Judgment Search Results Home > Cases Phrase: wakf act 1995 Page 1 of about 287,912 results (0.182 seconds)

St. Gregorious Orthodox Cathedral rep. by Its Hon' Treasurer, Mr. Math ...

Court : Karnataka

Reported in : 2008(6)KarLJ358; 2008(4)KCCR2216; 2008(5)AIRKarR350; 2008AIRSCW3862

..... is no doubt true that the wakf act, 1995 is a special enactment and has created a special tribunal in terms of section 83 of the act for resolution of disputes relating to wakf properties and management of the wakf and related matters. ..... of 2005 before the wakf tribunal, bangalore division, bangalore, a suit that had been filed by aga ali askar wakf, a wakf registered with the karnataka state board of wakfs under the provisions of the wakf act, 1995. ..... 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 of the tribunal, a 'tribunal' constituted in terms of section 83 of the act and the limits of jurisdiction being in terms of sections 83 1) and 83(2) of the act.2. ..... of the provisions of the wakf act, 1995 clearly indicates that all disputes which can be taken before the tribunal are disputes relating to the ownership of the properties as to whether it belongs to wakf or otherwise.30. ..... also for providing expedient disposal of the cases and resolution of the disputes; that a jurisdiction of this nature conferred exclusively on the tribunal cannot be in any way whittled down by giving a limited meaning to the word 'wakf' and 'wakf property' and disputes relating to wakf occurring in section 83 of the act and submits that the dispute of the present nature is squarely within the jurisdiction of the tribunal and therefore the revision petition deserves to be dismissed.21. .....

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

Court : Chennai

..... to plethora of decisions about the jurisdiction of the civil court to interfere in the matters relating to the wakf, this court having held that act 43 of 1995 is a self-contained code and that any dispute relating to the wakf has to be decided by the tribunal constituted under act 43 of 1995 and there has been a specific bar of jurisdiction of the civil court under section 85 of act 43 of 1995 relating to any wakf or wakf property or any other matter which is required to be decided by the tribunal and having found that ..... 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 to the wakf board and therefore, the scheme court has no jurisdiction. ..... the petitioner has therefore filed the present writ petition on the following grounds:(i)that by virtue of the march of law, by which the legal position has changed, even after the wakf boards have been constituted in terms of act 43 of 1995, the jurisdiction of the civil court, especially the scheme court, is not taken away and it is the scheme court which has to conduct the election as per the scheme framed on 10.2.1941 in respect of the mosque endowment .....

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

Court : Mumbai

Reported in : 2009(111)BomLR3609

..... in the said context, the contention of the learned counsel for the petitioners, that if the petitioners succeed in demonstrating that the acts challenged of the defendants are not in consonance of the provisions of the wakf act, 1995 then notice under section 89 of the wakf act, 1995 would not be necessary, would amount putting the cart before the horse, and hence, there is no substance in the said argument. ..... 1 that the code of civil procedure is a general code; whereas the wakf act, 1995 is a special act, which will override the provisions of the general code and the provision like sub-section (2) of section 80 of the code of civil procedure for dispensing with the notice is not provided under section 89 of the wakf act, 1995 and hence notice under section 89 of the wakf act, 1995 cannot be waived like waiver of notice under section 80 of the code of civil procedure. ..... 1 in not raising objection regarding non-issuance of mandatory notice under section 89 of the wakf act will not amount to deemed waiver of the said notice, as canvassed by the learned counsel for the petitioner, since there is no provision of deemed waiver of the said notice under section 89 of the wakf act, 1995, as there is no similarity and analogy between the notice under section 89 of wakf act, 1995 and notice under section 80 of the code of civil procedure. 12. .....

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

Court : Andhra Pradesh

Reported in : 2007(2)ALD213

..... therefore, i am of the opinion that the suit filed by the plaintiff is not maintainable and the provisions of the wakf act, 1995 have no application to the suit filed prior to the wakf act, 1995 came into force and further that section 107 of the wakf act, 1995 has no application but section 66(g) of the wakf act, 1954 only applies to the instant case for seeking possession of immovable property or for possession of any interest in such property. ..... therefore, i am of the opinion that the suit filed prior to the wakf act, 1995 came into force without following the mandatory provisions of section 55 of the wakf act, 1954 is not maintainable and the provisions of wakf act, 1995 cannot be made applicable as admittedly the suit was not filed after the wakf act, 1995 came into force. ..... it is stated that no civil suit in respect of dispute in question relating to any wakf or wakf property is maintainable under section 85 of the wakf act, 1995 and therefore, the suit filed before commencement of wakf act, 1995 without taking legal recourse under section 92 cpc even for declaration that the said property is a trust property is not maintainable. ..... the appeal of the wakf act, 1954 by virtue of section 112 of wakf act, 1995 shall not affect the previous operation of the provisions of wakf act, 1954 and any action taken under the wakf act, 1954 shall be deemed to have been done or taken under the wakf act, 1995. .....

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT112

..... minority affairs, government of india, new delhi, representing the 1st respondent-union of india stating that the allegation of the petitioners that the wakf act, 1995 purports to elect only one from amongst the mutawallis is factually incorrect as under sub-section (1)(b) of section 14 of the act, one and not more than two members, as the state government may think fit, are to be elected from each of the four ..... under article 25(2)(a) of the constitution the state is empowered to regulate the secular activities associated with religious practice and as the various provisions of the wakf act, 1995, are regulatory and none of the provisions lays down any restrictions or interferes with the essentials of islamic or its religious practices of muslims or ..... court of calcutta held that the legislature with deliberate intent kept private wakfs out of the ambit of the said act and the administrative control of the authorities appointed or constituted under the wakf act, 1995, except to the extent that provision was made therein for religious ..... but it is denied that the provisions of the present wakf act, 1995, which provides for election of one or two mutawallis to the wakf board is detrimental to the interests of mutawallis and is violative of article 14 of the constitution as the wakf act, 1995 does not interfere with the right of the mutawallis to manage the wakf properties under their charge so long as they manage it in accordance with the intention of the wakif and apply the income .....

Muslim Minority Front, Rep. by Its Secretary, Sri Mohd. Abdul Muqueet ...

Court : Andhra Pradesh

Reported in : 1996(2)ALT30

..... of the bar council of the state and mutawallies of the wakfs who qualified having an annual income of rupees one lakh and above by election as envisaged under section 14 of the wakf act, 1995.the savings need not be referred to the general clauses act for section 112 of the wakf act, 1995 has along with the repeal of the wakf act, 1954 envisaged not with standing such repeal anything done or ..... the board in conformity with the freedom to manage religious affiars, one of the basic or the fundamental of the india's democratic quality that section s 13 and 14(9) of the wakf act, 1995 have provided for a balance between the elected members of the board and the nominated members of the board by providing inter alia that the number of elected members of the board ..... with that of the power of the state government to appoint the members of the board by notification in the official gazetee as contemplated under section 14(9) of the wakf act, 1995 on being elected from each of the electoral colleges consisting of muslim members of parliament from the state, muslim members of the state legislature, muslim members of the bar council and mutawallis ..... the state government has at present proceeded to issue notification for the board which shall be constituted in accordance with the provisions under section 14 of the wakf act, 1995 and on such constitution and the appointment of the members on being nominated by the state government as contemplated under section 14(1)(c)(d) and (e) and on being .....

Trimbak S/O Khankdappa Bele Agriculturist and Sugreeva S/O Dhanappa Be ...

Court : Karnataka

Reported in : 2007(2)KarLJ82

..... for purpose of section 6 & 7 and mat a conjoint reading of section 6(5) and section 7(5) or the act makes it clear that after the commencement of the wakf act, 1995, no suit or other legal proceedings shall be instituted or commenced in a court in relation to any question referred to in sub-section (1) of section 6 of the act and the tribunal is empowered with jurisdiction in respect of a dispute after the commencement of the act further, the 1995 act provides the tribunal with jurisdiction of the civil court in respect of any dispute, question ..... per contra, counsel for the respondent - wakf board submitted that when once the property is held as a wakf property, a person interested therein though may be a non-muslim still, the wakf act applies although there is no such notification being issued subsequently after the wakf act 1995 is indicated and the jurisdiction of the wakf tribunal oust the jurisdiction of the civil court as per section 85 of the act and accordingly contended that mere is no illegality in transferring the case from the civil ..... it is also averred that at the instigation of respondents 2 to 5, the 1st respondent has issued a notice dated 3.8.2000 purporting to be under section 54 of the wakf act 1995 wherein for the first time noting that there is a darga called abdul ali darga in the suit property, in the gazette notification dated 29.1.1975 at sl. no. .....

Manjula Varsheney and Another Vs. A.P. State Wakf Board and Others

Court : Andhra Pradesh

Reported in : 2000(1)ALD452; 1999(6)ALT725

..... vedula venkata ramana, contendsthat the board has no jurisdiction or authority in law as the provisions of the wakf act, 1995 (for short 'the act'), do not confer any jurisdiction upon the board to determine the tenancy between the wakf institution and its tenants. ..... section 51 of the wakf act, 1995, declares that notwithstanding anything contained in the wakf deed, any gift, sale, exchange or mortgage of any immovable property which is wakf property, shall be void unless such gift, sale, exchange or mortgage is effected with the prior sanction of the board. ..... it is submitted that under section 32 of the wakf act, 1995, the board has jurisdiction in law to determine the lease. ..... whether the wakf board is entitled to issue such a notice in purported exercise of its power under section 32 of the wakf act, 1995. 10. ..... in my considered opinion, section 32 of 1995 act, confers a very wide power upon the wakf board, including the power to issue necessary directions for the proper administration of the wakf and muthawalli of the wakfs are bound to comply with all such lawful directions. ..... it is to be noticed that section 32 of 1995 act, imposes a duty upon the wakf board to exercise its power under the act to ensure that the wakfs under itssuperintendence are properly maintained, controlled and administered. ..... section 32(1) of 1995 act, confers power upon the wakf board to institute and defend suits and the proceedings relating to wakfs. .....

A.S. Abdul Khader Wakf for Deeni Talim Vs. Saber Miah

Court : Andhra Pradesh

Reported in : 2003(6)ALD625; 2003(6)ALT469

..... per contra sri mirza imamullah baig, learned counsel representing the respondents had drawn our attention to section 15(2) of the wakf act, 1954 and section 32(2) of the wakf act, 1995 and also section 112(2) of the wakf act, 1995 and had contended that in view of the specific conferment of power to institute and defend suits on the wakf board, especially in the absence of delegation, at any stretch of imagination it cannot be said that a mutawalli has power to institute such suits. ..... section 15 of the wakf act, 1954 which had been repealed by the present act - wakf act, 1995, had dealt with the functions of the board and section 15(2)(h)(i) of the said act had specified the power of the board to institute and defend suits and proceedings in a court of law relating to wakfs. ..... sri vedula venkata ramana, the learned counsel representing the appellant in this batch of second appeals in all fairness had submitted that under section 15(2) of the wakf act, 1954 and section 32(2) of the wakf act, 1995, power is conferred on the wakf board to institute suits. ..... the questions which had been referred to the division bench are as hereunder:(a) in view of the provisions of the wakf act, 1954 and the wakf act, 1995, whether a mutawalli can institute or defend a suit in relation to the properties of the wakf if so, under what circumstances ? .....

Mahboob Khan Vs. Mohd. Khaja and 4 ors.

Court : Andhra Pradesh

Reported in : 2005(1)ALD839; 2005(2)ALT308

..... the appellate court taking into consideration the points whether the suit property is a wakf property, whether the suit dispute is a dispute covered by section 85 read with section 6 of the wakf act, 1995 (for short 'the act') and the legal position placed before it, observed that under section 83 of the act the wakf tribunal is a civil court and the procedure laid down in the code of civil procedure for trial of the suit or for execution of a decree is also ..... while examining the said question, the madras high court referred to various provisions of the wakf act, 1995 and observed as follows:where petition was filed by members of zamath seeking for permanent injunction restraining the opposite party from interfering in their management of the zamath, and for temporary injunction ..... extended to the tribunal under sub-sections 5 and 8 of section 83, and that the tribunal can entertain the suit under section 6 of the act to deal with ..... permanent injunction restraining the defendants from interfering with construction of shops in mosque premises does not fall within the ambit of sections 6, 7 and 83 of the wakf act, 1995; therefore, the question of instituting a suit in the tribunal does not arise.10. .....