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Mohamed Musa Sait Wakf, a Wakf - Ul - Aulad, Represented by Its Muthaw ...

Court : Karnataka

Subject : Trusts and Societies

Acts : Wakf Act, 1995 - Sections 85; Karnataka Small Causes Court Act, 1964 - Sections 18; Wakf Act, 1985 - Sections 85

Reported in : 2008(1)KarLJ507; 2007(6)AIRKarR463; 2008(2)ICC366

argued that when the petitioner-plaintiff filed a suit the respondents-defendants filed a memo under Section 85 of the Wakf Act, 1995 to the effect that the Small Cause Court has no jurisdiction to entertain the suit for ejectment. Therefore,

inamdhar Pallivasal Wakf by Its Muthavalli. Vs. Sheik Abdullah

Court : Chennai

Subject : Civil

Acts : Wakf Act, 1995 - Section 85, 83, 6(1), 7(1); Code of Civil Procedure,(CPC) 1908 - Order 7 Rule 11(d), Order 39, Rule 1, 2, 2D

be determined by a Tribunal."7. Since a full-fledged forum for the determination of disputes arising out of the Wakf Act, 1995 has been provided under Sections 83 to 95, the jurisdiction of the civil courts to try any suit … learned counsel for the Petitioner and Mr.A.Syed Abuthakar, the learned counsel for the Respondent and perused the records.6. Section 85 of the Wakf Act runs thus:- "Section 85:- Bar of jurisdiction of Civil Courts:- No suit or other

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 … which are required by or under the Wakf Act to be determined by a Tribunal the bar under Section 85 would apply and for the rest of the matter Civil Court's jurisdiction is not ousted. In view of

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 … before the tribunal and in respect of which the jurisdiction of civil courts is ousted in terms of Section 85 of the Act are such matters which are explicitly enumerated in Sub-sections (1) and (2) of Section 83

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 … which are required by or under the Wakf Act to be determined by a Tribunal, the bar under Section 85 would apply and for the rest of the matter civil Court's Jurisdiction is not ousted, In view of

P. Rama Rao and Others Vs. High Court of Andhra Pradesh and Others

Court : Andhra Pradesh

Subject : CivilProperty

Acts : Wakf Act, 1995 - Sections 7, 83 and 85; Administrative Tribunals Act, 1985 - Sections 29; Family Courts Act, 1984 - Sections 8; Recovery of Debts due to the Bank and Financial Institution Act, 1993 - Sections 31; Code of Civil Procedure (CPC), 1908 - Sections 6

Reported in : 2000(1)ALD298; 2000(1)ALT210

Matched in: Advocate Mr. P. Venugopal, Adv. Mrs. M. Bhaskaralakshmi, SC for High Court, ;Mr. M.A. Qureshi, SC for Wakf Board and ;Mr. P. Gangaiah Naidu, Additional Advocate-General

Sri Dattatray Hanamantrao Bidikar S/O Hanamantrao Bidikar and Sri Gaja ...

Court : Karnataka

Subject : PropertyCivil

Acts : Bombay Public Trust Act; Indian wakf Act, 1985; Karnataka Rent Control Act, 1961 - Sections 21(1); Karnataka Rent Act, 1999 - Sections 2(3) and 70(2); Transfer of Property Act - Sections 106; Wakf Act, 1995 - Sections 6, 7, 63, 83 and 85; Karnataka Wakf Act, 1995; Wakf Act 1954 - Sections 5(2) and 6; Evidence Act, 1872 - Sections 116; Code of Civil Procedure (CPC) - Sections 151

Reported in : 2009(2)KCCR926; 2009(2)AIRKarR352

title and interest in the Wakf property has to be decided by the Wakf Tribunal constituted under the Wakf Act 1995 (herein after called as 'the Act 1995') and therefore, they contended that the trial Court has no jurisdiction … 7 have to approach the Tribunal having jurisdiction to take a decision.9. How to consider the provisions of Section 85 of the Act 1995, there is bar of the jurisdiction of the Civil Courts and the saidprovision reads

Yashpal Lala Shiv NaraIn Vs. Allatala Tala Malik Waqf Ajakhan Mus

Court : Allahabad

Subject : Property

Acts : Rent Act - Sections 2; Transfer of Property Act - Sections 105, 106, 107, 108, 108(1), 111, 112, 113, 114 and 114A; Provincial Small Cause Courts Act - Sections 25; Waqf Act, 1995 - Sections 6, 7, 32, 33, 35, 40, 51, 52, 54, 64,67, 69, 83, 85, 90, 90(1) and 90(3); Code of Civil Procedure (CPC) , 1908 - Sections 115 - Order 15, Rule 5; Constitution of India - Articles 226 and 227

Reported in : AIR2006All115

Property is involved in the present case. Hence, the provisions of Section 85 or Section 90 of the Wakf Act, 1995 are not attracted to the present case.(6) Various decisions relied upon by the learned Counsel for the petitioner

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 … to Wakf property in Wakf Tribunal had filed an interlocutory application on 27.3.2000 that both in terms of Section 85 of the Wakf Act (hereinafter referred to as 'the Act') as also aforementioned administrative circular of this Court

Samuthra Vijaya Nainar and ors. Vs. Sirukadambur Masjid and ors.

Court : Chennai

Subject : Civil

Acts : Wakf Act, 1995 - Sections 6(1), 7(5), 83 and 85; Code of Civil Procedure (CPC) - Sections 24

Reported in : (2007)4MLJ580

properties and the civil court has no jurisdiction to try the same as per Section 85 of the Wakf Act, 1995, and further directed the parties to the suit to appear before the District Court, Villupuram. However, the District