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Oct 30 2009

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Decided on : Oct-30-2009

Subject : CivilElection

Acts : Wakf Act, 1995 - Sections 3, 3(1), 5(1), 10, 13, 13(2), 14, 14(1), 15, 16, 23, 25, 26, 32, 32(1), 32(4), 32(5), 50 to 53, 64, 65 and 109; Wakf Act, 1954 - Sections 6; Wakf (Amendment) Act, 1984 - Sections 10, 66G and 66H; Wakf (Amendment) Act, 1959; Wakf (Amendment) Act, 1964; Wakf (Amendment) Act, 1969; Mussalman Wakf Validating Act, 1913; Mussalman Wakf Validating Act, 1930; Religious Endowments Act, 1863; Shariath Application Act, 1937; Shri Jagannath Temple Act, 1954 - Sections 28B and 28C(9); Dargah Khawaja Saheb Act, 1955; Wakf Act, 1913; Official Trustees Act, 1913; Charitable Endowments Act, 1890; Madras Hindu Religious and Endowments Act, 1927; Madras Hindu Religious and Endowments Act, 1951; Indian Trusts Act, 1882; Bengal Wakf Act, 1934; Andhra Pradesh Charitabl

Reported in : 2010(1)ALT112

Matched in: Advocate K. Prathap Reddy, Sr. Counsel for P. Vijaya Bhaskar Reddy, Adv. Additional Adv. General, ;Standing Counsel for Wakf Board and ;Additional Solicitor General of India for UOI

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Feb 26 2008

ibrahimsab S/O Hussainsab @ Hassansab Tharthari, Chairman Chingisha Da ...

Court : Karnataka

Decided on : Feb-26-2008

Subject : Family

Acts : Code of Civil Procedure (CPC) - Sections 151 - Order 41, Rule 10; Wakf Act, 1995 - Sections 63, 64, 69, 69(1), 83 and 95; Indian Limitation Act - Sections 5

I and II i.e. an application filed under Order 41 Rule 10 read with Section 83 of the Wakf Act 1995 for staying the operation of the order dated 21.6 1997 bearing No. LCC 2/1988 by the Law Committee

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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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Jan 20 2010

G. Khader Sahib Vs. the Principal District Munsif (The Rent Controller ...

Court : Chennai

Decided on : Jan-20-2010

Subject : PropertyTenancy

Acts : Wakf Act, 1995 - Sections 10, 14 to 16, 51, 83 and 85; ;Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 - Section 2(6); ;Code of Civil Procedure (CPC) (Amendment) Act, 1999; ;Rent Control Act - Section 10(1); ;Code of Civil Procedure (CPC) - Section 115; ;Constitution of India - Articles 226 and 227

a document. Such registration of the sale of a Wakf property was contrary to Section 51 of the Wakf Act, 1995. No objection certificate was never obtained from the Wakf Board as required under law.4.The second and third respondents … control proceedings. If he had a case, he could have successfully resisted his eviction. The second proviso to Section 10(1) of the Rent Control Act will be available only when the tenant denies title of the landlord. In

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Aug 02 2005

Bihar State Sunni Wakf Board, Through Its Secretary Vs. Sheikh Mohamma ...

Court : Patna

Decided on : Aug-02-2005

Subject : Civil

Acts : Bihar Building (Lease, Rent and Eviction) Control Act, 1982 - Sections 32; Wakf Act, 1995 - Sections 90 and 92; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 1, Rule 10(2)

the Act would not apply in case of Wakf or Trust or Government properties.9. Section 90 of the Wakf Act, 1995 provides that in every suit or proceeding relating to a title to or possession of a Wakf property … suit by which the learned Additional Second Munsif, Patna, rejected its petition dated 1.9.2004 under Order 1 Rule 10(2) and Section 151, CPC for impleading the petitioner as intervenor-defendant No. 2 in the said suit.4. Learned counsel

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Aug 01 2008

T. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.

Court : Supreme Court of India

Decided on : Aug-01-2008

Subject : LimitationProperty

Acts : Limitation Act, 1908 - Schedule - Articles 134, 134A, 134B, 142 and 144; Limitation Act, 1963 - Sections 3, 10, 27, 28, 31, 52A and 107 - Articles 64, 65, 94 and 96; Wakf Act, 1995 - Sections 2, 83, 85, 107, 112, 112(1), 112(2) and 112(3); General Clauses Act, 1897 - Sections 6; ;Tamil Nadu Wakf (Amendment) Act, 1982 - Sections 59A and 59B; Wakf Act, 1954 - Sections 59A, 59B and 66G; Wakf (Amendment) Act, 1984; Public Property (Extension of the Limitation) Act, 1959; Public Works (Extension of Limitation) Act; Administration of Evacuee property Act, 1950 - Sections 58 and 58(3)

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

High Court, namely, Second Appeal Nos. 972/86, 973/86, and 1242/86. During the pendency of these second appeals, the Wakf Act, 1995 (in short, 'Wakf Act') came into force with effect from 1st of January, 1996. Section 107 of the … by the persons who were holding them in trust and, therefore, on its understanding of the scope of Section 10 of the Limitation Act, 1963 held that the alienations did not meet the legal requirements for a plea

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Dec 07 2005

Waheed BIn Mohammed Vs. Niazunnisa Begum

Court : Andhra Pradesh

Decided on : Dec-07-2005

Subject : CivilTenancy

Acts : Code of Civil Procedure (CPC) - Order 7, Rule 10; Wakf Act, 1954; Wakf (Amendment) Act, 1995 - Sections 6, 83 and 85

Reported in : 2006(3)ALD488; 2006(4)ALT753

the Wakf Board, the Civil Court has no jurisdiction except the Tribunal constituted under Section 83 of the Wakf Act, 1995 (for short 'the Act'). It is further alleged that the plaintiff herself is a tenant of the demised … 2002 continuously committed default in paying the rents; and that the defendant filed a suit in O.S. No. 102 of 2003 against the plaintiff with false allegations and obtained a temporary injunction so as to remain in

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Dec 10 2007

Tamil Nadu Wakf Board Rep. by Its Secretary Vs. Hakkim M. Mohamed Moid ...

Court : Chennai

Decided on : Dec-10-2007

Subject : Trusts and SocietiesProperty

Acts : Wakf Act, 1954 - Sections 4(1), 4(3), 5, 5(1), 5(2), 6, 6(1), 6(4), 25 and 25(7); Right of Information Act; Wakf Act, 1995 - Sections 36; Inams Act; Muslim Law

Reported in : (2008)1MLJ833

appeal are two; first, whether a Commissioner of Wakfs appointed under Sub-section (1) of Section 4 of the Wakf Act, 1995, has the jurisdiction under Sub-section (3) of Section 4 to enquire whether a certain property is wakf property … to the first plaintiff. According to the 1st plaintiff, his father had executed a deed of Wakf dated 10.12.1936 for the purpose of constructing a Madarassa. According to him, the Madarassa was not constructed during his father's

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May 28 2003

Darga Hazarat Ataulla Shah and Nabhi Shah (Bada Makhan) Vs. the Karnat ...

Court : Karnataka

Decided on : May-28-2003

Subject : Property

Acts : Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 - Sections 2, 5, 10 and 10(1); Wakf Act, 1995 - Sections 83 and 85; Code of Civil Procedure (CPC) , 1908 - Sections 9

Reported in : 2003(4)KarLJ274

ORDERD.V. Shylendra Kumar, J.1. The petitioner is a Wakf Institution registered under the provisions of Wakf Act, 1954, and is being administered by its Administrator. It functions under the provisions of Wakf Act and supervision … of Unauthorised Occupants) Act, 1974 as also the provisions of Wakf Act, 1995.9. In the circumstances, this writ petition is allowed. The order at Annexure-E … at Annexure-A).3. In respect of such an order, the person aggrieved is entitled to prefer an appeal under Section 10(1) of the Act and the appeal lies to the District Judge having jurisdiction over the area.4. The second

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Feb 19 2004

Raju Narayanappa Othare and anr. Vs. the Registrar (General) High Cour ...

Court : Karnataka

Decided on : Feb-19-2004

Subject : Trusts and Societies

Acts : Wake Act, 1954 - Sections 6(1); Code of Civil Procedure (CPC) - Sections 24; Wake Act, 1955 - Sections 7(5)

Reported in : ILR2004KAR1454; 2004(4)KarLJ28

of the Civil Judge as being passed without a proper understanding of provisions of Section 7(5) of the Wakf Act, 1995, and have sought for other issuance of a Writ of Mandamus to direct the learned Civil Judge (Jr.Dn.) … ORDERH. Rangavittalachar, J.1. The petitioners claims to be the owners of the property bearing CTS No. 1014 situate at Ward No. 3, Janatha Bazaar, Hubli, wherein a temple of Changadeva Maharaja exists. When the petitioners

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