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M. Govinda Rao and ors. Vs. A.P. State Wakf Board and ors.

Court : Andhra Pradesh

Subject : Trusts and SocietiesProperty

Acts : Wakf Act, 1995 - Sections 3, 5, 5(2), 6(4), 7, 13(1), 32, 32(1), 32(2), 33, 34, 35(1), 35(4), 36(1), 37, 40(1), 40(2), 51, 51(1), 51(2), 51(3), 52, 52(1), 52(2), 53, 54, 55, 56, 56(1), 56(2), 61(1), 63, 83(1), 96, 97 and 99(2); Andhra Pradesh Wakf Rules - Rules 9, 12, 12(1) and 12(2); Andhra Pradesh (Andhra Area) Tenancy Act - Sections 15, 15(3) and 18; Limitation Act - Sections 107; Inams Act; Constitution of India - Article 226; Muslim Law

Reported in : 2008(2)ALD188; 2008(2)ALT429

himself to. Union of India v. Kuldeep Singh 2004(1) A.L.D. (Crl.) 324 (S.C.) : 2004(2) S.C.C. 590.23. The wakf Act 1995, has been enacted by Parliament to provide for the better administration of wakfs and for matters connected therewith … though Wakf lands could be sold only by way of public auction after following the procedure prescribed under Section 51 of the Wakf Act. Petitioner would contend that the impugned G.O. was not only malicious, as it … District who is required to take necessary steps for such recovery. Section 35(1) empowers the Chief Executive Officer of the Board to apply to the

Darul Huda Masjid Mahallu vs Kunhalan Haji

Court : Kerala

to appreciate the contentions of the parties, itwill be useful to extract the statutory provisions contained in the Wakf Act, 1995 as they stood prior to the amendments made in the year 2013. The suits in these revisions are … encroachment. It is contended that such a suit is not maintainable before the Wakf Tribunal. He contends that Section 54 of the Wakf Act confers jurisdiction on the Chief Executive Officer (hereinafter refered to as CEO) of … 8 TO 13, 15 TO 19, 21 TO 30 & 32 TO 35 BEFORE THE WAQF TRIBUNAL: 1 KUNHALAN HAJI S/O. MANAMKANDATH MOIDUNNI HAJI, AGRICULTURIST,KOTHUR

Darul Huda Masjid Mahallu Committee vs Kokkur Juma Masjid Committee

Court : Kerala

to appreciate the contentions of the parties, itwill be useful to extract the statutory provisions contained in the Wakf Act, 1995 as they stood prior to the amendments made in the year 2013. The suits in these revisions are … encroachment. It is contended that such a suit is not maintainable before the Wakf Tribunal. He contends that Section 54 of the Wakf Act confers jurisdiction on the Chief Executive Officer (hereinafter refered to as CEO) of … 8 TO 13, 15 TO 19, 21 TO 30 & 32 TO 35 BEFORE THE WAQF TRIBUNAL: 1 KUNHALAN HAJI S/O. MANAMKANDATH MOIDUNNI HAJI, AGRICULTURIST,KOTHUR

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 … by the Tribunal.” 27 30. The ultimate conclusion by this Court has been recorded in paragraphs 34 and 35 which are as follows: “34. The crucial question that shall have to be answered in every case where

Mohmmod and Another Vs. Osman Khan and Others

Court : Mumbai Aurangabad

Subject : Land Acquisition

from them. In this regard, attention of this Court was drawn to the provisions of Wakf Act, 1954 (section 35- F) and Wakf Act, 1995 ( Section 56). These provisions show that Mutawali could not have given lease … contended that there was lease made in favour of the defendants but in view of the provisions of Wakf Act, 1995, the lease cannot be recognized and in view of the provisions of the Wakf Act, possession has become

Chintala Uday Shankar and ors. Vs. Subedar Saheb Choultry, Trust Board ...

Court : Andhra Pradesh

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

Amthul Azeez Fathima and Another Vs. Nawab Fazeelathunnissa Begum Sahi ...

Court : Chennai

Subject : Land Acquisition

Consequently the connected miscellaneous petition is closed. Code of Civil Procedure, 1908 Order 39 Rules 1 and 2 Wakf Act, 1995 Section 56 Grant of Injunction Petitioner-Plaintiff filed application under Order 39 Rules 1 and 2 of CPC praying for … the suit property, namely a land measuring 480 sq.ft. bearing Plot No.7/A3, Door No.422/1, Anna Salai, Chennai - 35 within specified boundary, by virtue of a registered lease deed dated 04.12.1997 registered on the file of Sub

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 … 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 … 2012) CIVIL APPEAL NOS. 7862 - 7871 OF2022(Arising out of SLP(C) Nos. 35764-35773 of 2012) CIVIL APPEAL NOS. 7855 - 7861 OF2022(Arising out of SLP(C)

V.Nedumaran vs the Tamilnadu Waqf Board

Court : Chennai

Suit was filed by the Plaintiff only in the year 2000 which is time barred. As per the Wakf Act, 1995, the Tribunal shall not entertain any Suit after lapse of one year from the date of publication. The … after the disposal of the SLP, the first respondent filed the present application on 05.10.2010.14. Further, as per Section 35 of the Stamp Act, an instrument shallbe inadmissible in evidence, if the same is not duly stamped. The

Puthiyapura Sheik Koya Thangal and Another Vs. P.P. Koyammakoya and Ot ...

Court : Kerala

Subject : Land Acquisition

Gazette dated 1-11-1988 after conducting proper enquiries . The said list was published under Sec. 5 of the Wakf Act, 1995. In that notification the Mohiyudeen Palli is stated as belonging to the people of Androth Island and the … it was held that the Gazeteer of the Bombay Presidency Volume III published in 1879 is admissible under Section 35 read with Sec. 81 of the Evidence Act, 1872. The Gazetteer is admissible being official record evidencing public