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Sep 01 1972

Madhi HussaIn Khan Ashurkhana Endowments and anr. Vs. Manivanna Naicke ...

Court : Chennai

Decided on : Sep-01-1972

Subject : Trusts and Societies

Acts : Madras City Tenants Protection Act, 1922; Wakf Act, 1954 - Sections 9, 36-A and 57(2); Madras Hindu Religious and Charitable Endowments Act - Sections 34

Reported in : AIR1974Mad145

to sell under any circumstances, except with the sanction of the Wakf Board under Section 36-A of the Wakf Act, 1954. It is true, that in a case not governed by the Madras Hindu Religious and Charitable Endowments Act,

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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 … permanent cinema theatre, by an agreement dated 7-5-1971, without obtaining the sanction from the plaintiff, as required under Section 36-A of the Wakf Act. The said lease, without such sanction, is invalid, as it is for non-agricultural

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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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Apr 19 2002

Radhakrishna Rice Mill Company and ors. Vs. Jumma Maseedh by Its Mutha ...

Court : Andhra Pradesh

Decided on : Apr-19-2002

Subject : Civil

Acts : Wakf Act, 1954 - Sections 15, 15(1), 29, 42, 44, 69 and 69(1); Wakf (Amendment) Act, 1955 - Sections 32, 36, 42 and 56; Code of Civil Procedure (CPC) , 1908 - Sections 92 and 93

Reported in : AIR2003AP70; 2002(6)ALD52; 2002(6)ALT791

No. 113/13, the trial Court approved the same.6. During the tenure of Abdul Rahim as the Trustee, the Wakf Act, 1954 (hereinafter referred to as 'the 1954 Act') came to be enacted. He was appointed as the 1st Chairman … the property of the Mosque is to be in accordance with the provisions of both the Acts. Under Section 36(f) of 1954 Act, lease or sublease of any Wakf property for any period exceeding three years shall be

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Aug 22 2007

Mohd. Abdul Jabbar Vs. Mohd. Ghulam Mustafa and ors.

Court : Andhra Pradesh

Decided on : Aug-22-2007

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 51; Wakf Act, 1954 - Sections 3, 36(A), 36A(1) and 36A(3); Mohammedan Law

Reported in : 2008(1)ALD133; 2008(1)ALT478

It is an undisputed fact that the suit mulgi is a wakf property under Section 36(A) of the Wakf Act, 1954. The Mutawalli can sell the property to the third party with prior permission of the Wakf Board and

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Jan 25 2007

Mohammedia Co-operative Building Society Ltd. Vs. Lakshmi Sreenivasa C ...

Court : Andhra Pradesh

Decided on : Jan-25-2007

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 2(12), 3, 36(1), 36A, 51, 62, 63, 64 and 66A; Transfer of Property Act, 1882 - Sections 52; Andhra Pradesh Co-operative Societies Act, 1964 - Sections 51; Urban Land Ceiling Act, 1976; Andhra Pradesh Wakf Act, 1974 - Sections 36A;Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1966 - Sections 74 and 74(1); Contract Act, 1872 - Sections 65; Administrative Tribunals Act - Sections 6(2); Code of Civil Procedure (CPC) - Sections 35, 47 and 80; Andhra Pradesh Wakf Rules, 1974 - Rule 12, 12(2) and 12(4)

Reported in : 2007(3)ALD282

Notification under Rule 12(2) of A.P. Wakf Rules (for brevity 'the Rules') read with Section 36-A of the Wakf Act, 1954 (for brevity 'the Act'), was issued on 15-2-1982 calling for objections from the public and since no objections

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Jul 23 1999

Shaikh Babbu S/O. Sk. KhutbuddIn Vs. Sayeda Masarat Begum and Another

Court : Mumbai

Decided on : Jul-23-1999

Subject : Criminal

Acts : Muslim Womens (Protection of Rights on Divorce) Act, 1986 - Sections 3, 4, 5 and 6; Constitution of India - Articles 14, 15, 21, 141, 142, 226, 245 and 246; Code of Criminal Procedure (CrPC) , 1973 - Sections 125, 127 and 128; Family Courts Act, 1984 - Sections 7, 8, 19 and 20; Wakf Act, 1954 - Sections 9; Wakf Act, 1995 - Sections 36; Family Courts Act, 1994 - Sections 7(2); Bombay High Court Appellate Side Rules, 1960 - Rule 7; Hindu Succession Act, 1956 - Sections 15(2) and 16

Reported in : 2000(5)BomCR118; 1999CriLJ4822

be paid, the Magistrate may, by order, direct the State Wakf Board established under section 9 of the Wakf Act, 1954 (section 36 of the Wakf Act of 1995) or under any other law for the time being in force in

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Feb 04 1985

Syed Khersha Sajanshah Mutvalli Vs. the Bhuj Municipality and anr.

Court : Gujarat

Decided on : Feb-04-1985

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3, 6, 36, 37, 38, 55, 56, 57 and 60; Code of Civil Procedure (CPC), 1908 - Sections 9 and 92

Reported in : AIR1986Guj1; (1985)1GLR437

of the wakf property. Now Mr. Y. S. Mankad submits that S. 36 of the Wakf Act, 1954 prescribes the duties of Mutawalli and, therefore, … holding that in the absence of a notice served upon the Wakf Board under S. 56 of the Wakf Act 1954, the present suit was not maintainable?2. The relevant facts leading to the present appeal may be stated as … He also relies on clause (K) of S. 87 of the said Act. On perusal of the said Section it is clear that the said Section prescribes the duties of the municipality and el. (K) prescribes the

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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 … with paralysis and not in a position to move out. None of them were performing legitimate duties under Section 36 and rendering services to the said Dargah. Therefore, it was proposed to initiate enquiry under Section 45 and

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Jun 18 2009

Rohini Housing Complex Owner's Asso. Vs. Raiben Wd/o Dhiraj Ugraji and ...

Court : Gujarat

Decided on : Jun-18-2009

Subject : Property

Acts : Bombay Non-Trading Corporation Act; Bombay Tenancy and Agricultural Lands Act, 1948 - Sections 2(2A), 32Q, 63, 63(1), 76, 84C, 84C(2) and 84C(3); Bombay Co-operative Societies Act, 1925; Indian Contract Act - Sections 56 Industrial Disputes Act - Sections 10 and 10(1); Pensions Act - Sections 6; Bombay Land Revenue Code, 1879 - Sections 65, 65(1), 108(5); Code of Civil Procedure (CPC) - Sections 92; Muslim Wakfs Act, 1954 - Sections 55(2); Bombay Tenancy and Agricultural Lands Rules, 1956 - Rule 36; Bombay Land Revenue Rules

Reported in : (2009)2GLR1710

held that in granting or with-holding sanction to file a suit under Section 55(2) of the Muslim Wakfs Act, 1954, the Wakf Board does not act in a judicial or quasi-judicial capacity but only in an administrative capacity. … grant permission for alienation by any of the modes stipulated on such conditions as may be prescribed. Rule 36 of the Bombay Tenancy and Agricultural Lands Rules, 1956 (the Tenancy Rules) provides for the conditions on which

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