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

Court : Supreme Court of India

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 … the Wakf Board did not follow the procedure laid down under Rule 12 of the Rules read with Section 36A of the Act was accepted. Deed of sale executed by the appellant society in favour of the allottees

Tamil Nadu Wakf Board Vs. M. Ebrahim, Musuee Muthavalli and ors.

Court : Chennai

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 1(3), 3, 3(1), 36A, 57, 57(1), 57(2) and 57(4); ;Mussalman Wakf Validating Act, 1913; Bihar Wakf Act, 1947; West Bengal Wakf Act, 1934 - Sections 6(1), 6(10), 6(11), 27(1), 32, 34(1), 35, 46-A, 52 and 53; ;Uttar Pradesh Muslim Wakfs Act, 1936; Uttar Pradesh Muslim Wakfs (Amendment) Act, 1960

Reported in : AIR1979Mad231; (1979)1MLJ189a

is generally under the Mohammedan Law known as wakf-alal-aulad or a private wakf. The wakif is alive.2. The Wakf Act, 1954 (Central Act 29 of 1954 hereinafter referred to as the Act) was enacted by the Parliament and under … was that the property is a wakf property and therefore under S. 36A of the Wakf Act, the muthavalli has no right to sell, gift, … to already. The Act was enacted by Parliament to provide for a better administration and supervision of wakfs. Section 3 defines certain expressions and the most important of which is the expression 'Wakf' itself. Clause (1) of

Namira Construction Private Limited and Seraj Anwar S/O Late SirajuddI ...

Court : Patna

Subject : Property

Acts : Wakf Act, 1954; ;Wakf Rules, 2002 - Rule 49; ;Wakf (Amendment) Act, 1964 - Section 36A; ;Wakf Act, 1995 - Sections 26, 32(4), 32(5), 32(6), 51, 51(1), 51(2), 56(3) and 58; ;Code of Criminal Procedure (CrPC) - Section 144; ;Transfer of Property Act, 1882 - Sections 100, 118 and 122; ;Bihar Apartment Ownership Act, 2004; ;Bihar Apartment Ownership Act, 2006; ;Mahomedan Law - Sections 207 and 208; ;Constitution of India - Article 14

Matched in: Advocate Sanjay Singh,; Rajesh Mohan and; Sanjeev Kr. Singh, Shabbir Ahmad, Adv. for Wakf Board,; K.D. Chatterjee,; U

Mrs. Shazdah Begum Shushtary and Others Vs. the Karnataka Board of Wak ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 36A, 44, 45(1), 57 and 59; Code of Civil Procedure (CPC), 1908 - Sections 92

Reported in : AIR1995Kant155; ILR1994KAR749; 1994(3)KarLJ315

the original complainants before the Wakf Board -- Respondent No. I herein are invoking the provisions under the Wakf Act 1954, Wakf Board is a necessary or proper party. This contention is not accepted by the enquiry officer appointed … that the objections were invited to the proposal and the Board has not yet exercised its powers under Section 36A of the Wakf Act, is beyond the scope of the enquiry. It is difficult to countenance this submission

Gulam Dastagir Khan S/O. Gulzar Khan, Advocate and ors. Vs. Aziz Ahmed ...

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 197(1); Indian Penal Code (IPC), 1860 - Sections 34, 120, 405, 406, 409, 464, 418, 420 and 465; Wakf Act, 1954 - Sections 18, 36A and 66

Reported in : 1984(2)BomCR729

418, 420 and 465 of Indian Penal Code, 1860 and Sections 18, 36A and 66 of Wakf Act, 1954 - whether complaint not maintainable on … to appreciate the contentions raised in the petition it would be expedient to consider the scheme of the Wakf Act, 1954, and other details about the Constitution of the Marathwada Wakf Board.4. The Wakf Act, 1954, (hereinafter referred to … one Aziz Ahmed (herein-after referred to as the 'Complainant') against the petitioners and others for the offences under sections 405, 406, 409, 464, 418, 420, 465 read with sections 34 and 120 of the Indian Penal Code.

E.M.Koya Haji vs Thiyyaruthodikayil Mohamed

Court : Kerala

Societies Registration Act, 1860 whereas Kuttikkattoor Muslim Yatheem Khana was registered as Wakf under erstwhile provisions of the Wakf Act, 1954, on 20.09.1961. The Wakf under the unamended and amended provisions of the Act means a permanent dedication by … Section 51(1A) of the Act.(2) YK was not properly advised and were amiss in submitting an application under Section 36A and sought indulgence of this Court at this stage for withdrawal of the said application.(3) In support of

Radhakishan and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Property

Acts : Constitution of India - Article 226; Wakfs Act, 1954 - Sections 3, 3(4), 4(4), 4(5), 5(2), 6, 6(1), 6(4), 27, 36A, 36B and 59; Rajasthan Wakf Rules, 1956 - Rule 1; Limitation Act; Mussalman Wakf Act, 1923

Reported in : AIR1967Raj1

course for him was to file a suit in a civil Court under Section 6 of the Muslim Wakf Act, 1954, hereinafter to be referred to as 'the Act'. On 19-9-1962 the Wakf Commissioner dismissed this preliminary objection and … drive him to take recourse to a civil court.16. We may now turn to Sections 36A and 36B. Section 36A provides that a transfer of any immovable property of wakf whether it is by way of gift, sale,

E.M.Koya Haji vs President, Kuttikkattoor Muslim Jama-Ath Muslim Commi ...

Court : Kerala

Societies Registration Act, 1860 whereas Kuttikkattoor Muslim Yatheem Khana was registered as Wakf under erstwhile provisions of the Wakf Act, 1954, on 20.09.1961. The Wakf under the unamended and amended provisions of the Act means a permanent dedication by … Section 51(1A) of the Act.(2) YK was not properly advised and were amiss in submitting an application under Section 36A and sought indulgence of this Court at this stage for withdrawal of the said application.(3) In support of

United Chemicals, through Partner S. Hussian Nijamudeen Vs. A.S.M. Moh ...

Court : Chennai

Subject : Land Acquisition

Muthavalli without prior sanction, but post approval, in the conspectus of the applicability of Section 36A of the Wakf Act, 1954. 9. The Wakf Act, as it originally stood, did not contain restriction, but the amendment introduced through Section

Big Mosque, Rep. by Its Muthavalli, M.A. Azeem Baig Vs. Jetti Yellaman ...

Court : Andhra Pradesh

Subject : CivilTenancy

Acts : Land Acquisition Act, 1894 - Sections 31(1); Wakf Act, 1954 - Sections 36A; Transfer of Property Act, 1882 - Sections 107; Transfer of Property Rules, 1974; Andhra Pradesh (Andhra Area) Tenancy Act, 1956 - Sections 10

Reported in : 1997(4)ALT557

Matched in: Advocate A. Vyjayanthi, Adv. B.V.S.S. Prasad, ; T. Bali Reddy and ; C. Ramachandra Raju, Advs. and ;M.A. Bari, for Wakf Board