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Magnum Developers and Others Vs. Lal Shah Baba Dargah Trust and Anothe ...

Court : Mumbai

Subject : Land Acquisition

Government to the Central Waqf Council. 30. In view of the above, it was proposed to amend the Wakf Act, 1995 to provide, among others, (vii) for constituting the Tribunals, for the determination of all disputes, questions and other … Act was in force on the day on which such things were done or action was taken. 38. Section 113 deals with power to remove difficulties and reads thus: â113. Power to remove difficulties.- (1) If any difficulty

Yashpal Lala Shiv NaraIn Vs. Allatala Tala Malik Waqf Ajakhan Mus

Court : Allahabad

Subject : Property

Acts : Rent Act - Sections 2; Transfer of Property Act - Sections 105, 106, 107, 108, 108(1), 111, 112, 113, 114 and 114A; Provincial Small Cause Courts Act - Sections 25; Waqf Act, 1995 - Sections 6, 7, 32, 33, 35, 40, 51, 52, 54, 64,67, 69, 83, 85, 90, 90(1) and 90(3); Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 15, Rule 5; Constitution of India - Articles 226 and 227

Reported in : AIR2006All115

Property is involved in the present case. Hence, the provisions of Section 85 or Section 90 of the Wakf Act, 1995 are not attracted to the present case.(6) Various decisions relied upon by the learned Counsel for the petitioner … date of notice, the respondent (plaintiff/ landlord) would be deemed to have waived the notice as contemplated under Section 113 of the Transfer of Property Act.It is submitted that the petitioner (defendant) received on 30 August, 1S96 the

Lal Shah Baba Dargah Trust Vs. Magnum Developers and Others

Court : Supreme Court of India

Subject : Land Acquisition

Act.22. The statement of objects and reasons for bringing Wakf (Amendment) Act, 2013 is quoted hereinbelow :- “The Wakf Act, 1995, [which repealed and replaced the Wakf (Amendment) Act, 1984]. came into force on the 1st day of January, … constituting a three member Tribunal as per the Amended Section 83(4) unless the Central Government intervenes as per Section 113 or the Act is suitably amended.7. Notwithstanding setting aside the impugned order, Clauses (2) and (3) of operative

Radhakrishna Rice Mill Company and ors. Vs. Jumma Maseedh by Its Mutha ...

Court : Andhra Pradesh

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

were passed when 1954 Act was in force. Even this doubt ceased to exist with the enactment of Wakf Act 1995 (for short '1995 Act'). Section 32 of 1995 Act correspondents to Section 15 of 1954 Act. Sub-section (1) … should be regulated in accordance with a Scheme, one Mr. Abdul Hakim Sahib and others filed OS No. 113/13, on the file of the Sub-Court, Bezawada (now Vijayawada), under Sections 92 and 93 of the Code of

Mohammad KhairuddIn S/O Mohd. HabibuddIn Vs. MoinuddIn S/O Pachulal Sh ...

Court : Mumbai

Subject : Trusts and Societies

Acts : Hyderabad Abolition of Inams and Cash Grants Act, 1954 - Sections 1(2), 2, 2(1) and 3; Hyderabad Tenancy and Agricultural Lands Act, 1950 - Sections 38E and 102A; Hyderabad Atiyat Inquiries Act, 1952 - Sections 3 and 5; Wakf Act, 1995 - Sections 6; Hyderabad Atiyat Inquiries Act, 1954 - Sections 5

Reported in : 2008(5)ALLMR21; (2008)110BOMLR2532

Manjlegaon and this is certified by the Tahsildar, Majalegaon.15. It is argued before this Court that under the Wakf Act, 1995, inquiry was held and the properties have been declared as wakf properties. Within one year after declaration in … of lands Survey No. 112 (corresponding Block No. 265) and Survey No. 113 (corresponding Block No. 264) of village Takli Bardapur, Taluka Latur and declaring … and the orders passed by both authorities are illegal and not based on the evidence on record. 4. Section 1(2)(ii) of the Abolition of Inams Act is as follows:1. Short title, extent and commencement:(1) ... (2) It

Janab Dr. HisamuddIn Papa Saheb, Janab Khadeer Ahmed Sahib, Janab Amee ...

Court : Chennai

Subject : Trusts and Societies

Acts : WAKF Act, 1995 - Sections 3, 3(3), 6, 7, 15, 32, 32(2), 54, 54(4), 50, 55, 57(1), 57(3), 59, 63, 64, 65, 66, 69, 83, 83(1), 83(2), 83(4), 83(5), 83(9), 84, 85, 90, 90(1), 90(2), 90(3), 92 and 93; WAKF Act, 1954 - Sections 15 and 69(1); WAKF (Amendment) Act, 1984 - Sections 32 and 32(1); Code of Civil Procedure (CPC) - Sections 92 and 93; Constitution of India - Article 226

Reported in : (2007)2MLJ1069

Matched in: Advocate R. Gandhi, S.C. for ;K.V. Sundararajan, Adv. S. Thiruvengadasamy, Adv. for WAKF Board, ;T.R. Rajagopalan, S.C. for ;M.L. Denis, Adv. for RR 1 and 4, ;V. Raghavachari, Adv. for R.3, ;M.S. Krishnan, Adv. for R.5, ;M.K. Hidayathullah, Adv. for RR 6

K.S.Sharfudeen Vs. 1.Union of India,

Court : Chennai

Subject : Land Acquisition

Writ of Declaration, declaring that the impugned provisions of Explanation II of Section 32(1) and 32(2)(g) of the Wakf Act, 1995 as unconstitutional, void and ultra vires. Prayer in Civil Revision Petitions (PD)(MD)Nos.2461, 2262, 2567, 2631 of 2012 and

State of Andhra Pradesh, Rep. by Its Principal Secretary to Government ...

Court : Andhra Pradesh

Subject : Civil

Acts : Wakf Act, 1995 - Sections 51, 83, 83(5), 83(6), 83(9) and 91; Land Acquisition Act, 1894; Code of Civil Procedure (CPC) (Code), 1908 - Sections 151 - Order 39, Rules 1 and 2; Andhra Pradesh Civil Practice Rules - Rules 60, 113(7) and 115

Reported in : 2008(5)ALT306

Matched in: Advocate G.P. for Revenue (G) (A and R) P. Veera Reddy, Adv. Respondent No. 1 and; M.A. Rafi, SC for Wakf Board for Respondent No. 2

Present : Mr. Ks Rekhi Advocate Vs. Punjab Wakf Board

Court : Punjab and Haryana

Subject : Land Acquisition

to Wakfs should be filed in the fiRs.instance before the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 and should not be entertained by the Civil Court or by the High Court straightaway under Article 226 … the subsequent judgment Board of Wakf, West Bengal v. Anis Fatma Begum & anr. 2011 AIR SC (Civil) 113 wherein it was observed in para 10 of the judgment as under : - “In our opinion, all

Madanuri Sri Rama Chandra Murthy Vs. Syed Jalal

Court : Supreme Court of India

Subject : Land Acquisition

is modified on the direction of the Civil Court.14. The provisions found in Sections 5 and 6 of Wakf Act 1995 and Act of 1954 are almost akin to each other. However the change brought in by the Parliament … upon by the plaintiff was published in Gazette as back as on 28.06.1962 as per the provisions of Section 5 of Wakf Act, 1954 (hereinafter, in short, called as 1954 Act) which is subsequently replaced by the … sought for. It is the case of plaintiff that Survey Nos.112 and 113 to an extent of 18 acres 88 cents situated at Pernamitta village