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

Court : Chennai

Subject : Civil

Acts : Constitution of India - Article 227

Reported in : AIR2003Mad179; (2003)1MLJ216

that is provided under section 64(4) by the enactments, the Wakf Act 1995, which is in pari-materia of Section 86 of the old Act and would cite a Judgement delivered in N.M. Palanimuthu v. The Commissioner HR & … 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

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 … Act to be determined by a Tribunal. 62.A careful consideration of the scheme of Sections 83, 84 and 86 would show (i) that a Wakf Tribunal virtually replaces the Civil Court for all purposes and (ii) that

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

Ali MakIn Naqvi Vs. U.P. Shiya Central Board of Wakf and ors.

Court : Allahabad

Subject : Family

Reported in : 2008(4)AWC3602

been passed by the Administrator who was appointed as Administrator by the State under Section 102 of the Wakf Act 1995 (hereinafter referred to as the Act) and not under Section 99(1) of the Act, since under Section 102 … Bench of the Hon'ble Supreme Court, in State of U.P. and Ors. v. Mohammed Nooh AIR 1958 SC 86, considered the scope of exercise of writ jurisdiction when remedy of appeal was there and held that writ

M/S.Norman Printing Bureau Vs. P.M.Mammu Haji

Court : Kerala

Subject : Land Acquisition

No.375/2012 8 of tenants, occupying the buildings belonging to a Wakf. After considering the relevant provisions of the Wakf Act, 1995 (hereinafter referred to as "the Act"), the Supreme Court stated the law as follows: "From a conjoint reading … Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010 (3) KLT 86.(SC) = (2010) 8 SCALE 698 . In the aforesaid decision it was … "the Act"), the Supreme Court stated the law as follows: "From a conjoint reading of the provisions of Sections 6 and 7 (supra) it is clear that the jurisdiction to determine whether or not a property is

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 … ORDERA.S. Pachhapure, J.1. The petitioners have challenged the order allowing the application of the respondents filed Under Section 151 CPC and ordering transfer of suit bearing O.S. No. 35/05 to the Wakf Tribunal.2. The facts relevant

T. Kaliamurthi and anr. Vs. Five Gori Thaikal Wakf and ors.

Court : Supreme Court of India

Subject : LimitationProperty

Acts : Limitation Act, 1908 - Schedule - Articles 134, 134A, 134B, 142 and 144; Limitation Act, 1963 - Sections 3, 10, 27, 28, 31, 52A and 107 - Articles 64, 65, 94 and 96; Wakf Act, 1995 - Sections 2, 83, 85, 107, 112, 112(1), 112(2) and 112(3); General Clauses Act, 1897 - Sections 6; ;Tamil Nadu Wakf (Amendment) Act, 1982 - Sections 59A and 59B; Wakf Act, 1954 - Sections 59A, 59B and 66G; Wakf (Amendment) Act, 1984; Public Property (Extension of the Limitation) Act, 1959; Public Works (Extension of Limitation) Act; Administration of Evacuee property Act, 1950 - Sections 58 and 58(3)

Reported in : AIR2009SC840; 2008(5)ALLMR(SC)462; (SCSuppl)2009(1)CHN25; JT2008(9)SC115; 2009(1)MhLj43; (2008)7MLJ534(SC); 2008(11)SCALE52; (2008)9SCC306

High Court, namely, Second Appeal Nos. 972/86, 973/86, and 1242/86. During the pendency of these second appeals, the Wakf Act, 1995 (in short, 'Wakf Act') came into force with effect from 1st of January, 1996. Section 107 of the

Mohammed Vs. Mohammed Beke

Court : Supreme Court of India

Subject : Family

Acts : Muslim Law; Wakf Act, 1954 - Sections 2(1)

Reported in : 1996VIIAD(SC)699; JT1996(9)SC278; (1997)2MLJ77(SC); 1996(7)SCALE330; (1996)10SCC705; [1996]Supp5SCR602

objection to such dedication is raised by one or more of his legal representatives.5. Section 2(r) of the Wakf Act, 1995 also defines 'wakf in similar terms except the words 'or any other person' which are omitted in the … the judgment and order of the High Court of Kerala made on November 16, 1993 in SA No. 86 of 1988 and the order made on 12.1.1994 in RP No. 251 of 1993 in SA No. 86/88.

Raja Alias Mohammed Ali Ismail Sait vs the Kerala State Wakf Board

Court : Kerala

688035 BY ADVS. MOHAMMED SADIQUE.T.A T.H.ABDUL AZEEZ K.P.MAJEED K.M.MOHAMMED YUSUFF (M-1323) SHANKAR V. RESPONDENT/S: 1 THE KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, VIP ROAD, KALOOR, KOCHI, PIN - 682017 2 ABDUL LATHEEF SAIT … the application before theWAQF Board was filed under Sections 32, 47, 69, 70 and 71 of the WAQF Act, 1995. Section 32 deals with the general power of the Board. Section 47 provides for the audit of the accounts … Article 226. (See: State of U.P. vs. Mohammad Nooh, AIR 1958 SC 86; Titaghur Paper Mills Co. Ltd. vs. State of Orissa, (1983) 2 SCC

Thevalakkara Shareeful Islam Jama-Ath vs Ameer B.

Court : Kerala

maintainability of the OP(WAKF) by referring to the proviso to sub section 9 of Section 83 of the Wakf Act, 1995 wherein equal and efficacious remedy by way of revision petition has been provided to assail the order of