Court : Karnataka
Reported in : 2008(6)KarLJ358; 2008(4)KCCR2216; 2008(5)AIRKarR350; 2008AIRSCW3862
..... . a right of easement by no stretch of imagination can be elevated to the status of any type of ownership in the property. an examination of the provisions of the wakf act, 1995 clearly indicates that all disputes which can be taken before the tribunal are disputes relating to the ownership of the properties as to whether it belongs to ..... . the revision is by the first defendant in os no. 6 of 2005 before the wakf tribunal, bangalore division, bangalore, a suit that had been filed by aga ali askar wakf, a wakf registered with the karnataka state board of wakfs under the provisions of the wakf act, 1995. the plaintiff had sought for the relief of permanent injunction to restrain the first defendant in the suit ..... and as extracted in the earlier part of this order.24. it is no doubt true that the wakf act, 1995 is a special enactment and has created a special tribunal in terms of section 83 of the act for resolution of disputes relating to wakf properties and management of the wakf and related matters. the main object is to ensure that all disputes relating to ..... orderd.v. shylendra kumar, j.1. this revision petition under section 83(9) of the wakf act, 1995 [for short 'the act'] gives rise to an interesting question of law regarding the scope of the jurisdiction of the tribunal, a 'tribunal' constituted in terms of section 83 of the act and the limits of jurisdiction being in terms of sections 83 1) and 83(2) of .....Tag this Judgment!
Court : Chennai
..... . anis fatma begum and another (civil appeal no.5297 of 2004, dated 23.11.2010), wherein the apex court has held as follows: 15. under section 83(5) of the wakf act, 1995 the tribunal has all powers of the civil court under the code of civil procedure, and hence it has also powers under order 39 rules 1, 2 and 2a of ..... .10.2006 appointing respondents 8 to 14 as trustees. the said order was on the basis that after the advent of the wakf act, 1995 (for brevity, act 43 of 1995), the power of appointment of mutawalli and administration of the wakf transfers to the wakf board and therefore, the scheme court has no jurisdiction. the order of this court dated 16.2.2007 was challenged before ..... actions taken earlier as that of the action taken under act 43 of 1995, as it is seen under section 112(3) of ..... a civil court under section 6(1) of act 43 of 1995, has also no application to the facts of the present case. the reason is that sections 6 and 7 of act 43 of 1995 relate to survey of wakfs at the initial stage. the act 43 of 1995, while repealing the wakf act, 1954 as well as the wakf (amendment) act, 1984, validates any action and specifically treats those .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(111)BomLR3609
..... of section 80 of the code of civil procedure for dispensing with the notice is not provided under section 89 of the wakf act, 1995 and hence notice under section 89 of the wakf act, 1995 cannot be waived like waiver of notice under section 80 of the code of civil procedure. it is further submitted that the ..... non issuance of notice by defendant no. 17, i am of the view that the objection regarding non-issuance of notice under section 89 of the wakf act, 1995 pertains to law point and, therefore, objection can be raised by any of the defendants and it is not necessary that defendant no. 1 only ..... in section, such presentation of the suit cannot be permitted by the court unless notice under section 89 of the wakf act is delivered to the maharashtra state wakf board under section 89 of the wakf act, 1995. 13. it is also submitted the learned counsel for respondent no. 1 that the code of civil procedure is ..... rejected the plaint against defendant no. 1 under order 7 rule 11 (d) of the code of civil procedure r/w section 89 of the wakf act, 1995 and further directed that the suit shall proceed against the other defendants, since they are private parties, as per the provisions of the code of civil ..... rejecting the plaint against defendant no. 1 therein under order 7 rule 11(d) of the code of civil procedure r/w section 89 of the wakf act, 1995. 3. briefly stated, the factual matrix of the matter are that the present petitioners (original plaintiffs) had filed suit no. 109 of 2007 against the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2007(2)ALD213
..... into force without following the mandatory provisions of section 55 of the wakf act, 1954 is not maintainable and the provisions of wakf act, 1995 cannot be made applicable as admittedly the suit was not filed after the wakf act, 1995 came into force. however, under the wakf act, 1995 there is a bar of filing a civil suit ..... i am of the opinion that the suit filed prior to the wakf act, 1995 came ..... of the wakf act, 1995 which has no application as the suit was filed prior to the wakf act 1995 came into force. the appeal of the wakf act, 1954 by virtue of section 112 of wakf act, 1995 shall not affect the previous operation of the provisions of wakf act, 1954 and any action taken under the wakf act, 1954 shall be deemed to have been done or taken under the wakf act, 1995. therefore, ..... itself, the suit is barred by limitation.27. it is stated that the suit was admittedly filed prior to the andhra pradesh wakf act, 1995 came into force, therefore, wakf act 1954 will apply and under section 55 of wakf act 1954 the suit in respect of the relief mentioned under section 92 cpc has to be filed by the board alone and if .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2010(1)ALT112
..... pious or charitable purpose of a permanent character.the said legislation was followed by wakf act, 1913; wakf act, 1954; wakf (amendment) act, 1984 and the present wakf act, 1995. in addition to the above before the present wakf act, 1995, the official trustees act ii of 1913; charitable endowments act vi of 1890; religious endowments act xx of 1863 and the code of civil procedure, 1908 to the extent ..... above constitutional provisions would be made at an appropriate place in the context of considering the submission of the petitioner.wakf act, 1995:65. wakf under the wakf act is defined under section 3 sub-clause (r) as follows:3(r). 'wakf' means the permanent dedication by a person professing islam, of any movable or immovable property for any purpose recognised ..... that under article 25(2)(a) of the constitution the state is empowered to regulate the secular activities associated with religious practice and as various provisions of the wakf act, 1995 are regulatory and none of the provisions lays down any restrictions nor interferes with activities of religion or the religious practices of muslim religion. none of the provisions ..... article 25(2)(a) of the constitution the state is empowered to regulate the secular activities associated with religious practice and as the various provisions of the wakf act, 1995, are regulatory and none of the provisions lays down any restrictions or interferes with the essentials of islamic or its religious practices of muslims or any denomination .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2003(6)ALD625; 2003(6)ALT469
..... such suits. the learned counsel also had drawn our attention to the provisions relating to the duties of a mutawalli and also the scheme and object of both the wakf act, 1954 and the wakf act, 1995. the learned counsel also had maintained that even otherwise when ex. a-1 shows more than one mutawalli, one of the mutawallis, in the absence of other mutawallis ..... , the learned counsel representing the appellant in this batch of second appeals in all fairness had submitted that under section 15(2) of the wakf act, 1954 and section 32(2) of the wakf act, 1995, power is conferred on the wakf board to institute suits. the learned counsel would further maintain that a mutawalli who is expected to manage and supervise the properties of the ..... haji, air 2002 kerala 56.5. per contra sri mirza imamullah baig, learned counsel representing the respondents had drawn our attention to section 15(2) of the wakf act, 1954 and section 32(2) of the wakf act, 1995 and also section 112(2) of the wakf act, 1995 and had contended that in view of the specific conferment of power to institute and defend suits on the ..... . the questions which had been referred to the division bench are as hereunder:(a) in view of the provisions of the wakf act, 1954 and the wakf act, 1995, whether a mutawalli can institute or defend a suit in relation to the properties of the wakf if so, under what circumstances ? (b) whether the position of a mutawalli is that of a trustee and if so .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2005(1)ALD839; 2005(2)ALT308
..... entertain petition seeking temporary and permanent injunctions restraining the opposite party from holding elections. while examining the said question, the madras high court referred to various provisions of the wakf act, 1995 and observed as follows:where petition was filed by members of zamath seeking for permanent injunction restraining the opposite party from interfering in their management of the zamath, and for ..... suit for permanent injunction restraining the defendants from interfering with construction of shops in mosque premises does not fall within the ambit of sections 6, 7 and 83 of the wakf act, 1995; therefore, the question of instituting a suit in the tribunal does not arise.10. in the case covered by the above decision, the learned judge while rendering the above ..... jurisdiction to entertain suits of the present nature i.e., suit for eviction. reliance has been placed on section 7 of the wakf act, 1995. ... the petitioner has conveniently forgotten to see the import of chapter viii of the wakf act, 1995. section 83 lays down that the state government shall by notification constitute tribunals for the determination of any dispute, question or other ..... judgment referred to sections 6, 7 and 83 of the wakf act, 1995, did not refer to section 85 of the act.11. in abdul rahiman musaliar v. t.m.muhammed sahib, : air2003ker84 a single bench of the kerala high court held that in view of .....Tag this Judgment!
Court : Chennai
..... in w.p.no.16916 of 2011 has passed the order impugned without taking note of the provisions contained under section 40 of the wakf act, 1995, section 22-a of the registration act, 1908, coupled with section 51 of the wakf act, 1995 prohibit such a transfer being opposed to public policy. the order impugned has been passed without affording an opportunity to the petitioner. when ..... suit, the petitioner in w.p.no.16916 of 2011 was not a party as observed by the court. 10.further, the question of registration under section 40 of the wakf act, 1995 is not the subject matter of the suit. the admissibility and relevancy of judgment and decree rendered in o.s.no.119 of 2006 will have to be seen as ..... was taken by the petitioner in w.p.no.262 of 2010 that the suit was not maintainable and the wakf tribunal has also observed that the registration of a wakf can only be done by the wakf board under section 40 of the wakf act, 1995. observing all these, the suit was dismissed. 6.mrs.hema sampath, the learned senior counsel appearing for the petitioner ..... in a writ of certiorari. the further question as to whether the mandate of section 40 of the wakf act, 1995 has not been complied with or not also will have to be canvassed and contested before the wakf tribunal. the earlier order passed by the wakf board was set aside by this court only on the ground of violation of principles of natural justice .....Tag this Judgment!
Court : Supreme Court of India
..... i-islam, adopted the submissions made by mr. p.p. rao, dr. dhawan and mr. salve, but submitted that in the absence of a validly constituted board of wakfs, the wakf act, 1995, could not be said to have come into force in maharashtra which continued to be governed by the state government. mr. muchhala urged that for the purpose of management of ..... the state of maharashtra. they also sought a direction that the charity commissioner should continue to supervise the working of the trusts of which they are trustees.7. after the wakf act, 1995, which came into force on 1st january, 1996, was enacted, the state government issued a notification on 1st december, 1997, in exercise of its powers under sub-section ( ..... in the charity commissioner in view of the provisions of section 112 and in particular sub- section (3) thereof of the wakf act, 1995.28. section 112 concerns repeal and savings. by virtue of the said provision, the 1954 wakf act and the 1984 wakf (amendment) act were repealed. sub-section (3) specifically provides as follows :- 112. repeal and savings. .(1) xxx xxx xxx(2) ..... status quo ante which prevailed before the coming into 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 .....Tag this Judgment!
Court : Karnataka
Reported in : 2007(2)KarLJ82
..... instigation of respondents 2 to 5, the 1st respondent has issued a notice dated 3.8.2000 purporting to be under section 54 of the wakf act 1995 wherein for the first time noting that there is a darga called abdul ali darga in the suit property, in the gazette notification dated 29.1 ..... it has to be noted that by an order dated 6.1.1999, the state government exercising power under section 83(i) of the wakf act, 1995, constituted four wakf tribunals in karnataka and pursuant to the same, the high court has issued a notification and also directed the sessions judges of the concerned division ..... in that behalf during the course of relevant inquiry under section 4. this explanation contemplates, before inclusion of any such property as wakf property under the wakf act, 1995, there has to be a notice issued and enquiry be held alter notice under section 4 and thereafter, the property has to be declared ..... for purpose of section 6 & 7 and mat a conjoint reading of section 6(5) and section 7(5) or the act makes it clear that after the commencement of the wakf act, 1995, no suit or other legal proceedings shall be instituted or commenced in a court in relation to any question referred to in ..... was rejected. hence, these two petitions contending that the property does not come within the definition of wakf property and also that such properties are not notified by the watt board alter commencement of the wakf act, 1995 which came into force on 1.1.19%.3. in the objections tiled by the respondent, .....Tag this Judgment!