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St. Gregorious Orthodox Cathedral rep. by Its Hon' Treasurer, Mr. Math ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 4, 6, 6(1), 7, 7(1), 7(5), 32, 32(2), 32(3), 54, 54(3), 83, 83(1), 83(2), 83(9) and 85; General Clauses Act, 1897 - Sections 3(26); Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 4; Wakf Rules

Reported in : 2008(6)KarLJ358; 2008(4)KCCR2216; 2008(5)AIRKarR350; 2008AIRSCW3862

ORDERD.V. Shylendra Kumar, J.1. This revision petition under Section 83(9) of the Wakf Act, 1995 [for short 'the Act'] gives rise to an interesting question of law regarding the scope of the jurisdiction … the subject-matter of any suit or proceeding instituted or commenced in a civil court under Sub-section (1) of Section 6, before the commencement of this Act or which is the subject-matter of any appeal from the decree passed

Mahboob Khan Vs. Mohd. Khaja and 4 ors.

Court : Andhra Pradesh

Subject : CivilTrusts and Societies

Acts : Wakf Act, 1995 - Sections 6, 6(1), 6(4), 7, 83, 83(5), 83(8) and 85; Code of Civil Procedure (CPC) - Sections 115 - Order 7, Rule 10

Reported in : 2005(1)ALD839; 2005(2)ALT308

Wakf Act, 1995?Point:5. Before answering the point, I would like to refer to the relevant provisions of the Wakf Act, 1995. Section 6 of the Act deals with the disputes regarding wakfs and Section 7 with regard to the power of … Overruled]. - 5. Before answering the point, I would like to refer to the relevant provisions of the Wakf Act, 1995. Section 6 of the Act deals with the disputes regarding wakfs and Section 7 with regard to the power 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

It is also argued that since these are inam and wakf properties, their nature cannot be changed.16. under Section 6 of the Wakf Act, 1995, if any question arises whether a particular property specified as wakf property in … 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

Trimbak S/O Khankdappa Bele Agriculturist and Sugreeva S/O Dhanappa Be ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 4, 6, 6(1), 6(5), 7, 7(5), 54, 83 and 85; Wakf Act, 1954

Reported in : 2007(2)KarLJ82

5, the 1st respondent has issued a notice dated 3.8.2000 purporting to be under Section 54 of the Wakf Act 1995 wherein for the first time noting that there is a darga called Abdul Ali Darga in the suit … owners of the suit property in possession and hence, the suits are in respect of wakf property and Section 6(1) of the Wakf Act, 199S provides for transfer of the suit to the Tribunal to decide any question

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

Amil HakimuddIn and ors. Vs. Abbas HusaIn and ors.

Court : Madhya Pradesh

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 3, 4, 5, 5(2), 6, 6(1), 6(4), 6(5), 7, 40, 40(1), 40(2), 83, 83(7), 85 and 112; Madhya Pradesh Wakf (Amendment) Act, 1994 - Sections 112(3); Wakf Act, 1954 - Sections 5(2), 6(1) and 6(4); Wakf Act (Amendment), 1984; Code of Civil Procedure (CPC) - Sections 9 - Order 7, Rule 11

Reported in : 2002(5)MPHT181; 2002(2)MPLJ50

not by the Civil Court. Defendant No. 3 has submitted a separate application stating therein that according to Section 6 of the Wakf Act, 1995 the dispute can be decided only by the Wakf Tribunal constituted under this … no jurisdiction to decide this dispute and it can be decided only by Wakf Tribunal constituted under the Wakf Act, 1995. It is stated that there had been a survey by the Wakf Board after year 1961 and the

Madhya Pradesh Wakf Board Vs. Abdul Rais and ors.

Court : Madhya Pradesh

Subject : Property

Acts : Wakf Act, 1995 - Sections 6 and 7; Wakf Act, 1954 - Sections 5 and 6

Reported in : 2003(4)MPHT370

Sapre, J.1. This is a revision filed by Madhya Pradesh Wakf Board under Section 83(9) proviso of the Wakf Act, 1995 against the order dated 16-4-2000 passed by Wakf Tribunal, Bhopal in Case No. 1417 of 1996. Facts in … District Ujjain.3. On 27-12-1996, the respondents filed an application before the Tribunal constituted under the Wakf Act under Section 6/7 of the Act of 1995 seeking a declaration that the suit property specified in the official Gazette (Wakf

T. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.

Court : Supreme Court of India

Subject : LimitationProperty

Acts : Limitation Act, 1908 - Schedule - Articles 134, 134A, 134B, 142 and 144; Limitation Act, 1963 - Sections 3, 10, 27, 28, 31, 52A and 107 - Articles 64, 65, 94 and 96; Wakf Act, 1995 - Sections 2, 83, 85, 107, 112, 112(1), 112(2) and 112(3); General Clauses Act, 1897 - Sections 6; ;Tamil Nadu Wakf (Amendment) Act, 1982 - Sections 59A and 59B; Wakf Act, 1954 - Sections 59A, 59B and 66G; Wakf (Amendment) Act, 1984; Public Property (Extension of the Limitation) Act, 1959; Public Works (Extension of Limitation) Act; Administration of Evacuee property Act, 1950 - Sections 58 and 58(3)

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

High Court, namely, Second Appeal Nos. 972/86, 973/86, and 1242/86. During the pendency of these second appeals, the Wakf Act, 1995 (in short, 'Wakf Act') came into force with effect from 1st of January, 1996. Section 107 of the … which came into force w.e.f. 1.1.1996, could not have the effect of reviving the barred claim. Relying on Section 6 of the General Clauses Act, 1897 the learned Counsel for the appellants argued that when Section 6(a) clearly

Ramesh Gobindram (Dead) Through Lrs.Vs. Sugra Humayun Mirza Wakf

Court : Supreme Court of India

Subject : Civil

Acts : Wakf Act, 1995 - Section 83, 6, 6(1), 47(2); Code of Civil Procedure (CPC), 1908 , (5 of 1908 .)

of by this common order. The question is whether the Wakf Tribunal constituted under Section 83 of the Wakf Act, 1995 was competent to entertain and adjudicate upon disputes regarding eviction of the appellants who are occupying different items … respondent-Wakf Board who claims exclusion of jurisdiction of Civil Court has discharged the onus that lay upon it. Section 6 of the Act which bears direct relevance to that question may at this stage be extracted:"Section 6. Disputes

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 … or Wakf as to its nature, the dispute shall be decided on the basis of such deed. Under Sub-section (6), the State Government may, by notification in the Official Gazette, direct the Survey Commissioner to make a second