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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

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

Abdulrahim Afazalbhai Kadiawala Vs. Charity Commissioner

Court : Gujarat

Subject : Trusts and Societies

Acts : Bombay Public Trusts Act, 1950 - Sections 50 and 55; Wakf Act, 1923 - Sections 19; Wakf Act, 1995; Constitution of India

Reported in : (2001)GLR285

the modified form referred to hereinafter.It is also brought to the notice of the Court that under the Wakf Act, 1995, Wakf Board is appointed for the State of Gujarat, but the Wakf Board is dissolved and that action … for the parties and also by the learned Asst. Government Pleader and in view of the provisions of Section 55 of the Bombay Public Trusts Act, 1950 and the aforesaid decisions, it appears to the Court that since

Punjab Wakf Board Vs. Sham Singh Harike

Court : Supreme Court of India

Subject : Land Acquisition

jurisdiction of entertaining every dispute pertaining to Wakf in the Wakf Act, 1954. After the 1984 Amendment, under Section 55 of Act, 1954 for any dispute pertaining to Wakf property suit has to be 8 filed before the … 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

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 … in contravention of Section 51. Section 54 empowers the Chief Executive Officer to remove encroachments from wakf property. Section 55 relates to enforcement of orders made under Section 54 and Section 56 restricts the power of the Board

Nanda Seshikala and ors. Vs. A.P. State Wakf Board and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Wakfs Act, 1995 - Sections 54, 54(1), 55 and 83

Reported in : 2003(5)ALD796; 2003(5)ALT466

brief are that the 1st respondent issued the impugned notices to the petitioners under Section 54(1) of the Wakf Act, 1995 (for short 'the Act') on the ground that the petitioners unauthorisedly encroached into the land of Wakf property … land, under Section 54 of the Act were issued by the 1st respondent and the consequential proceedings under Section 55 of tile Act were issued for eviction. Challenging these proceedings, the petitioners who are the alleged encroachers filed

Syed Azmath Ali and ors. Vs. Andhra Pradesh State Wakf Board and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 32, 32(2), 54, 54(1), 54(3) and 55; Andhra Pradesh Land Encroachment Act, 1905 - Sections 4(3), 5(2), 6 and 7; Constitution of India - Article 226

Reported in : 2005(4)ALD550

of the writ petitioners cannot be disturbed unless and until the procedure contemplated by the provisions of the Wakf Act, 1995, hereinafter referred to as 'Act' for the purpose of convenience, are followed and on the contrary the Standing … or mortgagee by the Mutawalli of the wakf or by any other person authorized by him in this behalf.Section 55 of the Act dealing with Enforcement of orders made under Section 54 reads as hereunder :Where the person,

Wakf Imambara Imlipura Vs. Smt. Khursheeda Bi and ors.

Court : Madhya Pradesh

Subject : Civil

Reported in : AIR2009MP238; 2009(5)MPHT271

filed before the Tribunal. The Subhan Singh v. MP Wakf Board : AIR 1997 MP 8 (supra) considering Section 55 of Wakf Act, 1954 which is pari-materia to Section 83 of Wakf Act, 1995, it has been held … the writ petitions common question is involved with respect to interpretation of provision of Section 85 of the Wakf Act, 1995 whether the suit filed by the Wakf for ejectment of the tenant is maintainable before the Civil Court

AllauddIn Charities and Zakath Wakf Vs. Hameed Ali and ors.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Constitution of India - Article 226; Wakf Act, 1995 - Sections 4, 4(3), 5, 6, 6(1), 6(4), 7, 7(1), 8(1), 25, 40(1), 40(3), 40(4), 54, 54(1), 54(3), 54(4), 55, 77, 83, 83(4), 83(5), 83(9), 84 and 85; Indian Trusts Act, 1882; Societies Registration Act, 1860; Code of Civil Procedure (CPC), 1908

Reported in : 2002(1)ALD67; 2002(2)ALT534

(4) of Section 83 of the Wakf Act, the Writ petition is maintainable? 15. Section 4 of the Wakf Act, 1995 deals with preliminary survey of wakfs. Under Sub-section (3) of Section 4 the Survey Commissioner after making an … No. 21-1-1098 situated at RikabGunj. Subsequently, the Revenue Divisional Officer - 2nd respondent initiated proceedings on 24.5.2000 under Section 55 of the Wakf Act for eviction of the petitioners. According to the petitioners, they had already made constructions

M.P. Wakf Board Vs. Subhan Shah (D) by Lrs. and ors.

Court : Supreme Court of India

Subject : Trusts and Societies

Acts : Wakf Act, 1954 - Sections 3(1), 4, 4(3), 5, 5(1), 5(2), 6(1), 6A, 25, 25(7), 25(8), 27 and 66C; Wakf (Amendment) Act, 1995 - Sections 7(5), 9, 32, 32(1), 32(2), 83 and 104; Mineral Concession Rules, 1960 - Rules 54 and 55

Reported in : 2007(1)AWC8(SC); 2007(2)CTC830; [2007(2)JCR284(SC)]; 2006(11)SCALE71; (2006)10SCC696; 2006(3)ShimLC382; 2006(2)LC1432(SC)

said Munna Bai under Section 25 of the 1954 Act was barred by limitation. The Parliament enacted the Wakf Act, 1995 (for short 'the 1995 Act'). The 1954 Act was amended by the State of Madhya Pradesh. The State … it was exercising its suo moto power. At all stages it purported to act under Rules 54 and 55 of the Mineral Concession Rules, 1960. If the Central Government wanted to exercise its suo moto power it