Advanced Search Results

A.M. Shamsudeen Vs. A.M. Mohamed Salihu and ors.

Court : Chennai

Subject : Trusts and Societies

Acts : Code of Civil Procedure (CPC) - Sections 2(2), 92, 104, 105, 115 and 144 - Order 1, Rule 10 - Order 23, Rule 1(3) - Order 43, Rule 1 - Order 45, Rule 1; Constitution of India - Articles 32, 226 and 227; Madras Prohibition Act - Sections 4-A; Wakf Act, 1995

Reported in : (2003)2MLJ526

wakf property. There is also a plea that the civil Court has no jurisdiction after the enactment of Wakf Act, 1995. The written statement was filed before the Court on 4.2.2002 and on 20.2.2002, an application was filed under … an appealable order under section 104 C.P.C. or anyone of the orders under Order 43 Rule 1 CPC. Section 105 CPC expressly provides that no appeal shall lie from any order made by the court in the exercise

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

Subject : Land Acquisition

facts leading up to the litigation need to be referred to at the very beginning. The Parliament enacted Wakf Act, 1995, (hereinafter referred to for the purpose of brevity as, ‘the Act’). By order dated 01.12.1997, the Government of … 042, dated the 20th October 2010 NOTIFICATION WAKF ACT, 1995 No.Wakf-2009/ C.R. 105/Desk-4. Whereas the Government of Maharashtra vide Government Notification, Revenue and Forests Department … of State of Maharashtra (hereinafter referred to as the State’) appointed a Survey Commissioner purporting to act under Section 4 of the Act. A Wakf Tribunal was constituted at Aurangabad by order dated 30.10.2000. On 04.01.2002, the

Mohammed Asif Vs. State by Additional Superintendent of Police Cb, Cid ...

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 197, 239 and 397; Prevention of Corruption Act, 1988 -- Sections 19; Constitution of India -- Articles 105, 134, 141 and 356; Indian Penal Code (IPC), 1860 -- 21, 120-B, 409, 467 and 477-A; Prevention of Corruption Act, 1989 -- Sections 7, 10, 11, 13, 13(1) and 15; Criminal Procedure (Amendment) Act, 1993; Wakf Act, 1995 -- Sections 20; General Clauses Act, 1897 -- Sections 3(60)

Reported in : 1999(2)ALD(Cri)743; 1999(3)CTC25

accorded the sanction. The Learned Counsel also Submitted that as per the provision of Section 20 of the Wakf Act. 1995, the petitioner was not removeable by the Government of Tamil Nadu except the three grounds mentioned in Section … the points decided by the Supreme Court were: (i) Whether the M.P.s and M.L.As. had immunity under Article 105 of the Constitution? (ii) Whether the M.L.As. and M.Ps. are public servants under the Prevention of corruption Act

Akash Jain. Vs. Jama Masjid Committee.

Court : Madhya Pradesh Jabalpur

Subject : Property

Acts : Wakf Act, 1995 - Section 83(9) ; M.P. Accommodation Control Act, 1961 - Section 13(6) ; Transfer of Property Act, 1882 - Section 114 ;

1. The applicant/defendant has directed this revision under section 83(9) of the Wakf Act, 1995 being aggrieved by the order dated 26.6.2010 passed by the M.P. State Wakf Tribunal, Bhopal in Case No. … transaction of the disputed premises between the respondent and the applicant shall be governed with the provision of section 105 to 117 enacted to govern the lease of immovable property in Chapter V of the Transfer of property

Punjab Wakf Board Vs. Sham Singh Harike

Court : Supreme Court of India

Subject : Land Acquisition

land which was Wakf property, the suit clearly lay before the Wakf Tribunal as per Section 83 of Wakf Act, 1995.11. He submits that Wakf Tribunal was conferred jurisdiction of entertaining every dispute pertaining to Wakf in the Wakf … measuring 269 kanals 7 marlas, comprising in khewat No.462, khatauni Nos.589, 593, 599 and 596 in khasra Nos.103, 105, 102 min, 104, 106, of village Birmi, Tehsil and District Ludhiana. The appellant had let out the above-mentioned

Ramankutty vs Narul Hudha Yathim Khana

Court : Kerala

9raised a contention that since the property is a wakfs property as per section 85 of the Wakfs Act, 1995, the jurisdiction of the civil court is barred to entertain matters relating to wakf property. The 3 rd … exercised by a civil court under the Code of Civil Procedure and as per Section 83(1) of the Wakf Act, the Wakf Tribunal is having jurisdiction to decide any dispute or question or other matter (i) relating to … xxxxxxxx xxxxxx xxxxxx (omitted by repetition)8. In this context, reference to the relevant provisions dealingwith lease is apposite. Section 105 of the Transfer of Property Act, 1882 provides that on getting lease of an immovable property, the person

S.A. Wali Quadri Vs. Sadar Anjuman-e-islamia

Court : Andhra Pradesh

Subject : Tenancy

Acts : Transfer of Property Act, 1882 - Sections 2, 105 to 117, 106, 111 and 129; Wakf Act, 1995

Reported in : 2000(3)ALD370

heard in defence? 4. Whether the suit as framed and filed by the respondent is maintainable under the Wakf Act? 8. The following facts would emerge from out of the record: Late S.A. Khayum was the tenant of … dated 25-2-1999 passed by they learned V Additional Chief Judge, City Civil Court, Hyderabad, in AS No.21 of 1995 preferred against the same.2. The unsuccessful defendant throughout is the appellant. The suit schedule property is a house … any Rule of Mohammedan Law. The provisions pertaining to leases from Sections 105 - 117 incorporated in Chapter-V of the said Act have not been … assailed in this judgment. A tenancy can be determined in accordance with Section 111 of the Transfer of Property Act. According to clauses (0 and

State Of A.p. Vs. A.p.state Wakf Board .

Court : Supreme Court of India

Subject : Land Acquisition

the Wakf Board had the powers to summon the report concerning Manikonda Village from the Survey Commissioner under Section 105 of the 1995 Act. It was also submitted that the Wakf Board has the power to issue the … after abolition, of Jagirs?. II. Whether the errata notification dated 06.04.2006 is, ultra vires the provisions of the Wakf Act, 1995?. III. Whether the writ petitions challenging the errata notifications, are maintainable and whether they are barred in view

Rahmathullah Shuthari Alias Peer Hazzrath Vs. the Muslim Jamath of Eac ...

Court : Chennai

Subject : Property

Reported in : (1998)1MLJ591

the property and taken immediate action. They also wanted proceedings to be taken under Section 44 of the Wakf Act. They moved a separate application also for that purpose. They also wanted a Committee to be set up … appeal is by one of the legal representatives to the second defendant, i.e., 6th defendant in O.S. No. 1057 of 1976, on the file of District Munsif's Court, Tiruchirappalli.2. The suit was filed for the following reliefs:'(a)

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

Court : Chennai

Subject : Civil

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

8 to 14 as trustees. The said order was on the basis that after the advent of the Wakf Act, 1995 (for brevity, Act 43 of 1995), the power of appointment of mutawalli and administration of the wakf transfers … 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 … judgment in Syed Thajuddin v. Syed Mohideen and others, [2011] 2 MLJ 105 relates to the claim of a person belonging to one of the