Judgment Search Results Home > Cases Phrase: wakf act 1995 section 13 incorporation Page 8 of about 22,813 results (0.085 seconds)

Mariam Bai Vs. Mohamed Jaffar Abdul Rahiman Sait and ors

Court : Chennai

Reported in : AIR1973Mad191

..... be one which is recognized by muslim law as pious, religious or charitable and the objects of public utility which may constitute beneficiaries under the wakf must be objects for the benefit of the muslim community and that the wakfs with which the act deals are trusts which are treated as wakfs under the definition of section 3(1) of the wakf act of 1954 and as such, a trust which does not satisfy the tests prescribed by the said definition would be outside the ..... the learned subordinate judge has held that by virtue of section 6 of the muslim wakf act 20 of 1954, the present suit is barred by limitation as the plaintiffs did not file the suit within one year of the publication of the list of wakfs it is really unnecessary to decide this question in view of our decision on the merits of the claim of the appellant. ..... he held that the language of section 6(1) of the wakf act applied to the facts of that case and that the suit before him would come within the scope of that provision and consequently they would be barred by limitation. ..... but the wakf act of 1954 has been amended by act 34 of 1964 under which the definitions of 'beneficiary' and 'wakf' have been amended by including wakf sanctioned by the muslim law as coming under the wakf act. ..... has held that the coming into force of act xxxiv of 1964 amending the wakf act of 1954 will have to be taken into account and that the donation of an immovable property even though by a person not professing islam. .....

ibrahimsab S/O Hussainsab @ Hassansab Tharthari, Chairman Chingisha Da ...

Court : Karnataka

..... has only recognized the first respondent's right to continue as mutawalli as per the order passed by the board dated 31.1.1976 and the order is not with regard to appointment of mutawalli or removal of mutalli under section 63 and 64 of the wakf act, 1995 which sections deal with the power of the board to appoint mutawalli in certain cases and with regard to removal of mutawalli and the challenge made against the order of the law committee does not fall under ..... the nomenclature used is appeal under section 83 of the wakf act, whereas, the said order is appealable under section 83 of the wakf act, 1995 the right of appeal is a statutory right, unless an appeal is provided under the act, it cannot be entertained as an appeal. ..... any of the two sections as referred above further, it is specifically opined by the 4th respondent-tribunal that the order of the law committee refers to hereditary mutawalliship of first respondent which comes under sections 63 and 69 of the act, which ..... an application filed under order 41 rule 10 read with section 83 of the wakf act 1995 for staying the operation of the order dated 21.6 1997 bearing no. .....

Zaheer Ahmed Khan Vs. A.P. State Wakf Board

Court : Andhra Pradesh

Reported in : 2003(3)ALD469; 2003(4)ALT288

..... state wakf board, as arbitrary and illegal and contrary to section 64(5) of the wakf act, 1995.'2. ..... section 64 of the wakf act, 1995 provides for removal of mutawalli. ..... to submit his explanation for the allegations levelled against him within 7 days from the date of receipt of the said notice and placing him under suspension for a period of 10 days invoking the provisions under section 64(5) of the wakf act, 1995. ..... this court by order dated 6.12.1999 allowed the writ petition and the order of termination was set aside, observing that if the wakf board decides to proceed against the petitioner under section 64 of the wakf act, it is open to the board to do so and that till the enquiry is conducted, the petitioner shall not deal with movable or immovable property of the dargah.3. ..... therefore, i am not inclined to express any opinion with regard to the contention of the petitioner as to the compliance with section 70 of the wakf act nor regarding the correctness of the irregularities alleged. ..... 1103 of 2002 filed by the petitioner was allowed by a division bench of this court holding that the chief executive officer has no jurisdiction to issue orders initiating enquiry under section 71 of the wakf act.4. ..... while so, on the basis of certain complaints received against the petitioner alleging that he sold out the properties of the institution illegally, an enquiry officer was appointed to enquire into the allegations by invoking the powers under section 71 of the wakf act. .....

Hazrat Syed Shah Mastershid Ali Al Quadari Vs. the Commissioner of Wak ...

Court : Supreme Court of India

Reported in : AIR1961SC1095; [1961]3SCR759

..... we are concerned with sections 40 and 29 of the bengal wakf act. ..... in exercise of the powers vested in them under section 29 of the act, this board resolve that the commissioner of wakfs be authorised to exercise and perform, subject to the control and approval of this board, the following powers and duties conferred or imposed on this board by the section of the act mentioned against each case :- * * * (c) the powers of this board under section 40 to appoint a temporary mutwalli.' 6. ..... it is contended in this appeal that the order of the commissioner appointing a temporary mutawalli was illegal, because under the rules framed by the government, only the board constituted under the bengal wakf act could make the appointment. ..... section 40 reads as follows : 'in the case of any wakf of which there is no mutwalli or where there appears to the board to be an impediment to the appointment of a mutwalli the board, subject to any order of a competent court, may appoint for such period as it thinks fit a person to act as mutwalli.' 4. ..... 40 of the bengal wakf act, appointed syed shah rasheed ali al quadari (the third son of hazrat sahib) as a temporary mutawalli. ..... after the death of hazrat sahib, the appellant, claiming to succeed to his father as sajjadanashin, being his eldest son, made an application to the commissioner under the bengal wakf act. .....

itc Limited Corporate Head Quarters, and ors. Vs. Union of India by It ...

Court : Karnataka

..... section 15 of the old wakf act, 1954 corresponds with section 32 of the new wakf act, 1995 ..... section 112 of the wakf act, 1995 specifies, notwithstanding the repeal of the wakf act ..... 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(c)(v) of the public premises act ..... the supreme court in jabbar baig vs darga h.a.uha sha & n sha n sha in civil appeal no.3095/2005 disposed oii 29.3.2006 held drat dre 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 ac's ..... . further there is no corresponding provision under the present wakf act 1995 and the resolution passed by the wakf board is not revived and consequently the entire proceedings before the competent authority are without ..... . 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 ..... thereby section 51 to 54 of the wakf act do not empower the wakf board to evict a lessee who becomes unlawful occupant ot wakf properly under the provision of wakf act ..... subsequently the wakf ac:, 1954 came to be repealed with effect from 01.01.1996 by enacting the wakf act, 1995 ..... 1954 the schedule property was included in the list of wakfs notified by the karnataka state board of wakfs under .section 5(2) of the wakf act .....

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. .....

Sayed Muhammed Mashur Kunhi Koya Thangal Vs. Badagara Jumayath Palli D ...

Court : Supreme Court of India

Reported in : AIR2004SC4365; 2004(4)AWC2893(SC); JT2004(6)SC556; (2005)1MLJ194(SC); 2004(7)SCALE53; (2004)7SCC708

..... in the result, the appeal is allowed, the impugned judgment is set aside except the direction given to the wakf board to act under section 63 of the wakf act, 1995 and the suit filed by the plaintiff is dismissed. ..... in other words, the direction given by the high court to the wakf board to exercise power under section 63 of the wakf act, 1995 is maintained. ..... whether this court is competent to decide the question of wakf in view of section 85 of the wakf act, 1995?2. ..... in the case on hand, as already noticed above, neither there was pleading specifically in that plaint as to the plaintiff actually acting as a mutawalli to come within the scope of section 3(f) of 1954 wakf act nor acceptable and sufficient evidence was placed on record to prove it as a fact. ..... according to him, having regard to the definition of mutawalli given in section 3(f) of the wakf act, 1954, the plaintiff-committee was mutawalli by virtue of the fact that it was acting as a mutawalli even assuming that exbt. ..... a further direction was given to the wakf board to exercise its power under section 63 of the wakf act and to appoint a mutawalli in place of the plaintiff making it clear that the decree granted to the plaintiff could be executed by the plaintiff or if the plaintiff is removed, by another mutawalli appointed by the wakf board. ..... no issue was raised by the trial court as to whether the plaintiff was a mutawalli as per section 3(f) of the wakf act 1954. .....

Board of Muslim Wakfs, Rajasthan Vs. Radha Kishan and ors.

Court : Supreme Court of India

Reported in : AIR1979SC289; (1979)2SCC468; [1979]2SCR148

..... it would certainly have been better if the legislature had inserted a provision like section 6-c incorporated in the mussalman wakf act, 1923 by the mussalman wakf (bombay amendment) act, 1935, which was in force in the states of maharashtra and gujarat, namely :6-c. ..... it will be noticed that sub-section (1) of section 6 of the act is based on sub-section (2) of section 5 of the united provinces muslims wakf act, 1936, which runs thus :the mutawalli of a wakf or any person interested in a wakf or a central board may bring a suit in a civil court of competent jurisdiction for a declaration that any transaction held by the commissioner of wakfs to be a wakf is not a wakf, or any transaction held or assumed by him not to be a wakf, or that a wakf held by him to pertain to a particular sect does not belong to that sect, or that any wakf reported by such commissioner as being ..... the questions that fall for determination upon the appeal are two; first, whether a commissioner of wakfs appointed under sub-section (1) of section 4 of the wakf act, 1954, has the jurisdiction under sub-section (3) of section 4 to enquire whether a certain property is wakf property or not when such a dispute is raised by a stranger to the wakf and second, if so, whether the failure of such a person to institute a suit in a civil court of competent jurisdiction for decision of such question within a period of one year, as provided for under sub .....

Tamil Nadu Wakf Board Vs. S. Syed Inam Saheb and anr.

Court : Chennai

Reported in : AIR1983Mad297

..... the learned counsel for the board of trustees the first respondent herein, contends that the suit property is not a wakf property, as it has been donated by a person professing hindu faith, which stands excluded from the definition of 'wakf' in section 3 (1) of the wakf act, that even if the property is held to be a wakf property, still the administration of the same, has to be in accordance with the terms of the scheme decree, and that in this case, the sanction has obtained for leasing ..... if it is a wakf property, whether the sanction obtained from the civil court as per the scheme decree for leasing out the property in favour of the second defendant is sufficient, or, whether an application under section 36-a of the wakf act is necessary to sustain the validity of the lease deed?9. ..... defendant, who is the secretary of the board of trustees of the said dargah, for a period of 25 years for erecting a permanent cinema theatre, by an agreement dated 7-5-1971, without obtaining the sanction from the plaintiff, as required under section 36-a of the wakf act. ..... which applies the act to certain grants made by non-muslims, no dedication made by a non-muslim would be part of the wakf property, and a plain reading of s 66-c indicates that it does not contemplate a non-muslim creating a wakf himself, though under that section, he can donate property to an already existing wakf and that too, if the wakf is one coming under any of the three clauses mentioned therein.13. .....

Syed Kausar Shah S/O Mansoor Shah Vs. Syed Gous Ahmed Shah S/O Syed Ma ...

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. .....