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 : Mumbai
..... cannot, merely because the notification is issued in this behalf under section 13 of the wakf act, 1995, function unless such individuals who constitute the board as members ..... the full bench observed that notification under section 1(3) of the wakf act, 1995 is the beginning of the enforcement of the act in the state ..... appointed by the notification in the official gazette by the state government under section 14(9) only after they are elected or nominated, as the case may be, in accordance with the provisions under section 14(1) of the wakf act, 1995 ..... observed in paragraph 13 that unless notification under section 14(9) is issued and members of the board are appointed, the board appointed under the waqf act,1954 shall survive the notification under section 1(3) of the act and the notification under section 13 of the waqf act, 1995 but shall cease and all members of the board appointed under section 11 of the waqf act, 1954 shall vacate their office the moment notification under section 14(9) of the waqf act, 1995 is issued ..... in view of the above, it was proposed to amend the wakf act, 1995 to provide, among others, (vii) for constituting the tribunals, for the determination of all disputes, questions and other matters relating to waqf or waqf properties, as a three member body consisting of a person not ..... . section 13 provided for incorporation of ..... 4.1.2002, the board was incorporated under section 13. ..... impossible for the state government to incorporate waqf board in terms of section 13. .....
Tag this Judgment!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. ..... it is further submitted that there is no analogy between notice under section 89 of the wakf act, 1995 and notice under section 80 of the code of civil procedure, since there is provision of sub-section (2) of section 80 of the code of civil procedure that suit may be instituted with the leave of the court, if the court is satisfied, but such provision is not there under section 89 of the wakf act, 1995, which leads to the position that concept of deemed waiver of the notice under section 89 of the wakf act cannot be imported. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is submitted that, under section 52 of the wakf act, 1995, transfer of wakf property if is in contravention of section 51, then after satisfaction of the board and after making inquiry that, immovable property of wakf entered in the register of wakf maintained under section 36, has been transferred without the previous sanction of the board and in contravention of the provisions of section 51, then only board can send requisition to the collector for obtaining delivery of the possession to the board. ..... the learned counsel appearing for the revision applicants submits that, the chief executive officer, maharashtra state board of wakf is having no jurisdiction to try and decide the matter under section 51 and 52 of the wakf act, 1995 as there is no resolution regarding delegation of power by the wakf board to the chief executive officer in the present matter. ..... the learned counsel for the revision applicants invited my attention to the provisions of sections 51 and 52 of the wakf act, 1995 and submitted that, the chief executive officer, wakf board is having no power to conduct the inquiry under sections 51 and 52 of the wakf act, 1995. ..... therefore, upon recording satisfaction that, it is necessary to take steps for recovery of the wakf property through the collector under section 52 of the wakf act, 1995, an order under section 52(1) came to be passed on 19th january, 2005. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)BomCR498; 2009(111)BomLR552; 2009(2)MhLj454
..... he further states that in view of provisions of section 85 of the wakf act, 1995, the jurisdiction of any civil court including small causes court in respect of any dispute in relation to wakf property is barred and the suit ought to have been filed before the tribunal. ..... it has also been observed that merely because section 6 and section 7 specifically mention the questions whether a particular property is wakf property or whether a person is entitled to be a mutawalli of wakf, whether wakf is shia or sunni wakf, are to be decided under the wakf act, these sections do not dilute the sweep of section 83 or section 85 thereof. ..... trust came to be registered as wakf under the provisions of wakf act, 1995 on 1.2.2008. ..... after noticing provisions of sections 6 and 7 and then section 83 of wakf act, it has been held that section 83 grants jurisdiction to tribunals to entertain any dispute with regard to wakf property. ..... he further relies upon the provisions of section 6 read with section 7 of the wakf act to contend that only disputes of nature specified therein are exempted from cognizance of civil court. ..... the provisions of section 2 of wakf act clearly show that the act applies to all wakfs whether created before, or after the commencement of the act. .....
Tag this Judgment!Court : Mumbai Aurangabad
..... it is submitted that, under section 52 of the wakf act, 1995, transfer of wakf property if is in contravention of section 51, then after satisfaction of the board and after making inquiry that, immovable property of wakf entered in the register of wakf maintained under section 36, has been transferred without the previous sanction of the board and in contravention of the provisions of section 51, then only board can send requisition to the collector for obtaining delivery of the possession to the board. ..... the learned counsel appearing for the revision applicants submits that, the chief executive officer, maharashtra state board of wakf is having no jurisdiction to try and decide the matter under section 51 and 52 of the wakf act, 1995 as there is no resolution regarding delegation of power by the wakf board to the chief executive officer in the present matter. ..... the learned counsel for the revision applicants invited my attention to the provisions of sections 51 and 52 of the wakf act, 1995 and submitted that, the chief executive officer, wakf board is having no power to conduct the inquiry under sections 51 and 52 of the wakf act, 1995. ..... therefore, upon recording satisfaction that, it is necessary to take steps for recovery of the wakf property through the collector under section 52 of the wakf act, 1995, an order under section 52(1) came to be passed on 19th january, 2005. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom92; (1952)54BOMLR702
..... in respect of which an enquiry was made and ultimately an appointment of the trustees was made was not 'wakf' within the meaning of the definition of that expression under section 2, clause (e) of the mussalman wakf act, the court of small causes had no jurisdiction to appoint any trustees.the definition of the expression 'wakf' in clause (e) of section 2 of the act is this: ' 'wakf' means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by ..... the mussalman law as religious, pious or charitable, but does not include any wakf, such as is described in section 3 of the mussalman wakf validating act, 1913, under which ..... cal 790 a division bench of the calcutta high court took the view that the provisions of the mussalman wakf act, xlii of 1923, were clearly applicable to a mixed 'wakf', that is, one that was partly a public 'wakf', devoted entirely to religious purposes, and partly a private 'wakf', and an application for an order or the 'muta-walli' of such a 'wakf' to file a statement of accounts under section 3 of act xlii of 1923 lay before the district judge. .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR2207
..... the said order of acceptance of change report then the proper remedy available under the provisions of the wakf act is to prefer an appeal / application under section 83(2) of the wakf act 1995 before the wakf tribunal. ..... the present applicant before the wakf tribunal, aurangabad under section 83(2) of the wakf act, 1995 by filing application no. ..... in section 3 of the wakf act, 1995, ..... , it is urged by the learned counsel for the applicant that once the change report is accepted by the chief executive officer, maharashtra wakf board, under section 42(1) of the wakf act, then the chief executive officer has no jurisdiction to again review its own order. ..... after the said elections were over, change report was submitted with the wakf board under section 42(1) of the wakf act along with the affidavit of the applicant and no objection certificate signed ..... a quasijudicial authority and passed the order which has decided rights of the parties and it is concluded that this order was obtained by playing fraud, then though there is no express provision under the wakf act that the ceo is empowered to review / recall his own order, yet considering the view taken by the apex court, it cannot be said that the order dated 01.12.2007 is passed without jurisdiction. ..... 8, however the said condition is incorporated in the order dated 30.08.2007 in hand writing and hence according to him if the forum has no jurisdiction to decide the point in issue, then by consent, the parties cannot choose the forum .....
Tag this Judgment!Court : Mumbai Aurangabad
..... the "mutawalli' has been defined in section 3(i) of the wakf act, 1995, as under; "3(i) "mutawalli" means any person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this act, any person, committee or corporation for ..... word 'wakf' has been defined in section 3(r) of the wakf act, 1995 and hence once the property is found to be wakf property as defined in section 3(r), then any dispute, question or other matter relating to it should be agitated before the wakf tribunal. ..... he submits that, all matters pertaining to wakfs should be filed in the first instance before the wakf tribunal constituted under section 83 of the wakf act, 1995 and should not be entertained by the civil court or by the high court straightway under article 226 of the constitution of india as held in the aforesaid ..... he also invited my attention to the provisions of section 63 of the wakf act, 1995 and submitted that, it is only wakf board which is competent authority to decide the issue of ..... only one name is mentioned of the respondent no.1, and therefore, requested to correct the said succession thereby incorporating names of all three sons of syed mansoor shah i.e. .....
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