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Jul 18 2009

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

Court : Mumbai

Decided on : Jul-18-2009

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

that there is no analogy between notice under Section 89 of the Wakf Act, 1995 and notice under Section 80 of the Code of Civil Procedure, since there is provision of Sub-section (2) of Section 80 of the … 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

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Jul 25 2002

Abdul Rahiman Musaliar Vs. Muhammed Sahib

Court : Kerala

Decided on : Jul-25-2002

Subject : Civil

Acts : Wakf Act, 1995 - Sections 80, 83, 83(1), 85, 90(3) and 92

Reported in : AIR2003Ker84

by this Court. Civil - jurisdiction - Sections 80, 83, 83 (1), 85, 90 (3) and 92 of Wakf Act, 1995 - suit for preventing defendants from interfering with management of mosque or jaram - whether Civil Court had … or continued to be entertained in a Civil Court. Thus it was held that the bar imposed by Section 85 of the Act to the effect that 'no suit or legal proceedings shall lie in Civil Court'

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Oct 08 2002

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

Court : Chennai

Decided on : Oct-08-2002

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 … No. 3, the learned Single Judge of this Court while dealing with the point 'whether the compliance of Section 80 of the C.P.C. is essential requirement' and citing an earlier judgment of the Division Bench of this Court

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Apr 10 2012

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

Court : Kerala

Decided on : Apr-10-2012

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 … is a reply to Ext.A25 notice issued by the plaintiff under Sec. 80 C.P.C. and Sections 55 and 56 of the Wakf Act, 1954. Ext. … 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

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Apr 18 2016

The Hazarat Thable Aalam Badusha Natharvali, Dargah and Others Vs. F. ...

Court : Chennai Madurai

Decided on : Apr-18-2016

Subject : Education

1995, has not undergone any change and the notice under Section 56 (new Section 89) is analogous to Section 80 of the Civil Procedure Code and it prohibits the filing of any Suit against the Wakf Board in … the filing of the suit, this Court points out that new Section 89 (old Section 56) of the Wakf Act, 1995, has not undergone any change and the notice under Section 56 (new Section 89) is analogous to Section

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Apr 29 2014

Goa Industrial Development Corporation Vs. M/S Sadhana Builders Pvt. a ...

Court : Mumbai Goa

Decided on : Apr-29-2014

Subject : Land Acquisition

with a similar question regarding requirement of mandatory notice to institute a suit under Section 89 of the Wakf Act, 1995, held that there being no similarity and analogy between Section 89 of the Wakf Act, 1995 and Section … necessity and easement by grant and also permanent injunction. Respondent no.1 also obtained leave of the Court under section 80 of the CPC for dispensing with the mandatory notice. 6. The suit was resisted by the petitioner. Preliminary

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Sep 16 2015

M/s. Boshan Developers Pvt. Ltd. and Another Vs. Communidade of Bordem ...

Court : Mumbai Goa

Decided on : Sep-16-2015

Subject : Land Acquisition

no.17, I am of the view that the objection regarding non-issuance of notice under Section 89 of the Wakf Act, 1995 pertains to law point and, therefore, objection can be raised by any of the defendants and it is … non-issuance of notice under Section 289 of the Municipalities Act. He submitted that the grant of leave under Section 80 of C.P.C., cannot be a substitute for the issuance of the notice under Section 289 of the Municipalities

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Jun 01 2015

C.Radhakrishnama Naidu and Oth Vs. The Government of andhra Pradesh,re ...

Court : Andhra Pradesh

Decided on : Jun-01-2015

Subject : Land Acquisition

of documents relating to transfer of immovable property owned by Religious/Charitable Endowments or by Wakf falling under the Wakf Act, 1995, except by persons statutorily empowered do so do. (d) Prohibits registration of document of surplus agricultural/urban ceiling lands. … and 81 would be sufficient for understanding of the scheme of the Endowments Act, which reads as follows: Section 80: Alienation of immovable property: 1(a) Any gift, sale, exchange or mortgage of any immovable property belonging to or

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Mar 22 2012

Anakkayam Puliyil Juma And#8211; Ath Palli Wakf Committee Vs. V.P. Abd ...

Court : Kerala

Decided on : Mar-22-2012

Subject : Right to Information

or other matter relating to wakf property, which is required to be decided by the Tribunal constituted under wakf Act, 1995. Section 85 of the Wakf Act, 1995 reads thus: “Bar of jurisdiction of civil Courts:- No suit or other … also referred to the decisions rendered by this Court in Ammini Ammal v. Krishnan and Ors (1978 KLT 80)and Kochukunju Stephen v. Asia Ummal (2005 (1) KLT 944), with the former among them distinguishing an earlier decision

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Mar 25 2013

M.H.Jawahirullah Vs. Government of Tamil Nadu

Court : Chennai

Decided on : Mar-25-2013

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

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