Judgment Search Results Home > Cases Phrase: wakf act 1995 section 7 power of tribunal to determine disputes regarding wakfs Court: jammu and kashmir

Syed Maqbool Shah and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : AIR2004J& K52,2003(3)JKJ473

..... the challenge was inter alia on the following grounds; that the special officer appointed under the j&k; muslim wakf act, 1959 in his report dated 9.8.1969 found two ziarats out of the purview of wakf act; the report of the special officer had become final under section 61 of the wakf act as no appeal was filed against it; the report of the special officer dated 5.8.1979 is based on no evidence as he neither invited objections nor heard the writ petitioners; sro 619 of 1979 ..... the special officer did not make any detailed inquiry to determine whether the property was owned by the writ petitioner as it had come to them through their ancestors. ..... the reading of the order of the appellate authority does not indicate that such a grievance was made in this regard at the time of hearing of the appeal. ..... , air 1931 lahore 607, a division bench of the lahore high court while dealing with the question whether the property in dispute is a wakf held that, 'when a long period has elapsed since the origin of the alleged wakf, user can be the only available evidence to show if the property is or is not wakf. ..... under the provisions of the new act the government in exercise of its powers appointed sh. a.w. ..... peer nizam-ud-din and one syed maqbool shah son of syed mubarik shah alleging themselves to be the shajjad nisheen of the ziarats filed appeal under section 6(2) of 1978 act before the minister-in-charge, muslim auqaf affairs, jammu who had been vested with the powers of appellate authority. .....

Residents of Channi Himmat and anr. Vs. State of J and K and ors.

Court : Jammu and Kashmir

..... the private respondent in these appeals contended in the writ petition filed by him that he is running an educational institution from a wakaf property wherefrom he has been directed to be evicted by an order dated december 27, 1995 passed by the authority constituted by the j&k; wakaf act, 1978; as a result the private respondent preferred an appeal before the j&k; special tribunal against the said order of eviction and therein prayed for stay of the order of eviction which was granted on january 9, 1996. ..... assuming that in terms of the provisions contained in section 66 of the act, having regard to the decision of the government contained in its order dated august 24, 2000, the government could direct that the land in question should be leased by the board upon accepting 50% of the cost thereof as premium and, for ..... is no dispute at the same time that the scheme was not altered in accordance with the provisions contained in section 18 of the said act. ..... what has been stated above, there is no dispute that the land in question vested in the housing board, which is a body corporate incorporated and established by and under the jammu and kashmir housing board act, 1976. ..... we have seen, and there appears to be, no dispute that the private respondent is the owner of an educational institution known as j. s ..... at the same time, there is no dispute that the rules have not been framed by the ..... there is also no dispute that the land in question is situate within the area of an approved housing .....

Manzoor Ahmad Wangnoo and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2007(3)JKJ388

..... 101 herein which reads as under:in pursuance of the procedure of eviction as laid down in sections 44 and 56 of j&k; wakfs act 2001 as extended to j&k; muslim specified wakfs and specified wakf properties (management, and regulation) act 2004 (section 22), the powers of chairman, tehsil committee and the appellate authority shall be exercised by the following authorities of the ..... august, 2005 provides that the eviction orders can be challenged before the appellate authority as laid down in sections 44 and 56 of j&k; wakfs act 2001. ..... recovery of wakaf property and procedure for eviction: the provisions of sections 44 to 56 (both inclusive) of the j&k; wakaf act, 2001 shall mutatis mutandis apply for recovery of the wakafs and properties covered under section 3 and eviction of unauthorized occupants thereof subject to the modification that the powers of the chairman, tehsil committee and the appellate authority under the said provisions shall be exercised by such person or authority as the chairman may, from time to time, ..... khalid mujib sehravardi reported in : (1981)illj103sc , for determining the legal character of a company or corporation as an instrumentality or agency of the government:(1) one thins is clear that if the entire share capital of the corporation is held by government, it would go a long way towards indicating that the corporation is an ..... the companies incorporated under the companies act were not regarded as state.apex court in case titled praga tools corporation .....

inhabitants of Nowpora and ors. Vs. Chief Executive Officer and ors.

Court : Jammu and Kashmir

Reported in : 2007(1)JKJ346

..... provision of law, it clearly provides that no suit or other legal proceedings shall lie in any civil court or tribunal in respect of any dispute, question or other matter relating to the title, possession or any interest relating to wakaf property covered under section 3 or any other matter which is required by, or under, the act to be determined by the authority under the wakaf act.22. ..... any other law for the time being in force, no suit or other legal proceedings shall lie in any civil court or tribunal in respect of any dispute, question or other matter relating to the title possession or any interest relating to wakaf property covered under section 3 or any other matter which is required by, or under, the act to be determined by the authorities under the act. 21. ..... viewed thus, the wakaf act applies to the suit property and in terms of section 22-g civil court lacks jurisdiction ..... it is necessary to notice section 2(1) and 2(m) of the wakaf act herein, which read as under:(1) specified wakafs mean the wakafs specified in schedule a and such other wakasfs as may be included therein, from time to time, by the government by notification in the government ..... the suit is maintainable?in order to answer this question, it is necessary to notice section 22-g of the wakaf act, herein:22-g. ..... section 2(m) of the act defines which are the specified wakaf properties and they are included in schedule and also other wakaf properties which are not specified in schedule-b can be included by issuing .....

State of Jammu and Kashmir Vs. Shri Chander Chinar Bada Akhara UdasIn ...

Court : Jammu and Kashmir

Reported in : AIR1996J& K76

..... of india and the medical council of india under section 10-a of the medical council act on 9-10-1995, a representation was made to the state on 17-10-1995 which was received by mr. ..... thereof on article 226 of the constitution of india read with article 162 of the constitution of india held as follows:'when a state action is challenged, the function of the court is to examine the action in accordance with law and to determine whether the legislature or the executive has acted within the powers and functions assigned under the constitution and if not, the court must strike down the action. ..... the acharya shri chandra college of medical sciences, jammu;on the other hand it reads as follows:- 'after careful consideration of the scheme and taking into consideration of the advice tendered by the medical council of india in this regard, this ministry have come to the conclusion that a 'letter of intent' for the establishment of a medical college at jammu may be issued. ..... (1) a professional college shall be permitted to be established and/or administered only by a society registered under the societies registration act, 1860 (or the corresponding act, if any, in force in a given state), or by a public trust religious or charitable, registered under the trusts act, wakfs act (or the corresponding legislation, if any, e.g. .....

Balwant Singh and ors. Vs. State of J and K and anr.

Court : Jammu and Kashmir

Reported in : 2006(2)JKJ625

..... civil 1st appeal is directed against the judgment and decree dated 20.5.1998 passed by the learned district judge jammu on a reference made by the collector land acquisition under section 31 of the land acquisition act, for resolving the dispute between the parties over apportionment of compensation awarded.factual background:2. ..... the basis of the respective claims made by the respective parties learned district judge framed the following issues for determination:1- whether the auqaf committee jammu is the owner of the land in question opr1;2- if issue no. ..... rights enjoyed by the khankah over the property have come to be declared as wakaf property by virtue of sro 325 dated 1.12.1980 in terms of the provisions of j&k; wakfs act 1978 and the administrator auqaf is to be deemed representative of the owner.11. ..... as already said collector land acquisition act found the appellants entitled to 80% of the compensation assessed on the assumption that they were displaced persons in occupation of evacuee/state land and as such under section 3 of the agrarian reforms act were to be deemed to be occupancy ..... it appears that some legal heirs of said nazir ahmed disputed the declaration of the suit land as evacuee property before the custodian whereupon custodian evacuee property jammu vide his order dated 16.10.1971 de-notified the property and thus the land reverted back ..... in this regard a notification under section 4 of the land acquisition act (hereafter referred to as the act) came to be issued .....

Maulana Syed Abdullah Shah Bukhari Vs. State of Jandk; and ors

Court : Jammu and Kashmir

..... of posting with maulana azhar-ul-haq mudrais/khateeb jamia masjid bethian (ziarat sain wali dad sahib) bethian, on the ground that the administrator had no jurisdiction to pass such orders, in that, in terms of the provisions of section 37 of the jammu and kashmir wakafs act, 2001, it is only the chairman of the tehsil committee, who is 2 empowered to effect transfers of mudrais/khateeb s etc. ..... although general powers of the chairman, in terms of section 37 of the act, include the powers to appoint, remove or transfer, the imams, khatib, etc. ..... in the event of dissolution of the tehsil committee and vesting of the powers thereof in the administrator, all the powers of the tehsil committee including those exercisable by the chairman or vice -chairman under the act, would vest exclusively and absolutely in the administrator appointed by the government, subject, however, to the 4 general control and superintendent of the wakaf s council.6. ..... which had jurisdiction over the two wakaf properties where the petitioner and respondent no.5 were posted as muddrais/khateebs stands dissolved by the government appointing administrator for management of the wakaf properties, is a fact not disputed by the learned counsel for the parties. ..... it is also not disputed that the petitioner was appointed as muddrais/khateeb by the administrator after the dissolution of the tehsil committee.4. .....

Ab Ahad Akhoon Vs. Financial Commissioner and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ237

..... applicable to the parties concerned which is not contrary to justice, equity or good conscience and has not been by this or any other enactment altered or abolished and has not been declared to be void by any competent authority: section 5 of the same act says that:-- 'all local customs and mercantile usages shall be regarded as valid unless they are contrary to justice, equity and good conscience or have been, or shall be directed to be void by any competent authority. ..... the laws administered and to be administered by civil and criminal courts of the state of jammu and kashmir are and shall be as follows:-- (a) x x x x x x x x x x (d) in questions regarding succession, inheritance special property of females, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, wakf, partition, castes or religious usages or institutions the rule of decision is and shall be as follows:-- 'the mohammadan law where the parties are mohammadans and the hindu law in cases where the ..... mutating officer has also not recorded about any custom whether in the family or the village nor there was any material or evidence before him regarding the existence of any custom which excludes from inheritance a daughter married outside her parental house.8. ..... fatta being daughter of deceased khazir wani is not disputed, rather it is specifically admitted in the mutation as also subsequent ..... it is not disputed that the parties being muslims, were governed by muslim personal .....

Administrator, Aquaf Jammu Vs. Devinder Kumar Gupta

Court : Jammu and Kashmir

Reported in : 2008(2)JKJ226

..... in any other law for the time being in force, no suit or other legal proceedings shall lie in any civil court or tribunal in respect of any dispute, question or other matter relating to the title of any wakaf or wakaf property or any other matter which is required by, or under, this act to be determined by the authorities under the act.a plain reading of section above quoted reveals that it could perhaps be marginally relied upon by petitioner-defendant because it only squarely bars jurisdiction of civil courts ..... lease even after his participation in the proceedings; and finally, that independent of his claim of having entered into possession after / through the erstwhile lease whose eviction had already been ordered way back in 1995 and who had not preferred any appeal their against, respondent-plaintiff had no capacity to plead for claiming legitimate possession of the land under reference, which, needless to say is admittedly a wakaf property.9. ..... before proceeding further, it would be appropriate to notice that way back on 11.1.1993 the administrator, aquaf, jammu with powers of tehsil committee under wakafs act appears to have made a reference to the eviction authority of wakafs regarding suit premises informing him that under an agreement dated 29. ..... ramzan also before the eviction authority who after consideration of the matter found him to have been in unauthorized occupation of the premises and accordingly ordered his eviction therefrom vide order dated 27th december 1995.7. .....

Lubna Mehraj and ors. Vs. Mehraj-ud-dIn Kanth

Court : Jammu and Kashmir

Reported in : 2004(1)JKJ418

..... get married is absolute, notwithstanding the fact that they might be living with the divorced wife.they invited the attention of the court to clause (d) of sub-section (1) of section 4 of the sri pratap jammu and kashmir laws (consolidation) act, 1977 (1920 ad) (hereinafter referred to as 'the consolidation act)', and submitted that by virtue thereof, the personal law has been made applicable in the state to be administered by the civil and criminal courts in jammu ..... therefore, whether the order of maintenance is passed by a family court acting as a magistrate of the 1st class in exercise of its jurisdiction under section 125 of the central code of criminal procedure or by a judicial magistrate, 1st class exercising powers under section 488 of the j&k; code of criminal procedure, the fact remains that both exercise the magisterial powers and on that count no distinction can be made in the application of law settled by the ..... as enacted, has to be read and construed having regard to its beneficent nature and cause of social justice ..... section 488 is not intended to provide for a full and final determination of the status and personal, rights ..... afzal wani (1995 edn); tahir mahmood's book, the muslim law of india (third edition 2002); the hedaya, a commentary on the islamic laws translated by charles hamilton (reprint edition 1994), cited and relied ..... judgment, their lordships of the supreme court also quoted a passage from the book 'statute law relating to muslims in india (1995 edn. .....