Judgment Search Results Home > Cases Phrase: wakf act 1995 section 13 incorporation Court: kolkata Page 1 of about 528 results (0.121 seconds)

Syed ZahiruddIn Ahmed Bagdadi Vs. Board of Wakfs and ors.

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 .....

Sk. Abul Kalam and ors. Vs. Umapada Maity and ors.

Court : Kolkata

Reported in : (2007)3CALLT648(HC),2007(4)CHN962

..... bhattacharya also points out from the wakf act, 1995 that section 107 of the said act provides that 'nothing contained in the limitation act, 1963 which shall apply to any suit for possession of immovable property comprised in any wakf property or for possession of any interest in such property'.28. ..... this court also cannot be unmindful that when the plaintiffs themselves now claim that they are out of possession, the relief which the plaintiffs claimed in the suit cannot be granted because of the bar of section 34 of the specific relief act unless the plaintiffs are allowed to amend their pleadings to incorporate further relief for recovery of possession. ..... adhikary also submits that the relief for recovery of possession which is sought to be incorporated by the plaintiffs by way of amendment is barred by limitation in view of their admission in their ..... this stage, the plaintiffs/petitioners have filed an application for amendment of plaint for incorporating further reliefs by way of recovery of possession and for declaration that the impugned deed of conveyances are not binding upon the wakf estate with a further declaration that the 'a' schedule property belongs to wakf estate being wakf liluah.7. ..... relief by way of permanent injunction was also sought to be incorporated, inter alia, for restraining the defendant nos. ..... in the changed circumstances, the plaintiffs want to incorporate a prayer for declaring their right, title and interest in the said property, by the proposed .....

Manick Mohan Saha and ors. Vs. Md. Masudal Haque and ors.

Court : Kolkata

Reported in : (2005)1CALLT357(HC),2005(1)CHN512

..... this question appears in view of the provisions of section 51 of the wakf act, 1995 wherein it is stated that notwithstanding anything contained in the wakf deed, any gift, sale or exchange, 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 ..... which reads as under :'the vendors shall cause necessary notice to be served upon the board of wakf in terms of section 53 of the bengal wakf act, 1934 at least one month before the date of completion of the transaction in favour of the purchaser and shall obtain and produce for inspection the permission or sanction, if any, required by the vendors from the commissioner or the board of wakfs authorising sale of the said property by the vendors to the purchaser.'12. ..... the agreement it was provided in paragraph 6 of the agreement dated 11.8.1980......the vendors shall cause necessary notice to be served upon the board of wakf in terms of section 53 of bengal wakf act, 1934 at least one month before the date of completion of the transaction and shall obtain and produce for inspection the permission or sanction, if any, required by the vendors from the commission or the board of wakfs authorising sale of the said property by the vendors to the purchasers. ..... the circumstances, the question comes as to whether the suit will be disposed of either in terms of the bengal wakf act of 1934 or in terms of the provisions of wakf act of 1995. .....

Noorjahan Begum Vs. AmIn Ahmed Khan and ors.

Court : Kolkata

Reported in : 2006(3)CHN295

..... , even after repeal of the said bengal wakf act, 1934, the present wakf act, 1995 mandated the registration of the wakf property in terms of section 36 of the said act of 1995, but it has not changed materially the definition of wakf act in terms of section 3(r)(iii) of the said act, 1995. ..... hence, having regard to such legal position, this court is of the view that section 3(r)(iii) of the wakf act, 1995 has no applicability in respect of the wakf property covered under the wakf-alal-aulad and more particularly the beneficiary allowance issue as was identified by the wakif since cannot be considered within the definition of the wakf, surely the wakf board has no jurisdiction to increase of beneficiary amount even on consent of the mutwalli as it is a settled law that by consent of the parties a ..... under the wakf act, 1995 the wakf has been defined under section 3(r) which reads to this effect:(r) wakf means the permanent dedication by a person professing islam of any moveable or immoveable property for any purpose recognized by the muslim law as pious, religious or charitable and includes-(i) a wakf by user but such wakf shall not cease to be a wakf by a reason only of the user having ceased irrespective of the period.of such ceaser;(ii) grant including mashrut-ul-khimat for any purpose recognized by ..... said portion of the property of a wakf-alal-aulad would not come under the purview of the definition of the word in terms of section 3(r)(iii) of the said wakf act, 1995. .....

Khalilar Rahaman and anr. Vs. Golam Kibria and ors.

Court : Kolkata

Reported in : AIR1954Cal457,58CWN453

..... roy choudhury also contended that the object of the bengal wakf act, 1934 was to protect all wakf properties and that section 73, bengal wakf act should be read in a wider sense. ..... the words 'this act shall apply to all wakfs' occurring in section 3 of the bengal wakf act have to be read with the words which follow, namely, 'whether created before or after the commencement of this act, any part of the property of which is situated in bengal' ..... we accordingly hold that section 73(1), bengal wakf act, 1934 is merely an enabling section which entitles the commissioner of wakf also to file a suit referred to in section 92, civil p. c. ..... , 1908, section 14 read with section 18 of the religious endowments act, ,1863 and under section 73, bengal wakf act, 1934, in the result, the suit was dismissed.5 ..... sole question on which the learned judge based his decision was framed by him, as follows :'should the plaintiffs' suit fail for want of written consent of the wakf commissioner as required by section 73(2), bengal wakf act, 1934?'8. ..... must be borne in mind that the protection of wakf properties in general was amply ensured by the provisions contained in section 70, bengal wakf act.18. ..... nor under section 73(2), bengal wakf act, 1934 and that the plaintiffs were-co-mutwallis and were entitled to get a decree for ..... support of this contention he also referred us to section 3, bengal wakf act, 1934.15. ..... learned judge was of the opinion that the suit was barred under section 73(2), bengal wakf act, 1934. .....

The Commissioner of Wakfs Vs. Sm. Ayesa Bibi and ors.

Court : Kolkata

Reported in : AIR1966Cal68

..... b(5) dated 13th january 1957 by abdul hamid and mamud ali who is the first defendant for a sanction under section 54 of the wakf act for sale of some of the wakf properties in the hindu locality and for re-investment of the some in some other suitable place. ..... , it was quite right to strike him off as a defendant but then to hold in the same breath that although there was irregularity and although his name had been struck off, the statutory notice under section 70(1) of the bengal wakf act should or could not be given, when the most fateful step of passing the decree here on such a compromise petition secularising the wakf property is made appears to me to be not only illogical but against the statute. ..... petition of the commissioner before the learned munsif the commissioner staled that since his name was struck off from the category of the defendants the suit came within the purview and mischief of section 70(1) of the act and the commissioner of wakf was entitled in a notice to be issued by the court before it could dispose of the suit by a decree in his absence and in the absence of such notice the decree is bad and void. ..... on an interpretation of the whole of section 70 of the bengal wakf act and its five different sub-sections it is plain that the notice to the commissioner of wakf is mandatory in the cases mentioned in the different sub-sections of section 70. .....

Mustt. Nasima Khatun and Etc. Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1981Cal302,85CWN952

..... the learned counsel for the appellants has not been able to lay his hands on any of the provisions of the bengal wakf act, 1934 as amended by the said amending act of 1973 as offending the fundamental right to freedom of religion of the muslim community as guaranteed by the provisions of the constitution, except that our attention has been drawn to clause (f) of sub-section (1) of section 27 of the bengal wakf act, 1934 as infringing such fundamental right of the muslims. ..... it is contended by the learned counsel for the appellants that clause (f) of sub-section (1) of section 27 of the bengal wakf act, 1934 having provided for the creation of an education fund for the education of poor and meritorious boys and girls professing islam and reading in schools, colleges and vocational institutions has interfered with the fundamental right of the wakif and of the mutwallis of a wakf, whether public or private, to manage their own affairs in matters of religion. ..... there is, therefore, no substance in the contention of the appellants that clause (f) of sub-section (1) of section 27 of the bengal wakf act, 1934 as amended by the said amending act of 1973 is ultra vires article 27 of the constitution. ..... the commissioner of wakf, west bengal served demand notices under section 59 of the bengal wakf, act, 1934 as amended by the bengal wakf (amendment) act, 1973 demanding from the appellants certain amounts towards the contribution of wakf fund and education fund. .....

Anis Fatma Begum Vs. Board of Wakf

Court : Kolkata

Reported in : AIR2004Cal91,(2003)2CALLT39(HC)

..... in our judgment, the definition of 'wakf' in section 3(r) of the wakf act, 1995, supports such a view and also indicates 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 act, except to the extent that provision was made therein for religious and charitable purposes. 31. ..... munshi urged that the specific case of the appellant/petitioner before learned single judge was that by virtue of the definition of the expression 'wakf in section 3(r)(iii) of the wakf act, 1995, properties designated as wakf-al-al-aulad stood excluded from the purview of the said act and the administrative control of the board of wakf, west bengal. ..... while section 112 of the wakf act of 1995, provides for repeal of the wakf act, 1954 and the bengal wakf act, 1934, in its application to west bengal, it also saves anything done or any action taken under the repealed law ..... it was pointed out that the definition of the expression 'wakf' in section 3(r) of the wakf act, 1995, was the same as in section 3(1) of the wakf act. ..... having considered the submissions made on behalf of the respective parties and the language of section 3(r) of the wakf act, 1995, we are inclined to agree with mr. ..... munshi submitted that the learned single judge had misapplied the concept of non-alienability of wakf property in general in the context of the definition of 'wakf' in section 3(r) of the wakf act, 1995. mr. .....

Sekh Sajahan Vs. Shebaits of Pir Gorachand Saheb Sekh Abdul Mohit and ...

Court : Kolkata

Reported in : AIR2005Cal178

..... an interpretation of the whole of section 70 of the bengal wakf act and its five different sub-sections it is plain that the notice to the commissioner of wakf is mandatory in the cases mentioned in the different sub-sections of section 70. ..... nandy then submitted that in view of the provisions of section 70 of the bengal wakf act question of notice does not arise in this case.50. ..... in the bengal wakf act in section 3(10) the definition of wakf has been given and unless there is dedication there can't be any wakf and here the appellant could not produce any document of endowment or any dedication ..... banerjee, the learned counsel for the appellant, (1) the suit is not maintainable in view of the provisions of section 38 of the specific relief act, (2) there is no concept of shebait in mahomedan law, (3) notice on the wakf commissioner is mandatory and the commissioner of wakf should have been made party in view of the act that this is a wakf property, (4) since the defendant is in possession the suit should have been amended and recovery of possession should have been prayed for and accordingly ..... in fact challenging the judgment and decree dated 28-11-1995 and 9-12-1995 passed by the 2nd additional district & sessions judge, north 24 parganas, barasat affirming the judgment and decree dated 10-3-1991 and 16-5-1991 passed by the learned munsif, 2nd court at barasat in title suit ..... nandi relied on the decisions reported in air 1995 kerala 157, air 1997 kerala 165 and 1997 (3) scc 503.42. .....

Motleb Ali Molla (Dead) and ors. Vs. the Chief Executive Officer, Boar ...

Court : Kolkata Appellate

..... application before the wakf tribunal may be filed within 30 days from the date of the order as per section 83(2) of the wakf act, 1995 read with rule 26 of the wakf rules, 2001. ..... in view of the provisions of section 83(2) of the wakf act, 1995, if any person is aggrieved against the determination of any dispute relating to wakf matter, the aggrieved person is to file an application within 30 days from the date of such resolutions ..... appreciation, i am quoting the section 83(2) of the wakf act, 1995:-2. ..... hit by section 83(2) of the wakf act, 1995. ..... observed by the learned appellate tribunal that the appeal has not been filed as per provisions of the wakf act, 1995. ..... at the instance of the appellant and is directed against the order no.6 dated january 9, 2008 passed by the learned presiding officer, wakf tribunal, west bengal, kolkata in appeal no.6 of 2007 thereby dismissing the same on the ground of being not maintainable.2. ..... of the two matters is quite different and the appeal has been filed at the belated stage, i am of the view that the learned wakf tribunal has rightly dismissed the appeal on the ground of being not maintainable. ..... interested in a wakf or any other person aggrieved by an order made under this act, or rules made thereunder, may make an application within the time specified in this act or where no such time has been specified, within such time as may be prescribed, to the tribunal for the determination of any dispute, question or other matter relating to the wakf.4. .....