Judgment Search Results Home > Cases Phrase: wakf act 1995 section 7 power of tribunal to determine disputes regarding wakfs Page 10 of about 542 results (0.189 seconds)

Radhakishan and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Reported in : AIR1967Raj1

..... the list of wakfs published by the board of wakfs under sub-section (2) and section 5 would be final and conclusive against the petitioners under section 6 (4) in case the petitioners do not file a suit within one year from the publication of the list, and whether the petitioners can be dispossessed or their possession can be threatened by the board of wakfs by proceeding under section 36-b without filing a suit in a civil court.in order to determine these questions, it would be proper to examine the scheme and scope of the wakf act no. ..... --disputes regarding wakfs : (1) if any question arises whether a particular properly is wakf property or not or whether a wakf is a shia wakf or sunni wakf, the board or the mutawalli of the wakf or any person interested therein may institute a suit in a civil court of competent jurisdiction for the decision of the question and the decision of the civil court in respect of such matter shall be final : provided that no such ..... or not, if that challenge comes from a stranger, who is neither mutawalli nor a person interested in the wakf, but who belongs to another religious denomination and who claims a valid title and lawful possession over that property to accept the respondents' argument would mean that the board would be given the powers of the civil court to decide such disputes between itself and strangers and thus, to make the board's decision final unless it is changed .....

D.Venkata Krishna Rao Vs. Government of A.P., Rep. by Principal Se

Court : Andhra Pradesh

..... "wakf" has been defined in section 3(r) of the wakf act, 1995 and hence once the property is found to be a 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. ..... that the wakf tribunal assumed jurisdiction wrongly in deciding the dispute regarding eviction of the tenants of the wakf property, the court allowed the appeals which arose out of three revisions decided by the high court of andhra pradesh under section 83(9). ..... which fell for consideration before the apex court was whether or not the wakf tribunal can entertain and adjudicate upon a dispute regarding the eviction of a tenant holding wakf property. ..... , however, which was focussed upon by the rival counsel is the maintainability of the writ petitions in view of the provisions of the wakf act entrusting the jurisdiction to resolve all disputes regarding wakfs to a specially constituted wakf tribunal and the provisions in the wakf act which expressly bars the jurisdiction of civil courts. ..... therefore, when the tribunal has been conferred with the power to determine any dispute, question or other matter relating to a wakf or wakf property under the act and acts as a civil court for all purposes, this court, in exercise of the jurisdiction under article 226 of the constitution, cannot permit a party to bypass such statutory remedy and assign itself the role of statutory authority or tribunal by dealing with the disputed questions of fact .....

Wealth-tax Officer Vs. Buniyad Hussain

Court : Income Tax Appellate Tribunal ITAT Allahabad

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

..... 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 ..... panna lal and mohammad ali recorded before the board coupled with the enquiry report dated 6-12-1971 of shri gohar mirza, the auditor of the board, show that the wakf was declared by khadim hussain, the great-grandfather of the assessee, who constituted himself the first nazim and whereafter the assessee's grandfather and after him the assessee's ..... section 29 of that act which makes detailed provisions in that regard ..... 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 ..... that the assessee had filed before him extracts from a bombay journal published in 1916, wherein reference regarding the wakf in question was available. ..... regarding the oral wakf ..... in 1916 wherein the reference regarding the wakf was available. ..... following findings : (i) that the assessee had failed to produce any documentary evidence with regard to the creation of the wakf prior to the assessment year 1970-71 ; (ii) that a registered deed of wakf was necessary under the transfer of property act, 1882 ; (iii) that the shia central board of wakfs, u.p. .....

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. ..... neither in the pleading nor in the course of evidence of defendant-1 was there any assertion regarding the point of time at which his possession became adverse. ..... khatijabi, the wakif had constituted herself and one mohamad hayatsab sushiwale as the joint mutawallis of the wakf, the latter having been given the power to appoint his successor. ..... therefore, the courts must possess power to sustain proper proceedings by them in appropriate cases and grant relief in the interests of and for the express benefit of the trust imposing such conditions as may be called for. ..... the said joint mutawalli was also given the power of appointing his successor. .....

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. ..... 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. ..... if all the old revenue record is consulted in this regard, there will be indefeasible in ference that the land comprised in khasra no. ..... regarding jurisdiction, he contended that the act of the board in leasing out the land in favour of the defendant is ultra vires and illegal and therefore the jurisdiction of the civil court is very much there. .....

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 .....

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 ..... 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 ..... further under section 32(2)(j) of the wakf act, 1995 the termination made under the old act is ..... the resolution passed under the old act could be saved only if there is a corresponding section in the wakf act, 1995 ..... but if article 254(1) is read as a whole, it will be seen that it is expressly made subject to clause (2) which makes reference to repugnancy in the field of concurrent list in other words, if clause (2) is to be the guide in the determination of scope of clause (1), the repugnancy between union and state law must be taken to refer only to the concurrent field ..... . there is no dispute with regard to the law laid down by the supreme court in new india assurance company ltds .....

Radhakrishna Rice Mill Company and ors. Vs. Jumma Maseedh by Its Mutha ...

Court : Andhra Pradesh

Reported in : AIR2003AP70; 2002(6)ALD52; 2002(6)ALT791

..... explanation :--for the removal of doubts it is hereby declared that in this sub-section, 'wakf' includes a wakf in relation to which any scheme has been made by any court of law, whether before or after the commencement of the wakf (amendment) act, 1984' sub-section (1) of section 15 lists out the powers of the board in relation to wakfs in general terms. ..... he has also placed before this court, the various authorities on the subject and ultimately submitted that continuance of the lease in favour of the tenant is in gross violation of the provisions of the wakf acts of 1954 and 1995 and that the mosque was put to great loss on account of unlawful continuance of the tenant.21. ..... but to recognise and give effect to the compromise voluntarily made......................in the case of public trust, no compromise can be said to be lawful which sacrifices its interest; on the ground, therefore, that a compromise entered into without due regard to the trust, is under order 23 rule 3, an unlawful agreement. ..... power to appoint mutawallis in certain cases :--when there is a vacancy in the office of the mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is disputed, the board may appoint any person to act as mutawalli for such period and on such conditions as it may think fit. .....

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. ..... a bare perusal of this section shows that there is no power to grant lease of wakf property beyond three years with anybody. ..... learned counsel for the petitioner has also drawn my attention to ex.a-5 proceedings of the wakf board, and according to him, there was the approval of the wakf board, hyderabad, approving the agreement entered into between the parties with regard to the lease of the property for a period of 20 years. ..... 108 of 1998 and 100 of 1999 were disposed of by the wakf tribunal, hyderabad, by its common award dated 2nd august, 2004. ..... restrictions on the powers to grant lease of wakf property-(1) a lease or sub-lease for any period exceeding three years of any immovable property which is wakf property shall, notwithstanding anything contained in the deed or instrument of wakf or in any other law for the time being in force, be void and of no effect. ..... therefore, this court would not go into the factual disputes between the parties, but in my view, the issue referred to above is central to the controversy. ..... the approval, at best, could be taken as approval for a period of three years because in terms of section 36-f of the 1954 act, the board had the power to grant leases for a period of three years.20. .....