj5; (2008)7SCC310; 2008AIRSCW5302

... Wakf Act, 1954 (the Act) vested in the Wakf Board. The administration of the property, indisputably, was required to be made in terms of the provisions thereof, in view of the fact that the Act was enacted to provide for the better administration and supervision of the wakf. The term 'Mutwalli' is defined in Section 3(f) of the Act as under:3. Definitions:- In this Act ... Wakf property. Its control and management in terms of the provisions of the Wakf Act, 1954 (the Act) vested in the Wakf Board. The administration of the property, indisputably, was required to be made in terms of the provisions thereof, in view of the fact that the Act was enacted to provide for the better administration and supervision of the wakf ... 12 are directed to issue the necessary orders for execution of sale deed in favour of the plaintiff required under the Wakf Act and ULC Act within 30 days after the plaintiff depositing the balance sale consideration and on receipt of such orders from the defendants 10 ... the provisions of the Wakf Act and the Rules framed thereunder must be viewed in the context of the statute and on the basis of the common concept. Mutwallis have no ownership right or estate in the Wakf property unless the deed of wakf says so. [See Bibi Saddiqa ... I, the Secretary, A.P. Wakf Board in exercise of the Powers conferred on me through Resolution No.14/69 of the Wakf Board vide A.P. Gazette notification Part II dated 24.2.1972 on page 205, under Section 43(2) of Wakf Act, hereby appoint the ...

May 17 1991

Mohammed Jahan Begum Vs. Abdul Hakim

  • Decided on : 17-May-1991

Court : Delhi

Reported in : 45(1991)DLT3

... of the word 'mutawalli' as given in the Mussalman Wakf Act, 1923 for the short reason that the said Act stood repealed by coming into force of The Wakf Act, 1954. He contended that the defintion, as contained in this repealed Act, could not be pressed into aid, and the ... time of admission of this appeal. These are: (I)Whether the Mussalman Wakf Act of 1923 or the Wakf Act of 1954 is applicable to this case ? (II)Whether the definition of 'Mutawalli' in either of the said Acts is relevant for the purpose of deciding whether the respondent had locus ... Wakf Act. 1923, as noticed above, more or less identical definition of the term 'mutawalli' appears in the Act of i954 vide Section 3(f). The relevant portion reads as under: 'MUTAWALLI'means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a competent authority to be the mutawalli of a wakf ... Wakf Act, 1954. He contended that the defintion, as contained in this repealed Act, could not be pressed into aid, and the finding that the plaintiff in the suit could be treated as mutawalli by virtue of the said definition, suffered from gross error and thus liable to be set aside, A bare reading of Section 69(5) of the Wakf Act ... 2 of the Mussalman Wakf Act, 1923, which reads as under Mutawalli means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a Court of competent jurisdiction to be the mutawalli of a wakf, and includes a naib ...

Mar 31 1959

Nawab Usman Ali Khan and Ors. Vs. Choudhry Faezulla and Ors.

  • Decided on : 31-Mar-1959

Court : Madhya Pradesh

Reported in : AIR1959MP377

... Wakfs Act, 1954, provides that:--'When there is a vacancy in the office of the Mutawalli of a Wakf and there is no one to be appointed under the terms of the deed of the Wakf, or where the right of any person to act as Mutawalli is disputed, the Board may appoint any person to act as ... act as the Mutawalli is a disputed one.17. Section 42 of the Muslim Wakfs Act, 1954, provides that:--'When there is a vacancy in the office of the Mutawalli of a Wakf and there is no one to be appointed under the terms of the deed of the Wakf, or where the right of any person to act ... the Chairman (called President in the petition) and the Madhya Bharat Muslim Wakf Board appointed under the Muslim Wakfs Act, 1954, as also against the Government of Madhya Pradesh and the Union of India.2. The case of the petitioner is that the Wakf in question was founded by Nawab Ismail Khan the ancestor of ... petitioner No, 1 and the Intazamia Committee when the Parliament passed Act No. 29 of 1954 known as the Muslim Wakfs Act which came into force on 15-1-1955; that in pursuance of the power vested in the State Government under Section 11of the Act the Madhya Bharat Government constituted a Board of which respondenls ... since affairs of religion include a Wakf it is entitled to manage the affairs of Wakfs existing in the town of Jaora.The guarantee under Article 26(b) of the Constitution unlike that under Article 26(d) is not subject to any law and is absolute. The Muslim Wakfs Act, 1954, and particularly the machinery ...

Feb 07 1986

Katha Pillai Vs. Tamil Nadu State Wakf Board, represented by its Secre ...

  • Decided on : 07-Feb-1986

Court : Chennai

Reported in : (1986)1MLJ301

... Wakf Act makes a distinction between the Wakf Board assuming direct management of wakfs and the Wakf Board exercising general superintendence over the wakfs in the State and Article 96 would apply only to a case where the Wakf Board has assumed direct management of the Wakfs. We are unable to share the view taken by Varadarajan, J. It is true that Section 15(1) of the Wakf Act ... to the Limitation Act, 1963 does not apply to such a case for the reasons that the Wakf Act makes a distinction between the Wakf Board assuming direct management of wakfs and the Wakf Board exercising general superintendence over the wakfs in the State and Article 96 would apply only to a case where the Wakf Board has assumed direct management of the Wakfs. We are unable ... the Wakf Board assuming direct management of wakfs and the Wakf Board exercising general superintendence over the wakfs in the State and Article 96 would apply only to a case where the Wakf Board has assumed direct management of the Wakfs. We are unable to share the view taken by Varadarajan, J. It is true that Section 15(1) of the Wakf Act provides for the Wakf ... wakfs and the Wakf Board exercising general superintendence over the wakfs in the State and Article 96 would apply only to a case where the Wakf Board has assumed direct management of the Wakfs. We are unable to share the view taken by Varadarajan, J. It is true that Section 15(1) of the Wakf Act provides for the Wakf Board exercising general superintendence over alt the wakfs ...

Jul 16 1987

The Coimbatore Athar Jamath, an Association registered under the Socie ...

  • Decided on : 16-Jul-1987

Court : Chennai

Reported in : (1987)2MLJ438

... the objects, as aet out in the scheme are undoubtedly pious, religious and charitable purposes. Learned Counsel draws my attention to the definition of 'Wakf' as found in Wakf Act. Section 3(1) of the Wakf Act defines 'Wakf' as follows:'Wakf' means the permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim Law as pious ... plaintiff society as its private properties and that they would not be 'Wakf' within the meaning of the Wakf Act. The complaint of the plaintiff is also that the Wakf Board did not hold any enquiry as contemplated by the provisions of the Wakf Act and that the order passed by the Chairman of the Wakf Board is null and void, as it is not made in ... found in Wakf Act. Section 3(1) of the Wakf Act defines 'Wakf' as follows:'Wakf' means the permanent dedication by a person professing Islam of any movable or immovable 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 recognised by the Muslim law as pious ... 1977 one year after the order. The gazette publication reads that the Chairman, Tamil Nadu Wakf Board notified Athar Jamath Association and Mosque, Coimbatore Town Wakf and properties attached to it as wakf surveyed under Section 15(2)(n) of the Wakf Act. Under column 7, the object of the Wakf is stated to be for the purpose of conducting prayers in the mosque, which was ...

Feb 15 1995

Tamil Nadu Wakf Board represented by its Secretary Vs. S.A. Syed Masoo ...

  • Decided on : 15-Feb-1995

Court : Chennai

Reported in : (1995)2MLJ514

... Wakf Act. Section 36-B was inserted as per amendment of the Act in 1964 (Act 34 of 1964). Section 36-B of the Act reads as follows:36-B. (1) If the Board is satisfied after making an inquiry in such manner as may be prescribed, that any immovable property of a wakf entered as such in the register of Wakfs ... the writ petition, namely, Writ Petition No. 4769 of 1995.63. This writ petition is filed by four persons claiming themselves to be the disciples of devotes of the Muslim Saint known as Khalwath Nayagam Syed Abdul Kader, in whose name the Wakf has been created. The writ petition is filed against ... not taken away by virtue of Section 36-B of the Wakf Act.35. In Radhakrishnan and Anr. v. State of Rajasthan , the scope of Section 36-B, of the Wakf Act came for interpretation. It was held that Section 36-B of the Wakf Act would come into play only if the property is transferred ... the appellant was maintainable. Section 36-B of the Wakf Act was duly incorporated in the Wakf Act in 1964. There is no provision in the enactment which bars the jurisdiction of civil court from entertaining a civil suit. Again, Section 36-B of the Wakf Act gives only an option to the Board to make ... Wakf Act is only a summary procedure. Complicated questions of law and fact cannot be agitated before the Collector. The exhaustive remedy through a civil court is not taken away by virtue of Section 36-B of the Wakf Act.35. In Radhakrishnan and Anr. v. State of Rajasthan , the scope of Section 36-B, of the Wakf 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 ...

Oct 19 1983

Shahabuddin Vs. S. Nohaman and Anr.

  • Decided on : 19-Oct-1983

Court : Chennai

Reported in : AIR1984Mad116

... wakfs, the Wakfs Act, 1954 came to be passed. A statutory corporation or Board of Wakfs having a perpetual succession had been created under that Act with certain defined powers for general superintendence of the wakfs. It is the duty of that body to ensure that the wakfs under its superintendence are managed properly and fulfill the objects and Purposes Of the wakfs. S. 15 of the Wakfs Act ... wakfs. In order, therefore, to provide for the better administration of the management and supervision of wakfs, the Wakfs Act, 1954 came to be passed. A statutory corporation or Board of Wakfs having a perpetual succession had been created under that Act with certain defined powers for general superintendence of the wakfs. It is the duty of that body to ensure that the wakfs ... that the wakfs under its superintendence are managed properly and fulfill the objects and Purposes Of the wakfs. S. 15 of the Wakfs Act, besides conferring, on the Board so established for a State the power of general superintendence ever all wakfs: in the State, further enjoins the Board to exercise its powers under the Act as to ensure the wakfs and their ... that Act with certain defined powers for general superintendence of the wakfs. It is the duty of that body to ensure that the wakfs under its superintendence are managed properly and fulfill the objects and Purposes Of the wakfs. S. 15 of the Wakfs Act, besides conferring, on the Board so established for a State the power of general superintendence ever all wakfs: ...

Apr 11 2002

Commissioner of Income-tax Vs. Hazarat Pir Shah-E-Alam Roza Estate Tru ...

  • Decided on : 11-Apr-2002

Court : Gujarat

Reported in : [2002]256ITR193(Guj)

... Act of 1954, was applied to Kutch area from January 15, 1955 (i.e., before its formation on May 1, 1960), and, therefore, the Act continued to apply to the Kutch area. Therefore, the Bombay Public Trusts Act, 1950, is applicable in Gujarat, except the area of Kutch to which the Wakf Act, 1954, applied. The Wakf Act of 1954 was repealed by the Wakf Act of 1995 ... wakf is concerned, the registration of such public trust is done under the provisions of the Bombay Public Trusts Act, 1950, since the provisions of the earlier Wakf Act, 1954, and the later Wakf Act of 1995, were not extended to Gujarat. As provided by Section 3(2) of the Wakf Act ... Act, 1950, since the provisions of the earlier Wakf Act, 1954, and the later Wakf Act of 1995, were not extended to Gujarat. As provided by Section 3(2) of the Wakf Act, 1954, it was to come into force in the State on such date as the Central Government may by notification appoint. Therefore, the said Act ... Wakf Act, 1954, applied. The Wakf Act of 1954 was repealed by the Wakf Act of 1995 which again has a provision under Sub-section (3) of Section 1 that it shall come into force in a State on such date as the Central Government appoint. It is in this background that the inquiry was rightly initiated under Section 19 of the said Trusts Act ...

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