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Dec 28 2001

Shaik Ghouse MohiuddIn Vs. Andhra Pradesh State Wakf Board and ors.

Court : Andhra Pradesh

Decided on : Dec-28-2001

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 42, 63 and 83(9); Wakf Act, 1954 - Sections 29

Reported in : 2002(1)ALD751

Muthawalli of the Dargah under Section 29 of the Wakf Act, 1954 corresponding to Section 42 of the Wakf Act, 1995 as per the direction of this Court in WP No. 2248 of 1997.3. Pursuant to the direction issued … appointment of the petitioner as Muthawalli through the above proceedings is not in conformity with the provisions of Section 63 of the Wakf Act. It is this order, which is challenged before this Court on various grounds.5. On

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Feb 26 2008

ibrahimsab S/O Hussainsab @ Hassansab Tharthari, Chairman Chingisha Da ...

Court : Karnataka

Decided on : Feb-26-2008

Subject : Family

Acts : Code of Civil Procedure (CPC) - Sections 151 - Order 41, Rule 10; Wakf Act, 1995 - Sections 63, 64, 69, 69(1), 83 and 95; Indian Limitation Act - Sections 5

I and II i.e. an application filed under Order 41 Rule 10 read with Section 83 of the Wakf Act 1995 for staying the operation of the order dated 21.6 1997 bearing No. LCC 2/1988 by the Law Committee … appeal (i.e. IA No. II).3. In C.R.P. No. 729/2004, the revision petition has been filed by petitioners under Section 63(b) of the Wakf Act, before the Government on 15.10 1997 to set aside the impugned order passed in

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Apr 19 2012

A.Mohammed Musthafa Vs. A.Abdul Majid and ors.

Court : Chennai

Decided on : Apr-19-2012

Subject : Civil

Acts : Wakf Act, 1995 - Section 83, 32, 63; Code of Civil Procedure (CPC), 1908 - Order 1, 7, Rule 8, 1

Petition arose against the order passed in the Wakf Appeal No.3 of 2008 filed under Section 83 of Wakf Act, 1995, r/w. Order VII, Rule 1 and r/w. Order I, Rule 8 of C.P.C. by the Principal Subordinate Judge, … is having unlimited power of settling schemes and also appointing an interim Muthavalli as per Sections 32 and 63 of the said Act. Therefore, the Civil Revision Petition was disposed of by stating that the Wakf Board

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Feb 16 2007

Janab Dr. HisamuddIn Papa Saheb, Janab Khadeer Ahmed Sahib, Janab Amee ...

Court : Chennai

Decided on : Feb-16-2007

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

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Jul 14 2005

Saheblal Vs. the Karnataka State Board of Wakfs and anr.

Court : Karnataka

Decided on : Jul-14-2005

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 25, 25(1) 63, 64 and 64(3); Wakf Rules; Muslim Law

Reported in : ILR2005KAR4846; 2006(5)KarLJ498

could be removed only by holding an enquiry as provided under Sub-section (3) of Section 64 of the Wakf Act 1995 ('the Act' for short). According to him, as no enquiry was held, the order of the board removing … Executive Officer. It is her submission that the power to appoint Mutawalli is conferred on the board under Section 63 of the Act and it is for the board to make appointment and the board is also conferred

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Aug 19 2004

Sayed Muhammed Mashur Kunhi Koya Thangal Vs. Badagara Jumayath Palli D ...

Court : Supreme Court of India

Decided on : Aug-19-2004

Subject : PropertyCivil

Reported in : AIR2004SC4365; 2004(4)AWC2893(SC); JT2004(6)SC556; (2005)1MLJ194(SC); 2004(7)SCALE53; (2004)7SCC708

schedule property. The High Court also gave directions to the State Wakf Board to exercise its power under Section 63 of the Act to appoint a mutawalli in place of the plaintiff. Hence defendant No. 2 is in … Whether this court is competent to decide the question of Wakf in view of Section 85 of the Wakf Act, 1995?2. Whether the right of Mutawalli is transferable?3. Was the court below correct in holding that the plaintiff was

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Sep 12 2001

Managing Committee, Nade Ali Masque, Bodhan, Nizambad District Vs. And ...

Court : Andhra Pradesh

Decided on : Sep-12-2001

Subject : Constitution

Acts : Wakf Act, 1995 - Sections 3(K), 6, 6(1), 6(2), 7, 32, 63, 67, 67(4), 68, 69(3), 83, 83(2), 83(5), 83(9), 112; Andhra Pradesh Wakf Rules, 2000 - Rule 20; Wakf Act, 1954 - Sections 42; Code of Civil Procedure (CPC), 1908 - Sections 151

Reported in : 2001(6)ALD811

the Wakf Board appointed respondent Nos.2 and 3 as muthawalli and joint muthawalli in accordance with law under Section 63 of the Wakf Act 1995. There is no provision for appeal or application against the orders passed under … had filed the present civil revision petition under the proviso to Sub-section (9) of Section 83 of the Wakf Act, 1995 [herein after for short called as Act]. In the present civil revision petition, an order of status quo

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Nov 14 2006

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

Court : Andhra Pradesh

Decided on : Nov-14-2006

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

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Dec 13 2007

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

Court : Andhra Pradesh

Decided on : Dec-13-2007

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 … a statutory power cannot be subject to any control or guidance by any other extraneous authority, even though Section 63 enables the Government to give directions in respect of the functions of the Board such Government supervision would

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Sep 22 2004

Abdul Mabood Kazi and ors. Vs. Board of Wakfs and ors.

Court : Kolkata

Decided on : Sep-22-2004

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 27, 52, 54, 63, 64, 67, 70, 71, 109 and 110; ;West Bengal Wakf Rules, 2001 - Rules 14, 15, 17 and 22; ;West Bengal Wakf Regulations, 2002 - Regulations 3.1, 11, 12, 12(8) and 12(14); ;Constitution of India - Article 227

Reported in : 2005(1)CHN435

at the instance of some of the members of a Mutawalli Committee constituted under Section 63 of the Wakf Act, 1995 (hereinafter referred to as the Act) which has since been removed and is directed against order dated 30th

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