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Wealth-tax Officer Vs. Buniyad Hussain

Court : Income Tax Appellate Tribunal ITAT Allahabad

Reported in : (1983)6ITD407(All.)

..... , had recognised the wakf only with effect from 20-6-1970 when the registered deed of wakf was executed ; (iv) that no information as required under section 3 of the mussalman wakf act, 1923, was furnished by the assessee ; (v) that no registration of the wakf was obtained under chapter 4 of the wakf act, 1954; (vi) that no registration of the wakf was obtained under the ..... also pointed out that the only consequence of non-registration of a wakf under section 29 of the u.p.muslim wakfs act, 1960, was the penalty of fine under section 54.8. ..... comes the necessity for the registration of such a wakf under the mussalman wakf act, 1923, the wakf act, 1954 and the u.p. ..... the non-registration of the wakf under the mussalman wakf act, 1923 or the wakf act, 1954, could not nullify or negative the existence of the wakf. ..... under the wakf act, 1954, wakf included a wakf by user. ..... muslim wakfs act, 1960, includes a wakf by ..... that act had repealed the mussalman wakf act, ..... muslim wakfs act, 1960, he pointed out that it included wakf by ..... wakfs act, 1960, as a shia, public, religious and charitable wakf. ..... section 54 of the act provides for the levy of pecuniary penalties by the board (sunni or shia central board as the case may be) against the mutawalli for his failure to apply for the registration of the wakf ..... muslim wakfs act, 1960 ; and (vii) that the assessee did not establish that the income from the disputed land was spent exclusively for religious and charitable purposes.accordingly, the wto maintained the .....

M. Noorulla Shariff Vs. State of Karnataka and Others

Court : Karnataka

Reported in : ILR1999KAR355; 1999(2)KarLJ408

..... on the coming into force of the wakf act, 1995, the divisional commissioner, bangalore division, bangalore, published a notification dated 30-4-1998 (annexure-a) for information of the persons eligible to get themselves registered as voters of the different electoral colleges as provided under section 14(2) of the wakf act. ..... the divisional commissioner is right in rejecting his application for inclusion of his name as a voter of the electoral college for muslim members of the bar council of the state under section 14(1)(b)(iii) of the wakf act. 9. ..... section 14(1)(b)(iii) of the wakf act reads as follows.-- ..... application was rejected by the divisional commissioner stating that the petitioner is not a member of the bar council so as to get himself registered as voter of the electoral rolls for the purpose of composition of the board under section 14(1)(b)(iii) of the wakf act. ..... the roll of advocates be considered as member of the state bar council for the purpose of including his name as voter in the electoral college meant for muslim members of the bar council of the state'.under sub-section (2) of section 3 of the advocates act, the petitioner cannot be considered as a member of the state bar council since neither he is holding any office as provided under section 3(2)(a) of the advocates act; nor elected as a member of the state bar council as provided under ..... to appreciate this contention, it is useful to refer to some of the provisions of the wakf act and advocates act, 1961. 3. .....

Mohammed Sab Wallad Gafar Sab Vs. Abdul Gani Wallad Mohammad Hayath

Court : Karnataka

Reported in : ILR1985KAR1614

..... the plaintiffs therein had obtained sanction for filing the suit under section 50 of the bombay public trust act, 1950, however, the suit having been filed in 1966 after the wakf act, 1954, had come into force in karnataka, it was held that in the absence of a sanction under section 55(2) of the wakf act 1954, the suit as filed on the basis of the earlier sanction under the bombay public trust act, was not maintainable in law. ..... defendant-1, has raised the following contentions before me:(i) that the plaintiffs had no locus standi on behalf of the mosque to file the suit and the suit is otherwise not maintainable for want of necessary sanction by the wakf board as required under the provisions of section 55 of the wakf act;(ii) that the suit document, i.e. ..... it was further urged that in the absence of a sanction under section 55 of the wakf act the suit is not maintainable.10. ..... since the suit was relating to title of a wakf property, statutory notice as required under section 57 of the wakf act was duly issued to the karnataka board of wakfs. ..... however, since the learned counsel on both sides have addressed arguments on this aspect, i shall briefly deal with the same.section 3 of the public wakfs (extension of limitation) act, 1959 reads as fellows :'section 3. .....

Abdul Rehman Vs. Khuda Bax and ors.

Court : Punjab and Haryana

Reported in : (2000)126PLR743

..... the learned counsel for the appellants relied upon section 85 of the wakf act, 1995 and submitted that as per this section, no suit or other legal proceedings are maintainable 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. ..... before benefit of section 85 of the wakf act, 1955 may be taken by the appellants, it is necessary to prove that the present controversy which only pertains to a limited aspect that the defendant is trying to change the user of the property is required to be determined by the tribunal under the wakf act, 1995. ..... reliance on section 92 of the wakf act, 1995 is not helpful to mr. ..... it was then submitted by the learned senior counsel that the suit of the plaintiffs was void under section 89 of the wakf act 1995. ..... i am of the strong opinion that in view of the provisions contained in section 66(2) of the punjab wakf act, 1954, the civil court has no jurisdiction to entertain this suit. ..... the wakf board under section 15 of the wakf act has no power to use part of the land for purposes other than the wakf. ..... he submitted that if there is any complaint about the administration of the wakf, complaint can be made under section 44 of the wakf act, 1954 and inquiry can be held under section 45. .....

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 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 the question ..... a suit for 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. .....

itc Limited and Another Vs. Union of India by Its Secretary, Ministry ...

Court : Karnataka

..... . section 112 of the wakf act, 1995 specifies, notwithstanding the repeal of the wakf act, 1954 anything done or any action taken under the said act shall be deemed to have been done or taken under the corresponding provisions of this act ..... . i) whether section 2(e)(v) of the karnataka public premises (eviction of unauthorized occupants) act, 1974 as substituted by the karnataka public premises (eviction of unauthorized occupants) act, 1974, as per amending act 22 of 1999 is repugnant to the provisions of the wakf act, 1995 and violative of article 14 of the constitution ..... . section 15 of the old wakf act, 1954 corresponds with section 32 of the new wakf act, 1995 ..... . since there is no corresponding section in the new wakf act, 1995, the resolution passed by the wakf board in the year 1981 cannot be revived ..... . further under section 32(2)(j) of the wakf act, 1995 the termination made under the old act is saved ..... . the resolution passed under the old act could be saved only if there is a corresponding section in the wakf act, 1995 ..... . thus there is no direct conflict between the wakfs act, 1995 and section 2(e)(v) of the public premises act ..... . sha in civil appeal no.3095/2005 disposed on 29.3.2006 held that the wakf act 1995 is a general act and the public premises act is a special act and therefore the general act cannot overwrite the special act and as such there is no repugnancy between the two acts .....

Sri Shinde Enterprises Vs. Arastu Talimi Trust and anr.

Court : Andhra Pradesh

Reported in : 2005(2)ALD239; 2005(2)ALT76

..... section 56(1) of the 1995 act applies to all deeds, instruments and even to the law that was in force, at the time of coming into force of the wakf act, 1995. ..... the wakf act, 1995 (for short 'the 1995 act') came into force on 22nd november, 1995. ..... as per the wakf act, 1954 and as per the wakf act, 1995 any lease, beyond three years is illegal and the plaintiff could not claim the relief on the basis of the void lease.12. ..... while reading sub-clauses to section 56 of the 1995 act, it becomes clear that a lease for a period of less than one year does not need any sanction from the wakf board, but there should be a sanction of wakf board if the lease is created between one year and three years and a lease for a period exceeding three years cannot be granted even with permission of the wakf board. ..... therefore, even if it is accepted as is contended by the learned counsel for the petitioner that there was no such restriction in 1978 when the lease deed was executed, even then, by operation of law, enunciated under section 56(1) of the 1995 act, all leases exceeding three years relating to wakf property became void. ..... however, learned counsel for the petitioner submits that in section 112 of the 1995 act, which deals with the repeal and savings, it has been laid down in sub-section (2) that:'notwithstanding such repeal, anything done or any action taken under the said acts shall be deemed to have been done or taken under the corresponding provisions of this act.'17. .....

Amir Alam Khan Vs. State of U.P. and ors.

Court : Allahabad

Reported in : 2002(1)AWC266; (2001)2UPLBEC1715

..... board is a body corporate, incorporated under the provisions of section 13 of the waqf act, 1995. ..... removal of the chairperson or any member, which the state government may, by notification in the official gazette, remove the chairperson of the board or any member thereof if he :(a) is or becomes subject to any disqualification specified in section 16 ; or (b) refuses to act or is incapable of acting or acts in a manner which the state government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the waqfs ; or (c) fails in the opinion of the board, to attend three consecutive ..... that the word 'elect' occurring in section 14(8) of the waqf act, 1995, does not mean 'election' as generally ..... --(1) the state government may, by notification in the official gazette, remove the chairperson of the board or any member thereof if he ; (a) is or becomes subject toany disqualificationspecified in section 16 ;or (b) refuses to act or is incapable of acting or acts in a manner which the state government, after hearing any explanation that he may offer, considers to be prejudicial to the interests of the waqfs ; or (c) fails in the opinion of the board, to attend three ..... section 13 of the waqf act, 1995 ..... if section 3(h) of the waqf act is incorporated by common sense then it will lead to a conclusion that the chairperson has no fixed term and hence the members, who elected him can also remove him by ..... section 13 of the act provides for incorporation .....

Sardar Khan and ors. Vs. Syed Najmul Hasan (Seth) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1447; 2007(2)AWC1571(SC); 2007(2)CTC508; (2007)3MLJ366(SC); 2007(4)SCALE81; (2007)10SCC727

..... aggrieved against the aforesaid order dismissing the suit, an appeal was filed by the plaintiffs (respondents-herein) before the high court taking the plea that by virtue of section 85 of the wakf act, 1995 (hereinafter referred to as 'the act'), the civil court ceased to have any jurisdiction in the matter, and therefore, the judgment and decree passed by the addl. ..... learned counsel for the appellants has invited our attention to sub-section (5) of section 7 and submitted that the attention of the learned single judge was not invited to sub-section (5) of section 7 of the wakf act, 1995. ..... section 6 of the wakf act, 1995 relates to the disputes regarding wakfs property. ..... , if any suit has been instituted in any civil court prior to coming into force of the wakf act, 1995, then the tribunal will have no jurisdiction to decide such matter and it will be continued and concluded as if act has not come into force.9. ..... , coming into force of the wakf act, 1995. ..... - for the purposes of this section and section 7, the expression 'any person interested therein', shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of this act, shall include also every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under section 4. .....

Gulam Abbas and ors. Vs. State of Uttar Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1981SC2198; 1981CriLJ1835; 1981(3)SCALE1707; (1982)1SCC71; [1982]1SCR1077

..... sections 28 and 29: under section 28 it is provided that a wakf registered before the commencement of this act under the 1936 act shall be deemed to have been registered under the provisions of this act; and section 29 which follows section 28: says: every other wakf, whether subject to this act or not and whether created before or after the commencement of this act shall be registered at the office of the board of the sect to which the wakf belongs'; the opening words 'every other wakf' occurring in section ..... the sunni central board or any other person interested in those waqfs challenging the decision recorded in his report by the chief or provincial commissioner for waqfs within the time prescribed under section 5(2) of the act, and, therefore, the chief commissioner's report together with the appendices x and xi thereto dated 28th/31st october, 1938, on the basis of which the notification dated 15th january, ..... 29 must mean that section 29 provides for registration of all wakfs other than those which have already been ..... as already stated the challenge to this order was incorporated in the writ petition by way of an amendment .....