Court : Andhra Pradesh
Reported in : AIR2006AP330; 2006(4)ALD769; 2006(4)ALT736
..... section 107 was incorporated in the wakf act, 1995 which replaced the wakf act ..... 136 of the limitation act, 1963 (for short 'the limitation act') prescribed the period of limitation for executing the decree, other than a decree of injunction, as 12 years, but in view of the provisions of section 107 of the wakf act, 1995 (hereinafter referred to as the 'wakf act'), which barred the application of the provisions of the limitation act, in relation to recovery of wakf properties, the e.p. ..... to section 107 of the wakf act, 1995 is found in the wakf act, 1954 ..... the provisions of the limitation act can be made applicable to the present petition, filed by the petitioner-plaintiff to execute the decree obtained much before the wakf act came into force, it is appropriate to refer to section 107 of the wakf act, which reads as follows:act 36 of 1963 not to apply for recovery of wakf properties: nothing contained in the limitation act, 1963 (36 of 1963) shall apply to any suit for possession of immovable property comprised in any wakf or for possession of any ..... it is the submission of the petitioner-plaintiff that having regard to the provisions of section 107 of the wakf act, which barred application of the provisions of the limitation act, the limitation of 12 years provided under article 136 of the limitation act, has no application to the wakf properties, and as such, the execution petition, filed by the petitioner-plaintiff, could not have been rejected by the court below on the ground .....
Tag this Judgment!Court : Chennai
..... section 85 of the wakf act incorporates the same and bar of jurisdiction of civil court is contemplated under section 85 of the wakf act, 1995 in respect of wakf property. ..... 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 or legal proceedings in respect of any dispute relating to any wakf has been barred. ..... section 85 of the wakf act runs thus:- "section 85:- bar of jurisdiction of civil courts:- no suit or other legal proceeding shall lie in any civil court in respect of any dispute, question or other matter relating to any wakf, wakf property or other matter which is required by or under this act to be determined by a tribunal."7. ..... under section 83 of the wakf act, the wakf tribunal is constituted to determine any dispute, question or other matter relating to a wakf or wakf property. ..... as per section 6 of the wakf act, if any question arises whether a particular property is a wakf property or not, the board or the muthawali of the wakf may institute a suit in a tribunal for the decision of the question and the decision of the tribunal in respect of such matter shall be final.11. ..... the bar of jurisdiction contained in section 85 is in that sense much wider than that contained in section 6(5) read with section 7 of the wakf act. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(2)ALT30
..... legislature, muslim members 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 any action taken under ..... government without there being any inhibition on its power 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 ..... incorporation of boards and their functions is contemplated in chapter iv of the wakf act, 1995 ..... the submissions of the learned advocate-general in this behalf we record specifically that we express no opinion of our own whether incorporation of the board under sub-section (1) of section 13 is final and whether the state government can still decide to have separate boards for sunni wakfs and shia wakfs. ..... incorporation:-'(1) with effect from such date as the state government may, by notification in the official gazette, appoint in this behalf, there shall be established a board of wakfs under such name as .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT112
..... the principle is reinforced by the concept of wakf by user as incorporated in section 3(r)(ii) of wakf act, 1995.grants and mashrut-ul-khidmat:36. ..... by the under secretary, ministry of 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 electoral colleges and, therefore ..... it is stated that although the said amendment was made to the proviso in the year 1984 many of the provisions including section 10 of the wakf act, 1995, could not be enforced in view of the strong opposition expressed by muslim members of parliament and also from the muslim institutions. ..... it is further stated that the wakf act, 1995 provides for the better administration of the wakfs and matters connected thereto and the constitution of the wakf board in terms of section 14 of the wakf act, 1995 comprises of such persons as are elected from amongst the muslim members of parliament, muslim members of state legislative, muslim member of bar council of the state and muthawallies of the wakfs having annual income of rupees one lakh or more and nominated members from the muslims organization and muslim .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT22(HC)
..... the provision of section 13 of the wakf act 1995 is in respect of incorporation of the board which is appointed by the state government by the notification in the official ..... of a mutwali has not been prescribed in the wakf act, 1995 in such wording, there is provision for removal of mutwali under statutory provision of section 64 of the act.28. ..... any further detail to analyse the authority of the board of wakf to reverse its previous order without taking the course of review (which the present act does not provide) or an enquiry as per provision of section 64 of the act, the reference of the powers and function of the board as provided in the wakf act, 1.995 is to be looked into in respect of the ..... it is fact that in the four corners of wakf act there is no provision for making review of its own order by the board of wakf nor there is any whisper in any of the sections that the board may rectify an error created by a previous order of the board passed on the same subject, it is fact that administrative authority has got no inherent power to ..... or intended:provided that in exercising its powers under this act in respect of any wakf, the board shall act in conformity with the directions of the wakif, the purposes of the wakf and any usage or custom of the wakf sanctioned by the school of muslim law to which the wakf belongs.explanation: for the removal of doubts, it is hereby declared that in this sub-section, 'wakf includes a wakf in relation to which any scheme has been made by .....
Tag this Judgment!Court : Chennai
..... 38.what sub sections (1) and (2) of section 32 seek to do is just to incorporate the salient features of section 92 of the code of civil procedure into the wakf act 1995. ..... court passed the following order:- considering the nature of dispute and the allegations made by either side in the civil revision petitions and the fact that the writ petition is filed challenging the provisions of section 32(1) of the wakf act, 1995, this court feels that as an interim arrangement, it is but necessary that the administration of the trust should vest in a neutral party. ..... he would also further submit that his clients filed a writ petition in w.p(md)no.15524 of 2012, challenging the vires of the explanation, to section 32(1) of the wakf act, 1995 before the division bench of this court and when the matter came up for hearing, the division bench intended to have the matter before a newly constituted bench for this purpose. ..... contention of the learned senior counsel for the petitioner is that under section 14 of the wakf act, 1995, the wakf board shall consist of (a) a chairperson (b)one and not more than two members elected from each of the electoral colleges consisting of (i)muslim members of parliament from the state, (ii)muslim members of state legislature, (iii)muslim members of the bar council of the state and (iv)mutawallis of wakfs having an annual income of rs.1 lakh and above c)one and not more .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2009MP238; 2009(5)MPHT271
..... before dilating upon the submissions, we note that the wakf act, 1995 has been enacted to bring a new comprehensive act with respect to wakf matter incorporating the features of 1954 act and such provisions of 1954 act with respect to which near reached consensus after holding wide discussion wakf tribunal has been constituted so as to consider matters about wakf property and wakf. ..... in the writ petitions common question is involved with respect to interpretation of provision of section 85 of the wakf act, 1995 whether the suit filed by the wakf for ejectment of the tenant is maintainable before the civil court or such a dispute is to be adjudicated by wakf tribunal, under the wakf act, 1995.2. ..... in the circumstances, i am of the opinion that the bar created by section 85 of the wakf act, 1995 does not apply in the present case, which pertains to a suit for eviction of the tenant from the disputed shop after determination of the tenancy/lease. ..... , the submissions made by the learned counsel for the petitioner (defendant) in this regard, cannot be accepted.we are unable to agree with the view propounded by learned single judge of the allahabad high court as in our opinion, section 85 is in two parts in the aforesaid decision the second part has been taken to govern even the first part, in our opinion, the words 'any dispute, question or other matter' used in the first part .....
Tag this Judgment!Court : Mumbai
..... notification reads as under: "in exercise of the powers conferred by sub-section (1) of section 4 of the wakf act, 1995 (43 of 1995), governmentof maharashtra hereby appoints,- (a) settlement commissioner and director of land records, maharashtra state, pune to be a survey commissioner of wakfs; and (b) additional commissioners of konkan, nashik, pune, nagpur, amravati and aurangabad revenue divisions to be a additional survey commissioner, for the purpose of making a survey of wakfs existing on the 1st day of january, 1996 in the state of ..... first taking up for consideration, the question whether the notification dated 4-1-2002 incorporating the wakf board for the state of maharashtra is valid or invalid is concerned, for consideration of this question sub-sections 1 to 3 of section 4 of wakf act are relevant. ..... a new board or boards are incorporated under the act and they are constituted in accordance with the provisions of the act and the board or boards start functioning in accordance with the provisions of the wakf act, the provisions of the bombay public trust act will apply to the such muslims public trusts, which are registered under the bombay public trust act. ..... possible to say that after a wakf board is incorporated under the wakf act and it becomes effective and starts controlling the affairs of the muslim trusts, which are registered under the wakf act, then the provisions of the bombay public trust act may cease to operate in relation to such public trusts/wakfs. .....
Tag this Judgment!Court : Mumbai
..... notification reads as under: "in exercise of the powers conferred by sub-section (1) of section 4 of the wakf act, 1995 (43 of 1995), governmentof maharashtra hereby appoints,- (a) settlement commissioner and director of land records, maharashtra state, pune to be a survey commissioner of wakfs; and (b) additional commissioners of konkan, nashik, pune, nagpur, amravati and aurangabad revenue divisions to be a additional survey commissioner, for the purpose of making a survey of wakfs existing on the 1st day of january, 1996 in the state of ..... first taking up for consideration, the question whether the notification dated 4-1-2002 incorporating the wakf board for the state of maharashtra is valid or invalid is concerned, for consideration of this question sub-sections 1 to 3 of section 4 of wakf act are relevant. ..... a new board or boards are incorporated under the act and they are constituted in accordance with the provisions of the act and the board or boards start functioning in accordance with the provisions of the wakf act, the provisions of the bombay public trust act will apply to the such muslims public trusts, which are registered under the bombay public trust act. ..... possible to say that after a wakf board is incorporated under the wakf act and it becomes effective and starts controlling the affairs of the muslim trusts, which are registered under the wakf act, then the provisions of the bombay public trust act may cease to operate in relation to such public trusts/wakfs. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP8
..... act 1 of 1995 sections 55-a to 55-g in the principal act, were incorporated and in the present case, i am concerned with section 55c of the act, which provides for bar of jurisdiction of civil courts in respect of matters required to be determined by tribunal and section 55-g ..... the court issued a memorandum dated 1-2-1995 addressed to all the district and sessions judges requiring them to transmit the records of pending cases under section 6(1) of the wakf act, 1994 (as amended by the wakf (m. p. ..... power of tribunal to determine dispute regarding wakfs:-- (1) if after the commencement of the wakf (madhya pradesh amendment) act, 1994 any question arises whether a particular property specified as wakf property in a list of wakfs published under sub-section (2) of section 5 is wakf property or not, or whether a wakf specified in such list is a shia wakf or a sunni wakf, the board or the mutawalli of the wakf, or any person interested therein may apply to the tribunal having jurisdiction in relation to such property for the ..... the state government shall by notification in the official gazette, constitute as many tribunals as it may think fit for the determination of any dispute, question or other matter relating to a wakf or wakf property which such tribunal is or may be, required to determine under this act, or any rule or order made thereunder and may, by the same or subsequent notification in the official gazette, define the local limits of the area in relation to which each tribunal .....
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