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Dec 15 2015

Lal Shah Baba Dargah Trust Vs. Magnum Developers and Others

Court : Supreme Court of India

Decided on : Dec-15-2015

Subject : Land Acquisition

notification issued by the Central Government dated 14.05.2015 by which several amended acts sought to repeal including the Wakf Amendment Act, 2013 which came into force on 01.11.2013. According to the learned counsel, the said notification of the Central Government … legislature has also not provided for transfer of suits/proceedings which are instituted prior to 1.11.2013. In view of Section 6(e) of the General Clauses Act, 1897, suits/proceedings instituted before a single member Tribunal prior to 1.11.2013 shall be

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Sep 11 2015

Magnum Developers and Others Vs. Lal Shah Baba Dargah Trust and Anothe ...

Court : Mumbai

Decided on : Sep-11-2015

Subject : Land Acquisition

President and has been brought into effect in the State of Maharashtra on and from 1.1.1996. 27. The Wakf (Amendment) Bill, 2010 (Bill No.53 of 2010) dated 16.4.2010 was introduced in Lok Sabha. Perusal of the Statement of … of a three member Tribunal contemplated under amended section 83(4). The Principal Act was amended by the Waqf (Amendment) Act, 2013 (for short, 'Amendment Act') which came into force with effect from 1.11.2013. The single member Tribunal, therefore, has … the Amendment Act was brought into force. Though the Act is a Central Act, under sub-section (1) of Section 83 power is given to the … Act to continue with the proceedings till such time, the Tribunal is constituted as per amended Section 83(4). Section 6 of the General Clauses Act, 1897 deals with effect of repeal and reads as under: â6. Effect of

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Oct 20 2022

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

Decided on : Oct-20-2022

Subject : Land Acquisition

of auqaf shall be completed within a period of one year from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencement of the Wakf (Amendment) Act, … 27.9.2003, under section 5 (1) and sub-section 3 of section 4 of Central Wakf Act, 1995. The corrigendum to the aforesaid Government Gazette notification was … had the right to approach the properly constituted alternate 1 (2012) 7 SCC10623 forum viz., the Tribunal under Section 6 of the Act. No ground whatsoever existed to invoke the extraordinary jurisdiction of the High Court under Article

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Dec 23 2015

Vinjamuri Rajagopala Chary and Others Vs. Principal Secretary, Revenue ...

Court : Andhra Pradesh

Decided on : Dec-23-2015

Subject : Land Acquisition

Haryana and Himachal Pradesh where such graveyard has been leased out before the date of commencement of the Wakf (Amendment) Act, 2013. (1A) Any sale, gift, exchange, mortgage or transfer of waqf property shall be void ab initio: Provided that … of property, in respect of immovable property owned by the State or Central Government if executed by persons other than those statutorily empowered, cannot be … in Sy.No.91. 10.2 The contention of the State is that the respondent-Temple is a public institution as per Section 6(c) of A.P. Charitable and Hindu Religious Endowments Act, 1966 (for short Endowment Act'). The subject property is included

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Feb 07 2022

State Of A.p. Vs. A.p.state Wakf Board .

Court : Supreme Court of India

Decided on : Feb-07-2022

Subject : Land Acquisition

1954 Act.30. The 1954 Act was later repealed by the Wakf Act, 199521 and thereafter amended by The Wakf (Amendment) Act, 2013. Since the issues in the present matter pertain to the period prior to 2013, the relevant statutory provisions … law which corresponds to this Act, such law shall stand repealed.28. By Central Act No.34 of 1964, clause (ii) was modified in Section 3(l) of … the management of the jagirs to the Jagir Administrator under sub-section (2) of Section 5. In terms of Section 6 of the Act, the jagir shall be included in the Diwani from the appointed day and all powers,

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Apr 13 2023

Sabir Ali Khan Vs. Syed Mohd. Ahmad Ali Khan

Court : Supreme Court of India

Decided on : Apr-13-2023

Subject : Land Acquisition

It reads as follows: “112. Repeal and savings. -(1) The Wakf Act, 1954 (29 of 1954) and the Wakf (Amendment) Act, 1984 (69 of 1984) are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under … Collector, is a sequel to Section 51. Section 51(1), inter alia, before its substitution by Act 27 of 2013, read as follows: “51(1) Notwithstanding anything contained in the wakf deed, any gift, sale, exchange or mortgage of … otherwise destroys the whole or any part of the Wakf property, the Central Board may apply all or any of the provisions of this Act … Petition (C) No.5874 of 1974 challenging Order dated 12.09.1974 passed by the 6 Deputy Director, Consolidation. On 01.05.1988, it would appear that Shri Qasim Ali

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Jan 25 2019

Surender Kumar vs.m Salim

Court : Delhi

Decided on : Jan-25-2019

Subject : Education

dedication is for any purpose recognised by Muslim Law as pious, religious or charitable and as per the Wakf Amendment Act, 2013. A wakf- alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim … Eviction Petition E-80497/2016 in Mr.M.Salim vs Surender Kumar filed by the landlord/respondent herein against the tenant/petitioner herein under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (DRC Act).2. The learned Trial Court vide impugned … in the name of Mr.Ashok Dev, Advocate. The petitioner is residing at 61, Anand Lok, August Kranti Marg, New Delhi-110049, from where is running a

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Apr 28 2023

P.v. Nidhish Vs. Kerala State Wakf Board

Court : Supreme Court of India

Decided on : Apr-28-2023

Subject : Land Acquisition

Reasons to the amendment (of 2013) is extracted below: “The Wakf Act, 1995, [which repealed and replaced the Wakf (Amendment) Act, 1984]. came into force on the 1st day of January, 1996. The Act provides for the better administration … question 4 CRP No.106/2008, decided on 14.10.2008. 5 in CRP (Wakf) No.375/2012. 6 By order dated 05.08.2013, also reported as Norman Printing Bureau v PS … into effect by virtue of Section 1 (2) [“It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint”]. on 01.11.2013. As mentioned earlier, as on that date,

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Jan 19 2021

Smt. Priyadarshini Vs. The State Of Karnataka

Court : Karnataka

Decided on : Jan-19-2021

Subject : Land Acquisition

to curb organized attempts to grab lands, whether belonging to the Government, Wakf or the Hindu Religious Institutions and Charitable Endowments, local authorities or other … arise for our consideration:"Whether the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 38 of 387 2014) and Amendment Act 30 of 2020 or any of its provision requires to be struck down on the ground of same … 42.AIR1966SC43 NATHULAL Vs. STATE OF M.P. 43.(2004) 1 SC CASES597 COLLECTOR OF CENTRAL EXCISE Vs. ORIENT FABRICS (P) LTD. 44.(2005) 7 SC CASES203 STAR INDIA … one year but which may extend to three years and with fine which may extend to Rs.25,000/-. 45627.6 Section 6 speaks about offences by the Companies. Sub-section (1) would indicate that where an offence under the Act or

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Jan 19 2021

Sri Lakshmichand Vs. State Of Karnataka

Court : Karnataka

Decided on : Jan-19-2021

Subject : Land Acquisition

to curb organized attempts to grab lands, whether belonging to the Government, Wakf or the Hindu Religious Institutions and Charitable Endowments, local authorities or other … arise for our consideration:"Whether the Karnataka Land Grabbing Prohibition Act, 2011 (Karnataka Act 38 of 387 2014) and Amendment Act 30 of 2020 or any of its provision requires to be struck down on the ground of same … 42.AIR1966SC43 NATHULAL Vs. STATE OF M.P. 43.(2004) 1 SC CASES597 COLLECTOR OF CENTRAL EXCISE Vs. ORIENT FABRICS (P) LTD. 44.(2005) 7 SC CASES203 STAR INDIA … one year but which may extend to three years and with fine which may extend to Rs.25,000/-. 45627.6 Section 6 speaks about offences by the Companies. Sub-section (1) would indicate that where an offence under the Act or

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