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May 06 2008

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

Court : Supreme Court of India

Decided on : May-06-2008

Subject : Property

Acts : Wakf Act, 1954 - Sections 3, 3(4), 36, 36(2), 36A, 43, 43(2), 45 and 67; Urban Land (Ceiling and Acquisition) Act, 1976 - Sections 20; Specific Relief Act, 1963 - Sections 17 and 20; Wakf Rules - Rules 12, 12(1), 12(2), 12(3) and 12(4)

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

S.B. Sinha, J.1. Leave granted.2. Application of the Wakf Act, 1954 and the Rules framed by the State of Andhra Pradesh as regards a suit for specific performance of … take into consideration the question as regards the validity of agreement (Exh.A-13), inter alia, in the light of Section 17 of the Specific Relief Act, 1963 (viii) The courts below should have held that the agreement was executed

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Nov 01 1971

Mariam Bai Vs. Mohamed Jaffar Abdul Rahiman Sait and ors

Court : Chennai

Decided on : Nov-01-1971

Subject : Property

Acts : Indian Registration Act, 1908 - Sections 17(1) and 17(2); Indian Trusts Act - Sections 5; Muslim Wakf Act, 1954 - Sections 3(1), 6 and 6(1); Muslim Wakf (Amendment) Act, 1964

Reported in : AIR1973Mad191

the Act deals are trusts which are treated as wakfs under the definition of Section 3(1) of the Wakf Act of 1954 and as such, a trust which does not satisfy the tests prescribed by the said definition … maternity hospital and that this is not sufficient to constitute a valid wakf. In paragraph 188 at page 179 of Mullah's Principles of Mohammedan Law, it is stated that where there is neither a declaration of wakf

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Jan 17 1996

Pannalal Bansilal Patil and Others Etc. Vs. State of Andhra Pradesh an ...

Court : Supreme Court of India

Decided on : Jan-17-1996

Subject : Trusts and Societies

Acts : Constitution of India - Articles 13, 14, 15(1), 25(1 & 2) and 26; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 15, 16, 17 and 29(5); Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966; Wakfs Act, 1954 - Sections 2(16), 24, 25, 26, 30, 31 and 32

Reported in : 1996IAD(SC)684; AIR1996SC1023; 1996(3)ALT1(SC); JT1996(1)SC516; 1996(4)KarLJ252; 1996(1)SCALE405; (1996)2SCC498; [1996]1SCR603; 1996(1)LC265(SC)

or not, in accordance with the provisions of the Act other than Wakfs governed under the Wakfs Act, 1954. It also applies to all Hindu … registered or not, in accordance with the provisions of the Act other than Wakfs governed under the Wakfs Act, 1954. It also applies to all Hindu public religious institutions and endowments whether registered or not in accordance with … or mutawalli or dharmakarta or muntazim or by whatever name called, stands abolished on commencement of the Act. Section 17 provides procedure to make appointment of trustee and their term of office. Section 29(5) deal with the appointment

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Jul 19 2000

The Horticulture Producers' Co-operative Marketing and Processing Soci ...

Court : Karnataka

Decided on : Jul-19-2000

Subject : Trusts and Societies

Acts : Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 - Sections 3, 4, 5, 7, 9 and 10; Constitution of India - Articles 226 and 227; Karnataka Co-operative Societies Act, 1959; Wakf Act, 1954; Public Premises (Eviction of Unauthorised Occupants) Act, 1971; Karnataka Slum Area (Improvement and Clearance) Act, 1973 - Sections 3(1) and 17

Reported in : 2000(6)KarLJ442

The Karnataka Board of Wakfs, the second respondent herein is a statutory Board constituted under the provisions of Wakf Act, 1954. The administrative control and management of all wakfs and wakf properties in the State of Karnataka is vested … had issued one more Notification in No. HUD 28 MCS 78, dated 31-1-1978, proposing to acquire lands under Section 17 of the Land Acquisition Act. Aggrieved by this notification, the third respondent herein had filed a Writ Petition

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Mar 16 1998

Syed Abdur Razzack Vs. Chairman, Andhra Pradesh State Wakf Board, Hyde ...

Court : Andhra Pradesh

Decided on : Mar-16-1998

Subject : Service

Acts : Andhra Pradesh Wakf Regulations - Regulations 17(3) and 25(1); Wakf Act, 1954 - Sections 68

Reported in : 1998(2)ALD789; 1998(3)ALT247

Regulation 25 of the Regulations framed by the Board under A.P. Wakf Regulations. Under Section 68 of the Wakf Act, 1954 it is permissible for the Board, with previous sanction of the State Government, to make regulations and rules … not exhaust his remedy under the Andhra Pradesh Wakf Regulations 1963 wherein an appeal is provided under Regulation 17(3) to the Board. The Board is the competent appellate authority. For all these reasons it is contended that

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Mar 16 2007

Hanumandas Vallabhdas and Son, a Partnership Fir, Its Partner, Shri Sh ...

Court : Mumbai

Decided on : Mar-16-2007

Subject : PropertyTrusts and Societies

Acts : Code of Civil Procedure (CPC) - Sections 96 - Order 6, Rule 17; Land Acquisition Act, 1894 - Sections 25 and 25(2); Ancient Monuments Preservation Act, 1904; Ancient Monuments and Archaeological Sites and Remains Act, 1958; ;Wakf Act, 1954 - Sections 26; Karnataka Land Revenue Act; Transfer of Property Act - Sections 106

Reported in : 2007(3)ALLMR295; 2007(3)BomCR680; 2007(4)MhLj721

that the suit property as having been declared as 'Wakf Property' in terms of Section 26 of the Wakf Act, 1954 and was also stated to have been published in the Gazette. Inasmuch as the suit property since inception … order passed by the first Appellate Court below Exhibit-53 on 26th August, 2005, in Regular Civil Appeal No. 171 of 2001, pending on the file of learned District Judge at Dhule. It was an application seeking amendment

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Mar 03 2009

Nukalapati Venku Reddy (Died) and ors. Vs. the Assistant Commissioner, ...

Court : Andhra Pradesh

Decided on : Mar-03-2009

Subject : Trusts and Societies

Acts : Andhra Pradesh Societies Registration Act, 1981; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 - Sections 1(3), 2(17), 2(21), 2(23), 2(25), 2(27), 87(1), 91, 92 and 156; Andhra Pradesh Charitable Hindu Religious Institutions and Endowments Act 1968; Wakfs Act, 1954; Income Tax Act; Code of Civil Procedure (CPC) - Sections 92 - Order 1, Rule 10 - Order 7, Rule 11 - Order 26; Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Rules

Reported in : 2009(3)ALT467

its religious leanings, would be governed by the Act as long as it is not covered by the Wakf Act. It is nobody's case that the Ashram is a charitable institution or endowment.21. 'Religious institution' is defined under … in accordance with provisions of this Act, other than Wakfs governed by the provisions of the Wakfs Act, 1954.(b) all Hindu public religious institutions and endowments whether registered or not in accordance with the provisions of this … No. 7 of 1999 before the Deputy Commissioner of Endowments, Guntur, under Section 87(1)(b) of the Act, with a prayer to declare that the Ashram

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Nov 14 2006

Chintala Uday Shankar and ors. Vs. Subedar Saheb Choultry, Trust Board ...

Court : Andhra Pradesh

Decided on : Nov-14-2006

Subject : PropertyTrusts and Societies

Acts : Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 2, 9, 22, 26, 36 and 43; Muslim Wakf Act, 1954 - Sections 5, 6, 15, 32(2), 36, 36B, 36F, 43, 55, 55(2), 56, 66, 89, 90 and 92; Andhra Pradesh Wakf Act, 1995 - Sections 83, 85, 107 and 112; Societies Registration Act - Sections 4; Specific Relief Act - Sections 31; Trusts Act - Sections 10; Limitation Act - Articles 59, 63 and 64; Transfer of Property Act - Sections 3; Andhra Pradesh Wakf Rules - Rule 12; Code of Civil Procedure (CPC) , 1908 - Sections 91, 92, 92(1), 92(2), 92(3), 93 and 151 - Order 1, Rule 10; Inams Act - Sections 14; Muslim Law; Mohammedan Law

Reported in : 2007(2)ALD213

Matched in: Advocate O. Manohar Reddy, Adv. in A.S. No. 1194 of 2004, C.R.P. Nos. 2773, 2793, 2815, 2961, 2967, 2989 and 3138 of 2002 and ;B. Adinarayana Rao, Adv. in C.R.P. Nos. 2882, 2990 to 2995, 3134 and 3146 of 2002 K. Ramakanth Reddy, SC for Wakf Board for Respondent No. 1 in A.S. No. 1194 of 2004 and in C.R.P. No. 3138 of 2002 and ;M.V. Durga Prasad, Adv. for Respondent Nos. 3 to 5 in A.S. No. 1194 and in C.R.P

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Mar 12 1996

Muslim Minority Front, Rep. by Its Secretary, Sri Mohd. Abdul Muqueet ...

Court : Andhra Pradesh

Decided on : Mar-12-1996

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 1(3), 13, 13(1), 14, 14(1), 14(9), 112 and 112(2); Wakf Act, 1954 - Sections 11; General Clauses Act, 1897 - Sections 6; Constitution of India - Article 226

Reported in : 1996(2)ALT30

Matched in: Advocate T. Jagadish, Adv. for ;A. Narendra, Adv. Adv. General, ;G.P. for Revenue for Respondent No. 1, ;M.A. Bari, Adv. for Respondent No. 2, ;Imammullah Baig, SC for Wakf Board for Respondent No. 3 and ;K. Pratap Reddy, Adv. for Respondent Nos. 4 t

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Jan 16 2002

Gulisthan Shadi Mahal Trust, Bangalore Vs. the Karnataka Board of Wake ...

Court : Karnataka

Decided on : Jan-16-2002

Subject : Trusts and SocietiesProperty

Acts : Wakf Act, 1954 - Sections 3(1), 5(2), 6 and 6(1); Constitution of India - Articles 226 and 227

Reported in : ILR2002KAR2592; 2002(3)KarLJ115

dated 5-4-1995. By the said order, the Board, in exercise of its powers under Section 43-A of the Wakf Act, 1954, has assumed the direct management of the petitioner-Trust for a period of one year or until further orders, … and irregularities stated in the notice itself. The notice was replied by the petitioner-Trust by its letter dated 17-6-1991. The Board not being satisfied with the explanation offered, had appointed an Enquiry Officer to inquire into the

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