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Syed Abdul Razzak AminuddIn and Hazrat Gaiban Shah Baba Syed Through I ...

Court : Mumbai

Subject : Civil

Acts : Wakf Act, 1995 - Sections 56 and 89; Code of Civil Procedure (CPC) - Sections 26, 80 and 80(2) - Order 1, Rule 3 - Order 7, Rule 11 - Order 23, Rule 1(3)

Reported in : 2009(111)BomLR3609

1 therein under Order 7 Rule 11(d) of the Code of Civil Procedure r/w Section 89 of the Wakf Act, 1995. 3. Briefly stated, the factual matrix of the matter are that the present petitioners (original plaintiffs) had filed … reported at AIR 1982 MAD 202, Rahmath Bi v. State Wakf Board [Ratnam, J.], in respect of erstwhile Section 56 of the Wakf Act, which are as follows:The court cannot make exceptions or qualifications to the explicit terms

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 interim

Sri Shinde Enterprises Vs. Arastu Talimi Trust and anr.

Court : Andhra Pradesh

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 56, 56(1) and 112; Wakf Act, 1954 - Sections 36F

Reported in : 2005(2)ALD239; 2005(2)ALT76

before this Court.14. The Wakf Act, 1995 (for short 'the 1995 Act') came into force on 22nd November, 1995. Section 56 of this Act reads as under:'56. Restriction on power to grant lease of Wakf property:-(1) A lease or … handover its vacant possession to defendant No. 1. As per the Wakf Act, 1954 and as per the Wakf Act, 1995 any lease, beyond three years is illegal and the plaintiff could not claim the relief on the basis

Arjun S/O Bhimaji Lakare (Kahar) (Deceased) Through L.Rs. and Others V ...

Court : Mumbai Aurangabad

Subject : Land Acquisition

of the Transfer of Property Act, is not having overriding effect in relation to Section 56 of the Wakf Act, 1995. The provision laid down under Section 56 of the Wakf Act being a special legislation, it shall prevail

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 … that neither was any lease granted by the Board in their favour nor was any sanction accorded under Section 56 of the Act, that Wakf lands could not be alienated in relaxation of Section 51 of the Act,

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

Namira Construction Private Limited and Seraj Anwar S/O Late SirajuddI ...

Court : Patna

Subject : Property

Acts : Wakf Act, 1954; ;Wakf Rules, 2002 - Rule 49; ;Wakf (Amendment) Act, 1964 - Section 36A; ;Wakf Act, 1995 - Sections 26, 32(4), 32(5), 32(6), 51, 51(1), 51(2), 56(3) and 58; ;Code of Criminal Procedure (CrPC) - Section 144; ;Transfer of Property Act, 1882 - Sections 100, 118 and 122; ;Bihar Apartment Ownership Act, 2004; ;Bihar Apartment Ownership Act, 2006; ;Mahomedan Law - Sections 207 and 208; ;Constitution of India - Article 14

Matched in: Advocate Sanjay Singh,; Rajesh Mohan and; Sanjeev Kr. Singh, Shabbir Ahmad, Adv. for Wakf Board,; K.D. Chatterjee,; U

Kailash Agencies Private Ltd. Vs. Maharashtra State Board of Wakfs

Court : Mumbai Aurangabad

Subject : Land Acquisition

He also held that agreement of 1964 and which is modified in 1995 is illegal in view of section 56 of the Wakf Act. 7. The question before me is - whether respondent No.1 prima facie proves that … they increased the premium as well as rent. Thereafter, respondent No.1 issued notice under section 54 of the Wakf Act, 1995 alleging that the applicant is in wrongful possession of the suit property and should be evicted. The applicant

M.S. Abdul Hameed Vs. S.M. Sheik Mohammed,

Court : Chennai

Subject : Civil

Acts : Constitution of India - Article 227

Reported in : AIR2003Mad179; (2003)1MLJ216

been filed in Wakf O.P. No. 22/2000 by the defendants 1 to 5 under Section 83(5) of the Wakf Act 1995 read with Order 7 Rule 11 C.P.C. for want of statutory notice under section 89 of the Wakf … the effect that cases where suits have been instituted without the issue of the notice in accordance with Section 56 as in the instant case are not maintainable. 22. This Judgment aptly applies to the facts and circumstances

Manjula Varsheney and Another Vs. A.P. State Wakf Board and Others

Court : Andhra Pradesh

Subject : Tenancy

Acts : Wakf Act, 1995 - Sections 32(1),50, 51, 52 and 56; Transfer of Property Act, 1882 - Sections 106; Wakfs Act, 1954 - Sections 15

Reported in : 2000(1)ALD452; 1999(6)ALT725

Vedula Venkata Ramana, contendsthat the Board has no jurisdiction or authority in law as the provisions of the Wakf Act, 1995 (for short 'the Act'), do not confer any jurisdiction upon the Board to determine the tenancy between the … Section 54 authorises the Chief Executive Officer to take steps for removal of encroachment from the wakf property. Section 56 in turn declares that lease or sub-lease for any period exceeding three years of any immovable property, which