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Aug 05 2009

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

Court : Patna

Decided on : Aug-05-2009

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

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Mar 25 2013

M.H.Jawahirullah Vs. Government of Tamil Nadu

Court : Chennai

Decided on : Mar-25-2013

Subject : Land Acquisition

the Wakf Act of 1995 and further direct the 1st respondent to strictly follow the provisions of the Wakf Act, 1995 in constituting the Wakf Board. Writ Petition in W.P.No.27590 of 2012 is filed under Article 226 of the … and direct the first respondent to constitute a Wakf Board on following the due procedure set out in Section 14 of the Wakf Act, 1995. Writ Petition in W.P.No.33785 of 2012 is filed under Article 226 of … 10th respondent has preferred a revision petition in the High Court in C.R.P.No.1329 of 2004. Alleging that the nomination of 10th respondent Ghulam Mohammed Mehdi

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Mar 05 2014

Babu (Deceased and Represented by His Lrs.) Vs. Khudial Qayum and Anot ...

Court : Allahabad

Decided on : Mar-05-2014

Subject : Land Acquisition

evidence to satisfy requirement of adverse possession? V. Whether this appeal has rendered barred by Section 85 of Wakf Act, 1995? 19. It would be desirable to set out brief facts so as to understand dispute between the parties … of law. 4. In view of express provision, appeal, as available on record, is not in accordance with Section 100 C.P.C. and hence not maintainable. 5. Under Section 100 of Code, a second appeal can be entertained by

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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 … 1986. Subsequent to the dismissal of the second appeals, by an order dated 24th of April, 2000, two C.M.P. Nos. 3200 and 3201 of 2000 filed in S.A. Nos. 972 and 973 of 1996 were also rejected.2.

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Aug 19 2004

Sayed Muhammed Mashur Kunhi Koya Thangal Vs. Badagara Jumayath Palli D ...

Court : Supreme Court of India

Decided on : Aug-19-2004

Subject : PropertyCivil

Reported in : AIR2004SC4365; 2004(4)AWC2893(SC); JT2004(6)SC556; (2005)1MLJ194(SC); 2004(7)SCALE53; (2004)7SCC708

Whether this court is competent to decide the question of Wakf in view of Section 85 of the Wakf Act, 1995?2. Whether the right of Mutawalli is transferable?3. Was the court below correct in holding that the plaintiff was … parties on notice; such a course adopted by the High Court was contrary to the mandatory requirement of Section 100 of Civil Procedure Code. The reversal of the judgment of the first appellate court on a question of

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Feb 09 2011

itc Limited Corporate Head Quarters, and ors. Vs. Union of India by It ...

Court : Karnataka

Decided on : Feb-09-2011

Subject : Tenancy

Acts : Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 - Sections 2(e)(v), 4(1), 2(c)(v), 2(g), 2(e), 16 ; Wakf Act, 1995 - Sections 5(2), 32(2)(j), 51, 52, 54, 13(vi)(b), 112, 15,

on 6.9.2000 the Wakf Act of 1954 was repealed. Further there is no corresponding provision under the present Wakf Act 1995 and The resolution passed by the Wakf Board is not revived and consequently the entire proceedings before the … the charities and charitable institutions, charitable and religious endowments and religious institutions. The Central Government enacted the Wakfs Act. 1995. Section 51 of tin Wakfs Act specifics die alienation/transfer of Wakf property without sanction of Wakf Board as void.

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Mar 13 2007

Mohamed Musa Sait Wakf, a Wakf - Ul - Aulad, Represented by Its Muthaw ...

Court : Karnataka

Decided on : Mar-13-2007

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 85; Karnataka Small Causes Court Act, 1964 - Sections 18; Wakf Act, 1985 - Sections 85

Reported in : 2008(1)KarLJ507; 2007(6)AIRKarR463; 2008(2)ICC366

argued that when the petitioner-plaintiff filed a suit the respondents-defendants filed a memo under Section 85 of the Wakf Act, 1995 to the effect that the Small Cause Court has no jurisdiction to entertain the suit for ejectment. Therefore,

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Dec 22 2006

NitIn Punja S/O Dr. N.V. Punja Vs. Deputy Commissioner and ors.

Court : Karnataka

Decided on : Dec-22-2006

Subject : PropertyTrusts and Societies

Acts : Wakf's Act, 1995 - Sections 13(3) and 50

Reported in : ILR2007KAR597; 2007(2)KCCR873; 2007(3)AIRKarR97

4 the properties are a part of the Wakf property belonging to Wakf institution duly notified under the Wakf Act 1995. If that is so, then what is the locus standi of respondent No. 4 to either object to … order dated 1.10.99 Annexure 'F' transferring the khata.) Though learned Counsel for the 4th respondent points out to Section 50 of the Wakf's Act 1995 to contend that Respondent No. 4 being appointed as Mutawalli was competent

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Aug 26 2014

The Dargah Hazarat Khaja Bandanawaz (Rh) Vs. The State of Karnataka

Court : Karnataka Kalaburagi

Decided on : Aug-26-2014

Subject : Land Acquisition

the relevant provision, which govern the right of Mutawalli to file the suit under Section 6 of the Wakf Act, 1995 (‘the Act’ for short) is not looked into. It is further contended that Section 50 of the Act,

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Oct 08 2002

M.S. Abdul Hameed Vs. S.M. Sheik Mohammed,

Court : Chennai

Decided on : Oct-08-2002

Subject : Civil

Acts : Constitution of India - Article 227

Reported in : AIR2003Mad179; (2003)1MLJ216

been filed in Wakf O.P. No. 22/2000 by the defendants 1 to 5 under Section 83(5) of the Wakf Act 1995 read with Order 7 Rule 11 C.P.C. for want of statutory notice under section 89 of the Wakf … defendants 1 to 5 under Section 83(5) of the Wakf Act 1995 read with Order 7 Rule 11 C.P.C. for want of statutory notice under section 89 of the Wakf Act thereby praying to reject the Wakf

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