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

Court : Kerala

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 … raised before the learned Judge two of which the learned Judge did not accept; and they were that Section 46 of the Act is an infringement of the right guaranteed by Article 26 of the Constitution, and that

Mahomad Ibrahim HussaIn Sait and anr. Vs. Kerala Wakf Board, Ernakulam

Court : Kerala

Subject : Property

Acts : Wakf Act, 1954 - Sections 3 and 46(1)

Reported in : AIR1964Ker310

the O.P. and before us is the Kerala Wakf Board, a Board established under Section 9 of the Wakf Act, 1954.2. Section 46 of the Act deals with the annual contribution payable to the Board. Sub-section (1) of

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 … 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 … contemplates the enrolment of wakfs contemplates the enrolment of wakf-alal-aulad also. Section 46-A provides that any question whether a particular property is wakf property or

Punjab Wakf Board, Ambala Cantt. Vs. Cpat. Mehar Singh and ors.

Court : Supreme Court of India

Subject : Property

Acts : Administration of Evacuee Property Act, 1950 - Sections 46 and 55(2); Muslim Wakfs Act, 1954 - Sections 9 and 11(1); Administration of Evacuee Property (Central) Rules, 1950 - Rule 33

Reported in : AIR1975SC1891; (1975)2SCC643; 1975(7)LC651(SC)

of Punjab shall be exercisable by the Board of Wakfs established under Section 9 of the Muslim Wakfs Act, 1954. There is no intrinsic evidence in Exhibit P-2 to indicate that the property in suit is Wakf property: … of trust. The declaration by the Custodian amounted to a finding that the property is trust property. Under Section 46 of the Act, the jurisdiction of Civil Court's is barred to go into the title of the property.

Syed Shah Muhammad Al Hussaini Vs. Union of India and Others

Court : Karnataka

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 14(1), 25, 26, 33, 38, 61, 64, 69, 70, 71, 72 and 96; Constitution of India - Articles 13, 14, 25, 26 and 372(1); Mussalman Wakf Act, 1923; Mussalman Wakf (Bombay Amendment) Act, 1935; Bengal Wakf Act, 1934; United Provinces Muslim Wakfs Act, 1936; Wakf Act, 1954 - Sections 56; Wakf (Amendment) Act, 1984 - Sections 46 and 47;

Reported in : AIR1999Kant112; ILR1999KAR8

Part II, Section 2, page 285).Many enactments were in force in various States of the Country before the Wakf Act, 1954 being Act No. 29 of 1954 was passed on 21st of May, 1954.7. Many amendments were made in … or the other reasons stated therein as also because the mathadhipathi has been suspended pending an inquiry under Section 46. Its provisions do not take away the right of administration from the bands of a religious denomination altogether

Puthanpalli Jaram Vs. the Kerala Wakf Board Represented by Its Secreta ...

Court : Kerala

Subject : Family

Acts : Wakf Act, 1954 - Sections 3 and 46; Wakf Kerala (Amendment) Act, 1972

Reported in : AIR1993Ker224

3 of the Act. Section 2 of the Amendment Act reads as follows: 'In Section 3 of the Wakf Act, 1954 (Central Act 29 of 1954) hereinafter referred to as the Principal Act, in Clause (g) - (a) in … the Bhandaram kept at the Jaram and the income so derived from this source is very large. 2. Section 46 of the Wakf Act provides that the Mutawalli of every wakf, the net annual income of which is

Syed Fazal Pookoya Thangal Vs. Union of India (Uoi) and ors.

Court : Kerala

Subject : FamilyCivil

Acts : Muslim Women (Protection of Rights on Divorce) Act, 1986 - Sections 4(2), 46 and 47; Constitution of India - Articles 25, 26 and 226; Wakf Act, 1954 - Sections 4(1), 9 and 48(3)

Reported in : AIR1993Ker308; II(1993)DMC285

Sub-section (1), the Magistrate may, by order, direct the State Wakf Board established under Section 9 of the Wakf Act, 1954 (29 of 1954), or under any other law for the time being in force in a State, functioning … agreed, has not come into force. Chapter VI of the Act provides for the Finance of the Board. Section 46 requires the Muthavally of every Wakf to pay annually to the Board such contribution not exceeding 6% of

Haji S.P.E.S. Mohamed Aboobacker Vs. the Tamil Nadu Wakf Board, Madras ...

Court : Chennai

Subject : Trusts and Societies

Acts : Constitution of India - Article 226(3); Wakf Act, 1954 - Sections 15(1), 15(2) and 43(1)

Reported in : AIR1978Mad33

of the powers conferred on them under Section 15(1) read with Sub-section (2) (c) and (o) of the Wakf Act, 1954. directed that the administration of the wakf would be taken over by the Wakf Board for a period … (e) has failed to pay, without reasonable excuse, for two consecutive years, the contribution payable by him under Section 46.(2) Where a Committee is appointed by the Board to act as a mutavalli for managing or administering any

Tehsildar (Sales), Gurgaon and Another Vs. Roshan Lal and Others

Court : Punjab and Haryana

Subject : Land Acquisition

Reported in : 2012AIR(PandH)42

consideration that there is a notification in favour of the Punjab Wakf Board under Section 52 of the Wakf Act, 1954. The Hon'ble Supreme Court while considering the provisions of Section 46 of the 1950 Act and Section 27

G.M.A. Bhaimia, Muthavalli wakf Estate A.M. Bhaimia and ors. Vs. the M ...

Court : Chennai

Subject : Trusts and Societies

Reported in : (1968)1MLJ410

safeguard the interest of the Wakfs and their properties, and that in accordance with Section 46 of the Wakf Act, 1954, every MutaWalli should pay annually to the Board such contribution not exceeding six per cent, of the net