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Abul Kalam Mallick and ors. Vs. Abdul Aziz Mallick and ors.

Court : Kolkata

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 22, 25, 67(4), 67(6), 69(3), 73(3), 83, 83(1), 85 and 90; ;Rajasthan Colonisation Act; ;Constitution of India - Article 227; ;Civil Prodedure Code ; ;Court Law; ;Tribunal Act

Reported in : 2005(4)CHN557

contested the application by filing a written objection. The defendant/O.Ps. filed an application under Section 90 of the Wakf Act, 1995 and plaintiffs/appellants filed a written objection against such petition contending, inter alia, that the petition under Section 90 … such order may appeal before the Tribunal. He has referred to the specific provisions of Sub-section (3) of Section 73 of the Act wherein any bank or other person who is under Sub-section (1) of that section to

Puthiyapura Sheik Koya Thangal and Another Vs. P.P. Koyammakoya and Ot ...

Court : Kerala

Subject : Land Acquisition

Gazette dated 1-11-1988 after conducting proper enquiries . The said list was published under Sec. 5 of the Wakf Act, 1995. In that notification the Mohiyudeen Palli is stated as belonging to the people of Androth Island and the … GEOGRAPHY 23. This Island is located between 100 49' North latitude and 73 0 41' East longitude as well as 293 kms. away from Kochi. … Police protection was sought for implementing the above resolution. The Executive Magistrate was constrained to take proceedings under Sections 144 and 145 Cr.P.C. with regard to the Juma Mosque in question . The decision of the JHSI

Thorayil Juma Masjid Mahhalu Committee Vs. Kerala Wakf Board

Court : Kerala

Subject : PropertyCivil

Acts : Wakf Act, 1995 - Sections 13, 32, 32(2), 32(3), 33(4), 38(7), 39(3), 51(2), 51(5), 52(4), 54, 54(3), 54(4), 67, 69, 72, 72(6), 72(7), 73(3), 83, 83(2) and 85; Code of Civil Procedure (CPC) , 1908; Wakf Rules

Reported in : 2008(1)KLJ202

ORDERKurian Joseph, J.1. Wakf Tribunals have been set up under the Wakf Act, 1995 (hereinafter referred to as 'the Act') for the determination of disputes, questions and other matters relating to Wakf … the Wakf Board. Whether an order passed by the Wakf Board in exercise of its appellate jurisdiction under Section 72(7) of the Act is liable to be challenged before the Wakf Tribunal under Section 83 as a … passed against him by the Board. Sections 51(5), 52(4), 67, 69 and 73(3) also have prescribed appellate powers on the Tribunal. The Tribunal also is

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

Subject : Land Acquisition

facts leading up to the litigation need to be referred to at the very beginning. The Parliament enacted Wakf Act, 1995, (hereinafter referred to for the purpose of brevity as, ‘the Act’). By order dated 01.12.1997, the Government of … of State of Maharashtra (hereinafter referred to as the State’) appointed a Survey Commissioner purporting to act under Section 4 of the Act. A Wakf Tribunal was constituted at Aurangabad by order dated 30.10.2000. On 04.01.2002, the … be appointed by the State Government by notification in the Official Gazette.” 73 86. Section 15 provides that the Members of Board shall hold office

Pookoya Haji Vs. Cheriyakoya

Court : Kerala

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 83 and 85

Reported in : 2003(3)KLT32

concerned with the jurisdiction and powers of the Wakf Tribunals constituted in the State of Kerala by the Wakf Act, 1995. A learned single Judge of this Court, C.S. Rajan, J. in Pookoya Haji v. Cheriyakoya (1999 (1) KLT … decide any dispute, question or other matter relating to a Wakf or Wakf property. Learned Judge held under Section 83(2) of the Act any mutawalli or any other person aggrieved by an order made under the Wakf … under Section 38(7) of the Act. Sections 51(5), 52(4), 64(4), 67, 69, 73(3) etc. have also conferred appellate powers on the Tribunal, 8. The Tribunal

Aliyathammada Beethathabiyyapura Pookoya Haji Vs. Pattakkal Cheriyakoy ...

Court : Kerala

Subject : Property

Acts : Wakf Act, 1995 - Sections 83 and 85

Reported in : AIR2003Ker366

concerned with the Jurisdiction and powers of the Wakf Tribunals constituted in the State of Kerala by the Wakf Act, 1995. A learned single Judge of this Court, C.S. Rajan, J, in Pookoya Haji v. Cheriyakoya, (1999) 1 Ker … (AIR 1999 Kerala 289) took the view that the Wakf Tribunal has been constituted by the Government under Section 83(1) of the Wakf Act, so as to decide any dispute, question or other matter relating to a … under Section 38(7) of the Act. Sections 51(5), 52(4), 64(4), 67, 69, 73(3) etc. have also conferred appellate powers on the Tribunal.8. The Tribunal can

M.H.Jawahirullah Vs. Government of Tamil Nadu

Court : Chennai

Subject : Land Acquisition

the Wakf Act of 1995 and further direct the 1st respondent to strictly follow the provisions of the Wakf Act, 1995 in constituting the Wakf Board. Writ Petition in W.P.No.27590 of 2012 is filed under Article 226 of the … and direct the first respondent to constitute a Wakf Board on following the due procedure set out in Section 14 of the Wakf Act, 1995. Writ Petition in W.P.No.33785 of 2012 is filed under Article 226 of

Radhakrishna Rice Mill Company and ors. Vs. Jumma Maseedh by Its Mutha ...

Court : Andhra Pradesh

Subject : Civil

Acts : Wakf Act, 1954 - Sections 15, 15(1), 29, 42, 44, 69 and 69(1); Wakf (Amendment) Act, 1955 - Sections 32, 36, 42 and 56; Code of Civil Procedure (CPC) , 1908 - Sections 92 and 93

Reported in : AIR2003AP70; 2002(6)ALD52; 2002(6)ALT791

were passed when 1954 Act was in force. Even this doubt ceased to exist with the enactment of Wakf Act 1995 (for short '1995 Act'). Section 32 of 1995 Act correspondents to Section 15 of 1954 Act. Sub-section (1) … in AS No.480/76 at the instance of Mr. M.A. Khan and correctness of the decree in OS No. 73/73, which is the subject-matter of AS No.480/76. The learned Counsel also addressed arguments with reference to the facts

K.S.Sharfudeen Vs. 1.Union of India,

Court : Chennai

Subject : Land Acquisition

Writ of Declaration, declaring that the impugned provisions of Explanation II of Section 32(1) and 32(2)(g) of the Wakf Act, 1995 as unconstitutional, void and ultra vires. Prayer in Civil Revision Petitions (PD)(MD)Nos.2461, 2262, 2567, 2631 of 2012 and … 2012 and Civil Revision Petitions (PD) (MD)Nos. 2461, 2262, 2296, 2567, 2631, 2666 of 2012 and 236 and 73 of 2013 Writ Petition (MD) No.15524 of 2012 K.S.Sharfudeen ... Petitioner Vs. 1.Union of India, Rep by its

Raju Narayanappa Othare and anr. Vs. the Registrar (General) High Cour ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Wake Act, 1954 - Sections 6(1); Code of Civil Procedure (CPC) - Sections 24; Wake Act, 1955 - Sections 7(5)

Reported in : ILR2004KAR1454; 2004(4)KarLJ28

of the Civil Judge as being passed without a proper understanding of provisions of Section 7(5) of the Wakf Act, 1995, and have sought for other issuance of a Writ of Mandamus to direct the learned Civil Judge (Jr.Dn.) … decree, the Karnataka State Board of Wakf and the Dharwad District Wakf Committee filed an appeal in R.A.No. 73/2001 on the file of the Prl.. Civil Judge (Sr.Dn.), Hubli. When the appeal was being heard, the learned