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Chintala Uday Shankar and ors. Vs. Subedar Saheb Choultry, Trust Board ...

Court : Andhra Pradesh

Subject : PropertyTrusts and Societies

Acts : Andhra Pradesh Buildings (Lease, Rent and Eviction) Control Act, 1960 - Sections 2, 9, 22, 26, 36 and 43; Muslim Wakf Act, 1954 - Sections 5, 6, 15, 32(2), 36, 36B, 36F, 43, 55, 55(2), 56, 66, 89, 90 and 92; Andhra Pradesh Wakf Act, 1995 - Sections 83, 85, 107 and 112; Societies Registration Act - Sections 4; Specific Relief Act - Sections 31; Trusts Act - Sections 10; Limitation Act - Articles 59, 63 and 64; Transfer of Property Act - Sections 3; Andhra Pradesh Wakf Rules - Rule 12; Code of Civil Procedure (CPC) , 1908 - Sections 91, 92, 92(1), 92(2), 92(3), 93 and 151 - Order 1, Rule 10; Inams Act - Sections 14; Muslim Law; Mohammedan Law

Reported in : 2007(2)ALD213

Matched in: Advocate O. Manohar Reddy, Adv. in A.S. No. 1194 of 2004, C.R.P. Nos. 2773, 2793, 2815, 2961, 2967, 2989 and 3138 of 2002 and ;B. Adinarayana Rao, Adv. in C.R.P. Nos. 2882, 2990 to 2995, 3134 and 3146 of 2002 K. Ramakanth Reddy, SC for Wakf Board for Respondent No. 1 in A.S. No. 1194 of 2004 and in C.R.P. No. 3138 of 2002 and ;M.V. Durga Prasad, Adv. for Respondent Nos. 3 to 5 in A.S. No. 1194 and in C.R.P

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

Subject : Civil

Acts : Code of Civil Procedure (CPC) - Section 92; Wakf Act, 1995 - Section 83(5)

8 to 14 as trustees. The said order was on the basis that after the advent of the Wakf Act, 1995 (for brevity, Act 43 of 1995), the power of appointment of mutawalli and administration of the wakf transfers … Chennai in O.S.No.63 of 1940 is administrative in nature governed by the scheme decree dated 10.2.1941 framed under Section 92 of the Code of Civil Procedure and therefore, neither the Government nor the Wakf Board has any jurisdiction

Janab Dr. HisamuddIn Papa Saheb, Janab Khadeer Ahmed Sahib, Janab Amee ...

Court : Chennai

Subject : Trusts and Societies

Acts : WAKF Act, 1995 - Sections 3, 3(3), 6, 7, 15, 32, 32(2), 54, 54(4), 50, 55, 57(1), 57(3), 59, 63, 64, 65, 66, 69, 83, 83(1), 83(2), 83(4), 83(5), 83(9), 84, 85, 90, 90(1), 90(2), 90(3), 92 and 93; WAKF Act, 1954 - Sections 15 and 69(1); WAKF (Amendment) Act, 1984 - Sections 32 and 32(1); Code of Civil Procedure (CPC) - Sections 92 and 93; Constitution of India - Article 226

Reported in : (2007)2MLJ1069

Matched in: Advocate R. Gandhi, S.C. for ;K.V. Sundararajan, Adv. S. Thiruvengadasamy, Adv. for WAKF Board, ;T.R. Rajagopalan, S.C. for ;M.L. Denis, Adv. for RR 1 and 4, ;V. Raghavachari, Adv. for R.3, ;M.S. Krishnan, Adv. for R.5, ;M.K. Hidayathullah, Adv. for RR 6

Bihar State Sunni Wakf Board, Through Its Secretary Vs. Sheikh Mohamma ...

Court : Patna

Subject : Civil

Acts : Bihar Building (Lease, Rent and Eviction) Control Act, 1982 - Sections 32; Wakf Act, 1995 - Sections 90 and 92; Code of Civil Procedure (CPC) , 1908 - Sections 151 - Order 1, Rule 10(2)

the Act would not apply in case of Wakf or Trust or Government properties.9. Section 90 of the Wakf Act, 1995 provides that in every suit or proceeding relating to a title to or possession of a Wakf property … shall issue notice to the Board at the cost of the party instituting such suit or proceeding. Whereas Section 92 of the said Act provides that in any suit or proceeding in respect of a Wakf or any

Punjab Wakf Board Vs. Sham Singh Harike

Court : Supreme Court of India

Subject : Land Acquisition

Section 55 of Wakf Act, 1954 (prior to 1984 Amendment) was as follows:13. “Section-55. Institution of suits under section 92 of the Code of Civil Procedure, 1908.- (1) A suit to obtain any of the reliefs mentioned in … land which was Wakf property, the suit clearly lay before the Wakf Tribunal as per Section 83 of Wakf Act, 1995.11. He submits that Wakf Tribunal was conferred jurisdiction of entertaining every dispute pertaining to Wakf in the Wakf

A.M. Shamsudeen Vs. A.M. Mohamed Salihu and ors.

Court : Chennai

Subject : Trusts and Societies

Acts : Code of Civil Procedure (CPC) - Sections 2(2), 92, 104, 105, 115 and 144 - Order 1, Rule 10 - Order 23, Rule 1(3) - Order 43, Rule 1 - Order 45, Rule 1; Constitution of India - Articles 32, 226 and 227; Madras Prohibition Act - Sections 4-A; Wakf Act, 1995

Reported in : (2003)2MLJ526

wakf property. There is also a plea that the civil Court has no jurisdiction after the enactment of Wakf Act, 1995. The written statement was filed before the Court on 4.2.2002 and on 20.2.2002, an application was filed under … that no distinction could be drawn between the interpretation of an Act and that of a scheme under section 92 C.P.C. and the District Court in such a scheme means not the person but the tribunal. The scheme

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) … Sahib and others filed OS No. 113/13, on the file of the Sub-Court, Bezawada (now Vijayawada), under Sections 92 and 93 of the Code of Civil Procedure and provisions of Religious Endowments Act, 1893. They prayed for

Abdul Rahiman Musaliar Vs. Muhammed Sahib

Court : Kerala

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 … such order or decree passed will be rendered void by virtue of Section 90(3) of the Wakf Act. Section 92 also indicates that a suit or other proceeding in respect of a Wakf or any Wakf property which

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 … District Court, Thanjavur framed a scheme for the proper administration of the trust, in a suit filed under Section 92 of the Code of Civil Procedure in O.S.No.21 of 1952. The scheme was amended further on 10.03.1954 and

Abdul Rehman Vs. Khuda Bax and ors.

Court : Punjab and Haryana

Subject : Property

Acts : Wakf Act, 1954

Reported in : (2000)126PLR743

the Board is a necessary party to the present suit. I have already rejected this argument. Reliance on Section 92 of the Wakf Act, 1995 is not helpful to Mr. Sibal because this section gives a discretion to … rebut the case of the plaintiffs.13. The learned counsel for the appellants relied upon Section 85 of the Wakf Act, 1995 and submitted that as per this section, no suit or other legal proceedings are maintainable in any civil