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

Court : Karnataka

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on 6.9.2000 the Wakf Act of 1954 was repealed.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. … paramount legislation itself recognizes a restriction being introduced by another Law, the question of repugnancy does not arise. Section 16 of Karnataka Public Premises (Eviction of unauthorised occupants) Act takes away the jurisdiction of the civil courts to

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

Court : Andhra Pradesh

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

Abdul Kadar @ Babbu S/O Ismail Vs. Masjid Juma Darwaja a Registered Pu ...

Court : Mumbai

Subject : TenancyTrusts and Societies

Acts : Maharashtra Rent Control Act, 1999 - Sections 15 and 16; Indian Trust Act - Sections 46, 47 and 48; Wakf Act, 1995 - Sections 2, 6, 6(1), 6(5), 7, 7(1), 7(5), 83, 83(1) and 85; Bombay Public Trust Act, 1950; Assam Urban Areas Rent Control Act; Assam Rent Control Act; Constitution of India - Articles 226 and 227

Reported in : 2009(1)BomCR498; 2009(111)BomLR552; 2009(2)MhLj454

of the Indian Trust Act. He further states that in view of provisions of Section 85 of the Wakf Act, 1995, the jurisdiction of any Civil Court including Small Causes Court in respect of any dispute in relation to … in December 2004 for recovery of arrears of rent, mesne profit and for possession under Sections 15 and 16(d)(i) of Maharashtra Rent Control Act, 1999, before Second Additional Judge, Small Causes Court, Nagpur, and the same came

H. Abdul Rasheed Vs. Madrasa-e-arabia by Its Secretary

Court : Karnataka

Subject : Tenancy

Acts : Karnataka Rent Control Act, 1961 - Sections 21(1); Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 - Sections 2, 7(1), 7(2), 10(5), 13(1), 16 and 21(2); Karnataka Public Premises (Eviction of Unauthorized Occupants) (Amendment) Act, 1999; Wakf Act, 1995; Karnataka Public Premises (Eviction of Unauthorized Occupants) (Amendment) Act, 1981; General Clauses Act, 1987 - Sections 6; West Bengal Premises Tenancy Act, 1956; Code of Civil Procedure (CPC) - Sections 100 - Order 6, Rule 17 - Order 41, Rules 27 and 33

Reported in : 2009(6)KarLJ43:2009(3)AIRKarR140:AIR2009N0C2181.

proceeding in respect of eviction or any other matters stated therein. He referred to the provision of the Wakf Act, 1995 and also the provision of the Act and contended that, First Appellate Court has seriously erred in not … a public premises, falling within the purview of the Act and in view of the bar contained in Section 16 of the Act, no Court shall have jurisdiction to entertain suit or proceeding in respect of eviction or

Shaikh Yusuf Bhai Chawala and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Subject : Trusts

Acts : Bombay Public Trust Act. ; Wakf Act 1995 - Section 43, 4(1), 14(3) (6), 13 (1) (2), 106, 5(2), 99.

are claimed by the Petitioners in these three petitions in following factual background: . The Parliament enacted the Wakf Act, 1995 (hereinafter referred to as "the Act"). The said Act came into force on 1st January, 1996. On 1st … issued by the Charity Commissioner of State of Maharashtra stating therein that in view of the provisions of Section 43 of the Wakf Act, the Wakfs which are registered as Public Trusts would cease to be governed … created by a Scheme settled by this court by its order dated 16-6-1931 in Suit No. 1560 of 1927. The said Trust is also registered

Syed Ameen, S/O.Mohiuddin,r/O.Thangadapa Vs. Andhra Pradesh State Wakf ...

Court : Andhra Pradesh

Subject : Land Acquisition

Muthawalli or their legal representatives would have no recognition under Law in view of Section 51 of the Wakf Act, 1995 corresponding to Section 36 -A of the Wakf Act, 1954. It further held that the decision in OS.No.43 … plaintiff is the owner and possessor of the suit land by virtue of the registered Gift deed dated 16-10-1984 executed by defendant No.4 ?.2. Whether the plaintiff is entitled to be decreed as owner and possessor of

Shaikh Yusuf Bhai Chawala Vs. State of Maharashtra

Court : Mumbai

Subject : Land Acquisition

are claimed by the Petitioners in these three petitions in following factual background: . The Parliament enacted the Wakf Act, 1995 (hereinafter referred to as "the Act"). The said Act came into force on 1st January, 1996. On 1st … issued by the Charity Commissioner of State of Maharashtra stating therein that in view of the provisions of Section 43 of the Wakf Act, the Wakfs which are registered as Public Trusts would cease to be governed … created by a Scheme settled by this court by its order dated 16-6-1931 in Suit No. 1560 of 1927. The said Trust is also registered

Managing Committee, Masjid-e-ibrahimia Rep. by Secretary, A.M. Yousuf ...

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Limitation Act, 1963 - Sections 107 - Article 136; Wakf Act, 1995 - Sections 1(3), 6(1), 5(2), 107; Bombay Agricultural Debtors Relek Act, 1947 - Sections 2(1), 8(4), 38(3), 31, 34, 46 and 51-A

Reported in : AIR2006AP330; 2006(4)ALD769; 2006(4)ALT736

a decree of injunction, as 12 years, but in view of the provisions of Section 107 of the Wakf Act, 1995 (hereinafter referred to as the 'Wakf Act'), which barred the application of the provisions of the Limitation Act, … file of the Additional Chief Judge-cum-Special Judge for SPE Cases, City Civil Court, Hyderabad who, vide judgment dated 16-06-1978, allowed the appeal, set aside the judgment passed by the trial Court and decreed the suit as prayed

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

Court : Chennai

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 … affidavit filed in support of the writ petition. The said counsel was also not made as a party. 16.The petitioner's further effort to challenge the sale of property by a civil suit was also withdrawn by him,

K.M. Safiullah Vs. A.P. State Wakf Board and ors.

Court : Andhra Pradesh

Subject : Civil

Acts : Wakf Act, 1995 - Sections 64(1), 64(5), 70 and 71; Wakf Rules, 2000 - Rule 24; Constitution of India - Article 226

Reported in : 2003(2)ALD440; 2003(2)ALT253

upon him to show cause as to why action should not be taken under Section 64(5) of the Wakf Act, 1995.2. The petitioner is a permanent Mutawalli of Jamia Mosque. He was appointed on 30-5-1984. He claims to have … case the findings may as well go against the citizens and deprive them of other remedies under law. 16. In view of the submission made by the learned Additional Advocate General that the impugned notice is only