Judgment Search Results Home > Cases Phrase: wakf act 1995 section 7 power of tribunal to determine disputes regarding wakfs Page 1 of about 542 results (0.258 seconds)

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

..... the reliance placed on section 7(5) of act 43 of 1995, which is as follows:section 7.power of tribunal to determine disputes regarding wakfs:(1) to (4) ***(5) the tribunal shall not have jurisdiction by reason to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this act or which is the subject-matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, as the case ..... may be., which debars the tribunal .....

T. Shivalingam Vs. A.P. Wakf Tribunal, Presiding Officer, Hyderabad an ...

Court : Andhra Pradesh

Reported in : 1999(3)ALD646; 1999(3)ALT602

..... section 7 of the act gives power to tribunal to determine disputes regarding wakfs. ..... section 7 of the act is not a bar for entertaining of such suits but it only lays down that disputes regarding nature of property as to whether it is wakf property or not can be decided only by the tribunal. ..... the learned counsel for the petitioner submits that no other dispute regarding the property can be decided by the tribunal.2. ..... section 83 lays down that the state government shall by notification constitute tribunals for the determination of any dispute, question or other matter relating to a wakf property under this act. ..... so, it is section 83 which grants jurisdiction to the tribunals to entertain any disputes with regard to wakf property. ..... it is stated that once the properties are notified as wakf property in terms of section 5 of the act and if there is any dispute as to whether a particular property notified sa wakf property is such a property or not, the dispute can be decided by the tribunal. ..... the petitioner has conveniently forgotten to see the import of chapter-viii of the wakf act, 1995. ..... jurisdiction to entertain other types of suits with regard to property which is declared as wakf property is conferred on the tribunal by section 83 of the act.3. ..... reliance lias been placed on section 7 of the wakf act, 1995. .....

Rajendra Kumar Sharma Through His Legal Representatives Vs. Rakesh and ...

Court : Rajasthan

Reported in : AIR2009Raj13; RLW2009(1)Raj107

..... he also referred to section 7 of the act of 1995 - power of tribunal to determine disputes regarding wakfs. ..... power of tribunal to determine disputes regarding wakfs. ..... a bar to institute a civil suit in respect of disputes regarding wakf as enumerated in section 6 and 7 of the act, has been created so as to avoid any conflict in respect of jurisdiction of tribunal and the civil court and for the said purpose a specific provision has been enumerated in section 85 that no suit or other legal proceedings 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. ..... 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. ..... he further contended that the disputes regarding wakfs have been prescribed in section 6 of the wakf act and those disputes which have been mentioned in it are triable by tribunal and not by civil court. ..... if a dispute arises in respect of wakf property which is required by or under the wakf act, to be determined by a tribunal, then only a jurisdiction of civil court has been barred under section 85 of the act. .....

Sri Dattatray Hanamantrao Bidikar S/O Hanamantrao Bidikar and Sri Gaja ...

Court : Karnataka

Reported in : 2009(2)KCCR926; 2009(2)AIRKarR352

..... furthermore, section 7 of the act of 1995 deals with, the power of tribunal to determine the disputes regarding the wakf 3 which reads as under:(1) if, after the commencement of this act, any question arises, whether a particular property specified as wakf property in a list of wakfs 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 interest therein, may apply to the tribunal having jurisdiction in relation to such property, for the decision of the question and the decision of the tribunal thereon ..... provisions of section 85 of the act 1995, there is bar of the jurisdiction of the civil courts and the saidprovision reads as under: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.it provides that if any question arises to a matter relating to any wakf or wakf property, which is required to be decided by the tribunal under the act, it has to be determined by the tribunal only.10 ..... the context of this dispute pertaining to the appointment of mutawalii the hon'ble high court has also considered the question of eviction and held that the tribunal has the jurisdiction, since the dispute is regarding the wakf property and complied the provisions of section 85 of the act of 1995 granted the relief to the .....

Raju Narayanappa Othare and anr. Vs. the Registrar (General) High Cour ...

Court : Karnataka

Reported in : ILR2004KAR1454; 2004(4)KarLJ28

..... section 7(1) and section 7(5) of the wakf act, 1995, are extracted herein:section 7(1)-if, after the commencement of this act, any question arises, whether a particular property specified a wakf property in a list of wakfs 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 decision of the question and the decision of the tribunal thereon shall be final;provided that -(a) in the case of ..... analysis of exclusion clause of section 7(5) of the wakf act, 1995, clearly reveals that where a civil suit is pending for resolving a dispute as on the date the wakf act, 1995, came into force i.e. ..... has been heard and finally decided by a civil court in a suit instituted before such commencement, the tribunal shall not re-open such question.section 7(5) -the tribunal shall not have jurisdiction to determine any matter which is the subject - matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this act or which is the subject-matter of any appeal from the decree passed before such commencement in any such ..... wakf act, 1954, gave powers to the state government under section 4 of the act, to appoint a commissioner of wakfs for making a survey of the wakf properties existing in the state on the commencement of the act .....

Tehsildar (Sales), Gurgaon and Another Vs. Roshan Lal and Others

Court : Punjab and Haryana

Reported in : 2012AIR(PandH)42

..... power of tribunal to determine disputes regarding wakfs:- (1) :-if, after the commencement of this act, any question arises, whether a particular property specified as wakf property in a list of wakfs 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 decision of the question and the decision of the tribunal thereon shall be final: provided that- (a) in the case of the list of wakfs relating to any part of the state ..... , 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. 13. ..... that in the present case, the suit was filed on 7.11.1983, and the wakf act, 1995 came into force from 1.1.1996. ..... provisions of section 7(5) of the wakf act, 1995 are reproduced below:- 7. ..... by virtue of sub-section (5) of section 7, it clearly transpires that the tribunal shall not have jurisdiction to determine any matter which is the subject-matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this act, i.e. ..... , coming into force of the wakf act, 1995. .....

Mahboob Khan Vs. Mohd. Khaja and 4 ors.

Court : Andhra Pradesh

Reported in : 2005(1)ALD839; 2005(2)ALT308

..... . section 6 of the act deals with the disputes regarding wakfs and section 7 with regard to the power of the tribunal to determine disputes regarding wakfs ..... . while examining the said question, the madras high court referred to various provisions of the wakf act, 1995 and observed as follows:where petition was filed by members of zamath seeking for permanent injunction restraining the opposite party from interfering in their management of the zamath, and for temporary injunction restraining them from holding the elections, the tribunal constituted under section 83 would have no jurisdiction to entertain the petition to grant temporary injunction.13 ..... . 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 ..... 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 .....

Mirza Khusru Ali Baig,s/O Mirza Asif Ali Vs. the Andhra Pradesh State ...

Court : Andhra Pradesh

..... section 7 thereof reads as under : power of tribunal to determine disputes regarding wakfs: (1) if, after commencement of this act, any question arises whether a particular property specified as wakf property in a list of wakfs is a 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 decision of the question and the decision of the tribunal thereon shall be final : provided that : (a) in the case of the list of wakfs relating to any part ..... the brief facts leading to the filing of this writ petition are as follows:- there was a wakf called mumtaz yaruddowla wakf (for short 'the wakf').a resolution was stated to have been passed by the members/trustees of the wakf on 04.11.2013 electing office bearers.on 25.11.2013, a letter was sent by the members/trustees of the wakf enclosing the said resolution to respondent no.1- board under section 42 of the wakf act, 1995 (for short 'the parent act').on 27.11.2013, respondent no.1 has purportedly ratified the said resolution. ..... the long title of the parent act, 1995 discloses that the same is enacted to provide for better administration of wakfs and for the matters connected therewith or incidental thereto. .....

Haryana Wakf Board Vs. Mukesh Kumar

Court : Supreme Court of India

..... power of tribunal to determine disputes regarding wakfs (1) if, after the commencement of this act, any question arises, whether a particular property specified as wakf property in a list of wakfs 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 decision of the question and the decision of the tribunal thereon shall be final: provided that- (a) in the case of the list of wakfs relating to any part of the state ..... thus, on a plain reading of section 7 read with section 85 of the act, it becomes manifest that wherever there is a dispute regarding the nature of the property, namely whether the suit property is wakf property or not, it is the tribunal constituted under the wakf act, which has the exclusive jurisdiction to decide the same. ..... iii) the jurisdiction of the civil court is barred in respect of any dispute/ question or other matter relating to any wakf, wakf property for other matter, which is required by or under this act, to be determined by a tribunal iv) there is however an exception made under section 7(5) viz. ..... the issue depends upon the interpretation of section 7 read with section 85 of the haryana wakf act, 1995 (hereinafter referred to as the wakf act ). .....

Bhanwar Lal and anr Vs. Rajasthan Board of Muslim Wakf and ors

Court : Supreme Court of India

..... sugra humayun mirza wakf; 2010 (8) scc 726.the question which was posed for determination was: whether the wakf tribunal constituted under section 83 of the act, 1995 was competent to entertain and adjudicate upon disputes regarding eviction of the appellants who are occupying different items of what are admittedly wakf properties?. 18. ..... power of tribunal to determine disputes regarding wakfs (1) if, after the commencement of this act, any question arises, whether a particular property specified as wakf property in a list of wakfs 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 decision of the question and the decision of the tribunal thereon shall be final: provided that- (a) in the case of the list of wakfs relating to any part of the state ..... even in cases where the statute accords finality to the orders passed by the tribunals, the court will have to see whether the tribunal has the power to grant the reliefs which the civil courts would normally grant in suits filed before them. ..... under section 4 of the act, power is given to the survey commissioner to conduct survey and make enquiries for discerning whether particular properties are wakf properties or not. .....