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Oct 24 1978

Board of Muslim Wakfs, Rajasthan Vs. Radha Kishan and ors.

Court : Supreme Court of India

Decided on : Oct-24-1978

Subject : FamilyProperty

Acts : The Wakf Act, 1954 - Sections 4(1), (3) and (5), 5(2) and 6(1) and (4)

Reported in : AIR1979SC289; (1979)2SCC468; [1979]2SCR148

of wakfs published by the Board of Muslim Wakfs, Rajasthan under Sub-section (2) of Section 5 of the Wakf Act, 1954 is not binding on the respondents Nos. 1 and 2, the mortgagee-purchasers and restraining the Board from taking … recorded as such, and accordingly, forwarded a report to that effect to the State Government as required under Sub-section (3) of Section 4.5. On receipt of the report of the Commissioner of Wakfs forwarded to it by the

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Mar 16 1982

Tamil Nadu Wakf Board Vs. S. Syed Inam Saheb and anr.

Court : Chennai

Decided on : Mar-16-1982

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3(1), 15, 66C and 36A

Reported in : AIR1983Mad297

1. An interesting question of law as to whether a non Muslim can create a wakf Act 1954, arises in this appeal filed by the plaintiff, the Tamil Nadu Wakf Board, in O.S. 39 of 1975 … has been donated by a person professing Hindu faith, which stands excluded from the definition of 'wakf' in Section 3 (1) of the Wakf Act, that even if the property is held to be a wakf property, still

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Jul 25 1974

The Kerala Wakf Board Vs. the Union of India (Uoi) and ors.

Court : Kerala

Decided on : Jul-25-1974

Subject : Constitution

Acts : Wakf Act, 1954 - Sections 3 and 46; Wakf (Amendment) Act, 1969; Constitution of India - Article 14

Reported in : AIR1975Ker123

and 4129 of 1971, 1629/72 and 4420 of 1971 by which Sections 3 (g) and 46 of the Wakf Act, 1954 (for short the Act) as amended by the Wakf (Amendment) Act, 1969 have been declared to be violative … to be aggrieved persons was also rejected by the learned Judge. But on the third main question whether Section 3 (g) and Section 46 of the Act as amended were violative of Article 14 of the Constitution, the

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Aug 30 2002

S.M. Pitchaiyammal Vs. Tamil Nadu Wakf Board Rep. by Its Secretary,

Court : Chennai

Decided on : Aug-30-2002

Subject : Trusts and SocietiesProperty

Acts : Wakfs Act, 1954 - Sections 3(1)

Reported in : (2002)3MLJ625

to be taken as creating a Wakf and the properties would come within the purview of the Wakfs Act, 1954 and in that view, the learned Judge held that the Wakf Board was entitled to recover possession of … a document, held that the entire dedication under the document was not a Wakf within the meaning of Section 3(1) of the Wakfs Act, 1954, but only that part of it, which related to the performance of certain

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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, … enquiry in the working of the petitioner-Trust. In pursuance thereof, the Board had issued a show-cause notice dated 3-6-1991, inter alia directing the petitioner-Trust to show cause as to why action should not be initiated against it

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Nov 09 1984

Mohammed Sab Wallad Gafar Sab Vs. Abdul Gani Wallad Mohammad Hayath

Court : Karnataka

Decided on : Nov-09-1984

Subject : PropertyCivil

Acts : Wakf Act, 1954 - Sections 3(1); Evidence Act, 1872 - Sections 68; Limitation Act, 1963 - Article 65

Reported in : ILR1985KAR1614

Bazaar, Dharwad, a wakf institution originally registered under the Bombay Public Trusts Act, 1950 and subsequently under the Wakf Act, 1954 (Central Act), filed the suit for possession of the suit properties. Plaintiff has been officiating as the mutawalli … the Learned Counsel on both sides have addressed arguments on this aspect, I shall briefly deal with the same.Section 3 of the Public Wakfs (Extension of Limitation) Act, 1959 reads as fellows :'Section 3. Where a person entitled

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Mar 16 1981

Tamil Nadu Wakf Board Vs. Sannasi Munayathiriyan

Court : Chennai

Decided on : Mar-16-1981

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3(1)

Reported in : AIR1982Mad293

be no order as to costs.11. Appeal allowed. Trusts and Societies - 'wakf' - Section 3 (1) of Wakf Act, 1954 - suit for declaration as 'wakf property and for possession - possession not granted holding property as private

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Jul 17 1973

The Madras State Wakf Board, Madras Vs. Khazi Mohideen Sheriff

Court : Chennai

Decided on : Jul-17-1973

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3(1), 3(A), 4, 5, 6 and 66-C; ;Orissa Hindu Religious Endowments Act - Sections 64; Madras Wakf (Supplementary) Act, 1961

Reported in : AIR1974Mad225

Trust and Societies - nature of grant - Sections 3 (1), 3A, 4, 5, 6 and 66C of Wakf Act, 1954, Section 64 of Orissa Hindu Religious Endowements Act and Madras Wakf (Supplementary) Act, 1961 - plaintiff filed suit for

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May 17 1991

Mohammed Jahan Begum Vs. Abdul Hakim

Court : Delhi

Decided on : May-17-1991

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3

Reported in : 45(1991)DLT3

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 … be made in the light of propositions reflected in questions 2 and 3, extracted above.(12) Having held that definition, as contained in the Act of … by virtue of this relationship of landlord and tenant, the civil suit was barred under the provisions of Section 50 of the Delhi Right Control Act. The suit prayer was resisted alleging that the structure in the

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Jul 05 1963

Kassimiah Charities Rajagiri, Represented by Its Hereditary Trustee Sr ...

Court : Chennai

Decided on : Jul-05-1963

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3, 3(1), 25 and 32; Muhammadan Law

Reported in : AIR1964Mad18

cured at any stage. Trust and Societies - wakf - Sections 3, 3 (1), 25 and 32 of Wakf Act, 1954 and Mohammadan Law - person established charity organisation - whether particular organisation can be said to be 'wakf' … might constitute a wakf under the Mahommadan law will come within the scope of the Wakf Act of 1954. Section 2 of that Act declares that the' provisions contained in the Act will apply to all wakfs. But

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