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Apr 06 1962

Mohammed Jacoo Sait Vs. District Collector of Trichur District and ors ...

Court : Kerala

Decided on : Apr-06-1962

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 55, 55(1), 55(2) and 69; Code of Civil Procedure (CPC) - Sections 92, 92(1) and 93; Religious Endowments Act, 1863 - Sections 18

Reported in : AIR1962Ker343

appellant and the other trustees Respondents 4 to 9, is maintainable, in view of Section 55(2) of the Wakf Act, 1954, Central Act XXIX or 1954. The circumstances under which the appeal arisesmay be briefly indicated. Respondents 2 and … the institution of suits in respect of these reliefs by the person or authority other than the Board. 37. It was perfectly competent to Parliament when dealing with suits to be instituted also by any person or

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Oct 20 2022

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

Decided on : Oct-20-2022

Subject : Land Acquisition

prelude to the scope of Section 40, which latter provision is, pari materia with Section 27 of the Wakf Act, 1954. Section 39 inter alia reads as under:74. “39. Powers of Board in relation to auqaf which have ceased to … includes the power of superintendence under Section 32, power of registration under Section 36, maintenance of register under Section 37 and power of the Board under Section 40 to decide the 7 1963 SCC Online Mad 132 33

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Jun 06 2011

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

Decided on : Jun-06-2011

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Section 92; Wakf Act, 1995 - Section 83(5)

Act, 1923 was not uniformly followed by all the States, it resulted in the passing of the Central Wakf Act, 1954, by which a more positive role has been assigned to the State Wakf Boards, thus transforming the Wakf … for effecting appointment of trustees to the Mosque Endowment is invalid; (iv)that there is a specific bar under Section 66 of Act 43 of 1995 against the Wakf Board to appoint or remove mutawalli in respect of … shall be maintained. The operative portion of the order is as follows: 37. In the facts and circumstances of the case, and in view of

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Sep 16 1966

G.S.T. Shaik Mohideen Sahib Vs. the State Wakf Board and anr.

Court : Chennai

Decided on : Sep-16-1966

Subject : Trusts and SocietiesProperty

Reported in : (1968)2MLJ144

God or to religious or charitable purposes, i.e., in no case could private wakf be Valid. After the Wakf Act of 1913, this view is no longer tenable, and, while a wakf exclusively for the benefit of the … been included in the list of wakfs in the Madras State, under Section 5 of the Muslim Wakfs Act, 1954. The first plaintiff in the suit claims to be Sajjadhanishin of the Darga and the second plaintiff is … by the learned Counsel for the appellant on Section 109 of Act XXXVII of 1936 cannot stand. Section 109 (1) runs thus:Save as otherwise expressly

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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

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 … sub-section (2) of S. 5 is wakf property or not. Similarly, S. 37 also prescribes the duties of the Mutawalli for paying from the income … 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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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 22 1999

Smt. Jaitunbi Mubarak Shaikh Vs. Mubarak FakruddIn Shaikh and anr.

Court : Mumbai

Decided on : Apr-22-1999

Subject : CriminalFamily

Acts : Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 2, 3, 3(1), 3(2), 3(3), 3(4), 4, 4(1), 4(2), 5, 7, 8 and 31(1); Wakf Act, 1954 - Sections 9; Orissa Forest Produce (Control of Trade) Act, 1981; Payment of Bonus Act, 1965; Code of Criminal Procedure (CrPC) , 1973 - Sections 125 to 128; Code of Criminal Procedure (CrPC) , 1898 - Sections 488; Muslim Personal Law

Reported in : 1999CriLJ3846

apply to the Magistrate for a direction to the State Wakf Board established under Section 9 of the Wakf Act, 1954 to pay such maintenance as may be determined by the Magistrate having regard to all the relevant facts … reference to the provisions of Section 34 of the 1996 Act. So far as an appeal filed under Section 37 of the 1996 Act is concerned, perusal of Section 37 shows that an appeal is provided to the

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Feb 27 2004

iqra Masjid Welfare Society and ors. Vs. Managing Committee of Iqra Mo ...

Court : Jharkhand

Decided on : Feb-27-2004

Subject : Trusts and Societies

Acts : Waqf Act, 1954 - Sections 10, 11, 12, 14, 22, 25 and 43(4A); Waqf (Amendment) Act, 1995 - Sections 14, 15, 17, 25, 27 and 36; Societies Registration Act, 1860 - Sections 3; Constitution of India - Article 226

Reported in : 2004(52)BLJR636; [2004(2)JCR390(Jhr)]

No. 651 of 2003 is dismissed. In the circumstances, we direct the parties to suffer their respective costs. Wakf Act, 1954, Section 43(4A) - Societies Registration Act, 1860, Section 3--Management of mosque--Dispute regarding--Registration granted to Wakf Committee--In undue haste in … sale-deeds did not disclose the purpose for which the purchases were being made. A ground floor consisting of 37 shop rooms was originally constructed in the year 1990. They were let out on rent. Subsequently, three other

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Feb 27 2004

iqra Masjid Welfare Society Vs. Managing Committee of Iqra Mosque and ...

Court : Jharkhand

Decided on : Feb-27-2004

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 43(4A); Societies Registration Act, 1860 - Sections 3

Reported in : 2004(1)BLJR636

Minister Incharge, Minority Welfare; Government of Bihar, dated 12.5.1998allegedly in exercise of powers under Section 43(4A) of the Wakf Act, 1954. Theorder writ petition, CWJC No. 4822 of 1998, was filed by the Secretary of the WakfCommittee challenging the … sale deeds did not disclose the purpose for which the purchases-were being made. A ground floor consisting of 37 shop rooms was originally constructed in the year 1990. They were let out on rent. Subsequently, three other

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Apr 10 2012

Puthiyapura Sheik Koya Thangal and Another Vs. P.P. Koyammakoya and Ot ...

Court : Kerala

Decided on : Apr-10-2012

Subject : Land Acquisition

right of Muthavallyship in favour of the plaintiff. The suit is barred under Sec. 55 (E) of the Wakf Act, 1954. Neither the plaintiff nor any of his karanavans ever applied for registration of the plaint schedule mosque which … The plaintiff might have been a Sheik but not a Muthawalli. Page 37 of the aforementioned book by R.H. Ellis would go to show that … Police protection was sought for implementing the above resolution. The Executive Magistrate was constrained to take proceedings under Sections 144 and 145 Cr.P.C. with regard to the Juma Mosque in question . The decision of the JHSI

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