Court : Andhra Pradesh
Reported in : 2004(5)ALD77
..... of dhobipet, shankarpally mandal, ranga reddy district. the petitioner contends that the property, which is the subject-matter of that suit, belongs to the wakf and with the constitution of the wakf tribunal, under the provisions of the wakf act, 1995 (for short 'the act'), it is to be transferred to the tribunal. a further contention is raised to the effect that the mutavalli of the ..... wakf viz., shabbir, the younger brother of the petitioner herein, filed o.s. no. 122 of 2003 before the a.p. wakf tribunal, hyderabad, in respect of ..... suit needs to be transferred.3. sri k.v.n. bhupal, learned counsel for the petitioner, submits that the suit schedule land in o.s. no. 71 of 1995 was notified as wakf property in the gazette dated 16.2.1989 and despite the same, respondents 1 to 4 claim it to be their patta land. placing reliance upon sections 7 and ..... for constitution of the tribunals to adjudicate upon the disputes relating to wakfs and its properties. section 85 of the act bars the jurisdiction of the civil courts on such matters. it is a matter of record that the suit was filed in the year 1995 and that the a.p. wakf tribunal was constituted with effect from 1.7.1997. whenever specialised tribunals .....Tag this Judgment!
Court : Kolkata
Reported in : 2006(3)CHN295
..... of imagination could be the subject-matter of decision and/or adjudication of any us arising out of such wakf deed by the wakf board in terms of the wakf act, 1995 including the earlier wakf act as existing before enactment of the said statute namely, bengal wakf act, 1934. for effective decision of the matter, the statutory provisions only are required to be interpreted to address ..... by exercising the power under the concerned wakf act. furthermore, even after repeal of the said bengal wakf act, 1934, the present wakf act, 1995 mandated the registration of the wakf property in terms of section 36 of the said act of 1995, but it has not changed materially the definition of wakf act in terms of section 3(r)(iii) of the said act, 1995. this point has been finally settled ..... under the purview of the definition of the word in terms of section 3(r)(iii) of the said wakf act, 1995. though the present wakf deed was executed when the bengal wakf act, 1934 was in existence and after repeal of the said provision, the present wakf act, 1995 has been introduced, still then there is no material change so far as adjudicating power of the ..... civil court.5. hence, having regard to such legal position, this court is of the view that section 3(r)(iii) of the wakf act, 1995 has no applicability in respect of the wakf property covered under the wakf-alal-aulad and more particularly the beneficiary allowance issue as was identified by the wakif since cannot be considered within the definition of the .....Tag this Judgment!
Court : Kolkata
Reported in : (2007)3CALLT334(HC)
..... of making representation, if any, and after 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 of communication of this order to the chief ..... that allegations made in the complaint had stood 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 case the tribunal upheld the decision of the ..... , 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 the complaint the chief executive officer of the board issued a notice dated august 22nd, 2001 calling upon the petitioners to ..... . in 1999 he made certain complaints alleging that the affairs of the 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 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2007SC1447; 2007(2)AWC1571(SC); 2007(2)CTC508; (2007)3MLJ366(SC); 2007(4)SCALE81; (2007)10SCC727
..... order dismissing the suit, an appeal was filed by the plaintiffs (respondents-herein) before the high court taking the plea that by virtue of section 85 of the wakf act, 1995 (hereinafter referred to as 'the act'), the civil court ceased to have any jurisdiction in the matter, and therefore, the judgment and decree passed by the addl. district judge, jaipur was without jurisdiction ..... not be applicable to the pending suits or proceedings or appeals or revisions which have commenced prior to 1.1.1996, i.e., coming into force of the wakf act, 1995. therefore, the view taken by the learned single judge was not correct in the case of syed inamul hag shah (supra). hence, in view of the above discussion, we are ..... wakf specified in such list is a shia wakf or sunni wakf, the board or the mutawalli of ..... is relevant to mention here that the wakf act, 1993 came into force with effect from 1.1.1996. section 6 of the wakf act, 1995 relates to the disputes regarding wakfs property. section 6 of the act reads as under:6. disputes regarding wakfs. - (1) if any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a .....Tag this Judgment!
Court : Patna
..... . rather the petitioners have approached this court against what according to them is an illegal and unjustified exercise of statutory powers conferred upon the wakf board by the wakf act, 1995. the petitioners in terms of a development agreement with the mutawalli having undertaken and invested a huge amount in making the constructions which are practically complete and sold out so ..... affect the powers of the court. under the wakf act, 1954 and now under the present wakf act, 1995 the powers of the court in this regard have been vested in the wakf board and therefore even if the deed of wakf prohibits the mutawalli from making the sale, etc. of wakf property it would be open to the wakf board to grant approval for the sale or other ..... is presumed to have been aware of the provisions of section 51 of the act which puts embargo on the alienation of wakf property but the said section has to be read along with section 32(4) of the wakf act, 1995 under which if the board is satisfied that any wakf land offers a feasible potential for development as a shopping centre, market, housing flats ..... forms of alienation. in fact, the overriding statutory powers of the wakf board .....Tag this Judgment!
Court : Kolkata
Reported in : 2005(4)CHN522
..... appeal was preferred and such decision is binding upon the parties. the tribunal in this case is a creature of wakf act, 1995 and as such, is required to act in accordance with power vested in it by virtue of such statute. under the wakf act, 1995, the tribunal is required to function both as original and appellate authority. as provided in section 83(5) of the ..... act, the tribunal shall be deemed to be a civil court and shall have the same power as may be exercised by a civil court under the code ..... application being c.o. no. 21128 (w) of 1995 challenging the decision of the wakf board but such writ application was dismissed.(f) being dissatisfied, the petitioner preferred an appeal being f ..... board for taking decision and the board by its resolution dated august 29, 1995 decided to remove the present petitioner from the post of mutawalli for misdealing with the wakf property and appointed enayat ali dewan and mst. hasina bibi as joint mutawalli's under section 40 of the bengal wakf act, 1934 for two years.(e) thy present petitioner, consequently, filed a writ .....Tag this Judgment!
Court : Karnataka
Reported in : AIR2000Kant141; ILR1999KAR3319; 1999(5)KarLJ617
..... does not arise.11. in the case on hand, admittedly the property in question is notified as wakf property as per gazette notification dated 15-2-1968.12. the definition of mutawalli under the old wakf act, 1954 and under the wakf act, 1995 which reads thus:old wakf act, 1954newwakf act, 1995section3(f). - 'mutawalli' means any personappointed either verbally or under any deedor instrument by which ..... a wakf has been created or by a competentauthority to be the mutawalli of a wakf andincludes any naib-mutawalli, khadim,mujawar, sajjadanishin, amin or ..... have to be adjudicated by a tribunal constituted under section 83 of the wakf act.sub-sections (2) and (7) of section 83 of the wakf act, 1995, which thus reads.--'section 83(2).--any mutawalli person interested in a wakf or any other person aggrieved by an order made under this act, or rules made thereunder, may make an application within the time specified ..... a tenant in respect of the said property. section 3(k) of the wakf act, 1995 defines a person interested in a wakf, which thus reads:'section 3(k).--'person interested in a wakf means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes:(i) any person who has a right to worship or to .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2003(4)MPHT370
..... limitation to file suit expired. indeed, when the suit itself was barred by limitation, the respondent had no power to file an application under section 6/7 of the amended wakf act, 1995 before the tribunal. it was thus, not maintainable and equally hopelessly barred by time and hence, had to be dismissed on the ground of it being barred by limitation and ..... is bad and that applicants (respondents) are the bhumiswami of the suit land. it is against this order, the non-applicants, i. e., wakf board has filed this revision under section 83(9) proviso of the wakf act, 1995.4. none for the petitioner. shri s.m. jain, learned counsel for respondent nos. 1 to 3. record perused and submissions of learned counsel for ..... .1. this is a revision filed by madhya pradesh wakf board under section 83(9) proviso of the wakf act, 1995 against the order dated 16-4-2000 passed by wakf tribunal, bhopal in case no. 1417 of 1996. facts in brief are these.2. in exercise of powers conferred by section 5(1)(2) of wakf act of 1954, the board on 13-9-1985 published ..... . on 27-12-1996, the respondents filed an application before the tribunal constituted under the wakf act under section 6/7 of the act of 1995 seeking a declaration that the suit property specified in the official gazette (wakf list), dated 13-9-1985 referred supra, is not in fact a wakf property but the said property exclusively belongs to respondents (applicants before the tribunal). in .....Tag this Judgment!
Court : Gujarat
Reported in : AIR2002Guj252
..... of the union of india. the court was, in fact, interested to know whether any survey of muslim population was made before bringing into force new wakf act, 1995 and the objects and reasons for recognition of muslims in broadly two sects only, i.e. sunni and shia.10. since the subject involved is on ..... kasaiwada masjid trust, bharuch. in the state of gujarat. by this petition, he has challenged the provisions of the wakf act, 1995 act 43/94) which received the assent of the president on 22-11-1995 and it came into force in the state of gujarat with effect from 2-12-1996.2. the main ground of ..... . before concluding, we consider it necessary to record certain observations. although the petitioner has failed to make out any case for striking down provisions of the wakf act, the subject was of sufficient general public importance. special notice to the attorney general was, therefore, given. it was not responded to and no reply- ..... is that in the entire act of 1995, there is no recognition to sufies, no mention of tomb. dargah or khanqah or takiya all of which are wakf institutions of sufies. there are large numbers of sufi wakfs throughout india. in bharuch district itself, there are 629 sufi wakfs as against only 315 wakfs of wahabi, 17 of ..... challenge to the provisions of sections 13, 14, 32(a), 38, 61, 72 and 104 of the act is that in the constitution of the wakf board believers of .....Tag this Judgment!
Court : Chennai
Reported in : (2007)4MLJ580
..... not be application to the pending suits or proceedings or appeals or revisions which have commenced prior to 1.1.196 i.e., coming into force of the wakf act, 1995....6. the above judgment of the hon'ble apex court squarely applicable to the facts of the present case in the present case as well, the institution of the suit ..... judge, villupuram for necessary action. the district judge, villupuram also after getting a clarification from the district munsif, gingee, transferred the suit to the wakf tribunal.4. but, a reading of section 7(5) of the wakf act, 1995 would establish that the tribunal shall not have jurisdiction to determine any matter which is the subject matter of any suit or proceeding instituted or ..... full-fledged trial, the learned district munsif, gingee dismissed the suit on the issue of jurisdiction holding that the properties are wakf properties and the civil court has no jurisdiction to try the same as per section 85 of the wakf act, 1995, and further directed the parties to the suit to appear before the district court, villupuram. however, the district judge, villupuram questioned ..... or proceeding instituted or commenced in a civil court under sub section (1) of section 6, before the commencement of this act, i.e., if any suit has been instituted in any civil court prior to coming into force of the wakf act, 1995, then the tribunal will have no jurisdiction to decide such matter and it will be continued and concluded as if .....Tag this Judgment!