Advanced Search Results

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 date of the publication of the list of wakfs.Explanation. - For the purposes of this Section and Section 7, the expression 'any person interested therein', shall, in relation to any property specified as wakf property in the

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

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

been defined for purpose of Section 6 & 7 and mat a conjoint reading of Section 6(5) and Section 7(5) or the Act makes it clear that after the commencement of the Wakf Act, 1995, no suit or … 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

Abdul Kadar @ Babbu S/O Ismail Vs. Masjid Juma Darwaja a Registered Pu ...

Court : Mumbai

Subject : TenancyTrusts and Societies

Acts : Maharashtra Rent Control Act, 1999 - Sections 15 and 16; Indian Trust Act - Sections 46, 47 and 48; Wakf Act, 1995 - Sections 2, 6, 6(1), 6(5), 7, 7(1), 7(5), 83, 83(1) and 85; Bombay Public Trust Act, 1950; Assam Urban Areas Rent Control Act; Assam Rent Control Act; Constitution of India - Articles 226 and 227

Reported in : 2009(1)BomCR498; 2009(111)BomLR552; 2009(2)MhLj454

of the Indian Trust Act. He further states that in view of provisions of Section 85 of the Wakf Act, 1995, the jurisdiction of any Civil Court including Small Causes Court in respect of any dispute in relation to … or resolution of authorization was never challenged. He further relies upon the provisions of Section 6 read with Section 7 of the Wakf Act to contend that only disputes of nature specified therein are exempted from cognizance of

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 … before the Tribunal.6. In my considered opinion, the application made by the respondents under Section 6 read with Section 7 of the Act of 1995 was hopelessly barred by time and hence, it merits dismissal on this short

Md. MoinuddIn Son of Nawab Shah Alias Md. Nawab Ali Vs. Md. Mustafa So ...

Court : Patna

Subject : Civil

Acts : Wakf Act, 1954 - Sections 6(1), 7, 7(1), 7(5), 83(2), 85, 85A and 112; ;Wakf (Bihar Amendment) Act, 2006 - Section 85A; ;Wakf Amendment Act, 1984; ;Wakf Amendment Act, 1995

Reported in : AIR2010Pat24,2010(58)BLJR4

and if any suit has been instituted in any civil court prior to coming into force of the Wakf Act, 1995, then the Tribunal will have no jurisdiction to decide such matter and to continue and conclude as if … below, after considering the submissions as also the provisions of law, in the impugned order has held that Section 7(5) of the Wakf Act would not apply to the two appeals and as such, the prayer for transfer

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

Karnataka Board of Wakf, Bangalore Vs. Land Tribunal, Sira Taluk, Tumk ...

Court : Karnataka

Subject : Trusts and SocietiesProperty

Acts : Karnataka Land Reforms Act, 1961 - Sections 4, 44, 45, 48-A and 107; Wakf Act, 1954 - Sections 3 and 36; Karnataka Inams Abolition Act, 1955 - Sections 6-A; Karnataka Bhoodhan Yagna Act, 1963; Coffee Act, 1942 - Sections 66 to 76; Wakf Act, 1995 - Sections 3, 50 and 83

Reported in : AIR2000Kant141; ILR1999KAR3319; 1999(5)KarLJ617

per Gazette Notification dated 15-2-1968.12. The definition of Mutawalli under the old Wakf Act, 1954 and under the Wakf Act, 1995 which reads thus:Old Wakf Act, 1954NewWakf Act, 1995Section3(f). - 'Mutawalli' means any personappointed either verbally or under any … Gazette as wakf property. In respect of the said lands mutawalli's son namely An-war Baig claimed re-grant under Section 6-A of Karnataka Inams Abolition Act, 1955. The Land Tribunal, Sira by its order dated 27-2-1982 granted occupancy … by the Coffee Board constituted under the Coffee Act, 1942 (Central Act 7 of 1942), for purposes of research, development or propaganda;(viii) held by any

Kallu Khan Vs. Wakf Intajamiya Committee and Another

Court : Madhya Pradesh

Subject : Education

In view of the aforesaid facts, it is submitted that in the light of Section 85 of the Wakf Act, 1995, the instant suit is barred. For ready reference, provisions as contained in Section 83(1), (2) and Section 85 … dispossessing plaintiff from the suit premises. 3. On being noticed, defendant no. 2 submitted an application under Order VII Rule 11 of CPC on 14/5/2009 inter alia contending that in fact vide order dated 29/11/2008 of the

Jai Bharat Co-operative Housing Society Ltd. Vs. Andhra Pradesh. State ...

Court : Andhra Pradesh

Subject : CivilTrusts and Societies

Acts : Wakf Act, 1995 - Sections 4, 5, 7, 36, 43, 83, 84, 85 and 87

Reported in : 2000(5)ALD743; 2000(5)ALT389

with regard to property which is not notified under Section 5 or registered under Section 36 of the Wakf Act, 1995 can be entertained by the Tribunal. Section 4 of the Act lays down :'4. Preliminary survey of Wakfs:--(1) … 36 would render the respondents remediless. Coupled with this, a reference is also needed to be given to Section 7 of the Act which lays down :'7. Power of Tribunal to determine disputes regarding Wakfs :--(1) If, after