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Nov 17 1989

Anjuman-e-lslam Vs. Karnataka Board of Wakfs

Court : Karnataka

Decided on : Nov-17-1989

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 42, 43, 43(1) and 43A;

Reported in : ILR1990KAR214; 1990(1)KarLJ1

ought to have had for the removal of the Mutavalli as contemplated under Section 43 of the Karnataka Wakf Act, 1954, (for short 'the Act'), and in order to overcome the same, Section 43A of the Act has been … was constituted on 6-1-1986 is dissolved. The Committee itself was appointed by virtue of the power conferred under Section 42 of the Act. It is well settled in law that the power to appoint carries with it the

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Jul 21 1997

Mohammed Sulaiman and Another Vs. the Andhra Pradesh Wakf Board and An ...

Court : Andhra Pradesh

Decided on : Jul-21-1997

Subject : Civil

Acts : Wakf Act, 1954 - Sections 42

Reported in : AIR1997AP387; 1997(5)ALT740

Mosque' and used to manage the affairs of the Mosque and Milgis After coming into force of the Wakf Act, 1954 (for short the Wakf Act), the Wakf Board had taken over the supervision of the Mosque and the … the 1st respondent has no jurisdiction to grant Towliath (succession) for the reasons given in the subsequent paragraphs.6. Section 42 of the Act may be set out asfollows:'When there is a vacancy in the office of themutiiwalli of

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Sep 12 2001

Managing Committee, Nade Ali Masque, Bodhan, Nizambad District Vs. And ...

Court : Andhra Pradesh

Decided on : Sep-12-2001

Subject : Constitution

Acts : Wakf Act, 1995 - Sections 3(K), 6, 6(1), 6(2), 7, 32, 63, 67, 67(4), 68, 69(3), 83, 83(2), 83(5), 83(9), 112; Andhra Pradesh Wakf Rules, 2000 - Rule 20; Wakf Act, 1954 - Sections 42; Code of Civil Procedure (CPC), 1908 - Sections 151

Reported in : 2001(6)ALD811

of the present Act and also drawn my attention to the corresponding provisions under the old Act i.e., Wakf Act, 1954. Learned Counsel also had drawn my attention to several aspects to substantiate his contentions and all these contentions … make interim orders by exercising powers under Section 151 CPC.17. Section 63 of the present Act correspondents to Section 42 of the repealed 1954 Act. In Syed Amjadulla Khadir case [supra], it was held that Section 42 of

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Mar 13 1962

Mohammed Mohideen Vs. State Wakf Board and ors.

Court : Chennai

Decided on : Mar-13-1962

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 42 and 43; Constitution of India - Article 226

Reported in : AIR1963Mad132

son of the late Hakim) applied to the State Wakf board under Sections 42 to 45 of the Wakf Act, 1954, and specifically prayed for holding an enquiry under Sections 44 and 45 of the Act and for appointment … removal of the petitioner from mutavalli-ship and the appointment of the second respondent to the post, and therefore, Section 42 of the Act is attracted. This appears to be so. This court is not at this stage concerned

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Dec 28 2001

Shaik Ghouse MohiuddIn Vs. Andhra Pradesh State Wakf Board and ors.

Court : Andhra Pradesh

Decided on : Dec-28-2001

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 42, 63 and 83(9); Wakf Act, 1954 - Sections 29

Reported in : 2002(1)ALD751

'the Wakf Board') to notify and recognize him as Muthawalli of the Dargah under Section 29 of the Wakf Act, 1954 corresponding to Section 42 of the Wakf Act, 1995 as per the direction of this Court in WP

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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 … strictly followed by the devotees can be said to have given rise to usage and established the custom. Section 42 of 1954 Act also throws light upon it. It reads as under:'42. Power to appoint mutawallis in certain

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Mar 31 1959

Nawab Usman Ali Khan and ors. Vs. Choudhry Faezulla and ors.

Court : Madhya Pradesh

Decided on : Mar-31-1959

Subject : Trusts and Societies

Acts : Constitution of India - Articles 226; Muslim Wakfs Act, 1954 - Sections 11, 18, 42, 52, 62, 63 and 67

Reported in : AIR1959MP377

Chairman (called President in the petition) and the Madhya Bharat Muslim Wakf Board appointed under the Muslim Wakfs Act, 1954, as also against the Government of Madhya Pradesh and the Union of India.2. The case of the petitioner … over charge of the Wakf to a Committee appointed by the Board in exercise of its power under Section 42 of the Act.3. On these facts the petitioners felt aggrieved by the aforesaid action of the Board and

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Mar 26 1982

Adam Aboobacker Sait Vs. Kerala Wakf Board and ors.

Court : Kerala

Decided on : Mar-26-1982

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 15, 15(1), 15(2), 42, 43, 44 and 45

Reported in : AIR1982Ker322

1. The question which arises is whether or not the Board of Wakfs (the 'Board') established under the Wakf Act, 1954 (the 'Act') can adjudicate upon questions relating to the validity of appointment of a Managing Trustee of a … Section 15 (2) (g) says :'to appoint and remove mutawallis in accordance with the provisions of this Act.' Section 42 reads : 'When there is a vacancy in the office of the mutawalli of a wakf and there

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Jan 27 1987

The Kerala Wakf Board, Ernakulam Vs. Alam Aboobacker Sait and ors.

Court : Kerala

Decided on : Jan-27-1987

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3, 15, 42 and 43

Reported in : AIR1987Ker176

the power to appoint Mutawallis of the Wakf Board can only be traced to Section 42 of the Wakf Act, 1954 but that the said provision does not confer power on the Wakf Board to decide the dispute when

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Nov 26 1996

Janab Shastry Khaja HussaIn Vs. the Karnataka Board of Wakfs and anr.

Court : Karnataka

Decided on : Nov-26-1996

Subject : Trusts and Societies

Acts : Constitution Of India - Article 14; Wakf Act, 1954 - Sections 15(2), 42, 43 and 43A

Reported in : ILR1997KAR817; 1997(4)KarLJ393

31st of March 1989, passed by the Respondent-Board, in exercise of its powers under Section 16 of the Wakf Act 1954, a managing Committee comprising 14 Members was constituted for the management of the Wakf aforementioned. The appointment orders … application to the instant case, as the same applied only to situations where a Mutavalli duly appointed under Section 42 was to be removed on one of the grounds set out in Section 43. It was urged that

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