Judgment Search Results Home > Cases Phrase: wakf act 1995 section 7 power of tribunal to determine disputes regarding wakfs Page 11 of about 542 results (0.165 seconds)

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

..... section 7 states the powers of the tribunal to determine disputes regarding wakfs. ..... 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. ..... 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. ..... - 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.learned counsel further submitted that the learned single judge has wrongly relied upon the judgment in syed, inamul bag shah's case (supra) and set aside the judgment and decree passed by the ..... 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. ..... , coming into force of the wakf act, 1995. .....

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

..... arises with regard the findings or decisions recorded by commissioner in his report the same shall be referred to tribunal for adjudication, which must be done within one year from the date of publication by the state government of the list of wakfs under section 6(4); section 9 is important and provides that proceedings of any survey of wakf properties started before the commencement of this act shall continue and such survey shall be completed in accordance with provisions of the 1936 act and under sub-section (2) it is provided that ..... resulted in a permanent interference with private legal rights it had to be deprecated and the high court went on to give guide-lines to the magistrates in the exercise of their discretionary power under section 144 by observing that though the section does not empower a magistrate to decide a dispute of a civil nature between the private individuals, he must, before passing his order, take into consideration the nature of the claims set-up by the rival parties in order to judge whether or not ..... therefore, the decision in this litigation which bore a representative character not merely negatived the sunnis' customary rights claimed by them over the plots and structures but adjudicated, determined and declared the shias' entitlement to their customary rights to perform their religious ceremonies and functions on the plots and structures thereon in question and this decision is binding on both the communities of mohalla doshipura. .....

Syed Azmath Ali and ors. Vs. Andhra Pradesh State Wakf Board and ors.

Court : Andhra Pradesh

Reported in : 2005(4)ALD550

..... acted in accordance with law since he has got power to issue notice if he is of the opinion that any wakf property had been encroached and to call for explanation and conduct enquiry and pass orders under section 54(3) of the act and the aggrieved party has a right to file a suit before the wakf tribunal ..... contending that the possession of the writ petitioners cannot be disturbed unless and until the procedure contemplated by the provisions of the wakf act, 1995, hereinafter referred to as 'act' for the purpose of convenience, are followed and on the contrary the standing counsel for the a.p. ..... parties affected an opportunity of being heard.explanation:--for the purposes of this clause, the powers of the board shall be exercised-(i) in the case of a sunni wakf, by the sunni members of the board only; and(ii) in the case of a shia wakf, by the shia members of the board only:provided that where having regard to the number of the sunni or shia members in the board and other circumstances ..... from the mutawallis with respect to the wakf property as the board may, from time to time, require;(m) to inspect, or cause inspection of, wakf properties, accounts, records, records or deeds and documents relating thereto;(n) to investigate and determine the nature and extent of wakf and wakf property, and to cause, whenever necessary, a survey of such wakf property;(o) generally do all such acts as may be necessary for the control ..... mahaboob ali acted as mutawalli and managed the land under dispute and .....

irfan Ali and ors. Vs. Bhagwant Kishore and ors.

Court : Allahabad

Reported in : AIR1929All180

..... likewise the history and the circumstances which led to the enactment of the proviso to section 3 of the wakf act, relied on by the respondents. ..... it ought to be borne in mind that the passage quoted above relates to the formalities necessary for the creation of a wakf and although there is considerable divergence of opinion this passage is not helpful except indirectly, for the determination of the crucial question as to whether the mere use of the word 'wakf' or the making of a wakf in favour of ones descendants would necessarily predicate an ultimate dedication in favour of the poor or some other meritorious object. ..... farther that her several relatives should receive their maintenance as heretofore, that she should have the power of increasing or decreasing the number of incumbents; and the repairs of the mosque etc. ..... the primary and technical meaning of the term 'wakf' which has been repeatedly used in the deed and which, on the authorities, carries with it the implication of charitable disposition of a permanent character, including the maintenance of the founder's descendants which is in itself regarded as a charitable object in mahomedan law. ..... these decree-holders caused the property in dispute to be attached by the official liquidator, defendant 1 on ..... but it is not disputed that after the death of mubarak ali the mutwallis nominated in the deed, who seem to be strangers to the family, took possession of the property and have remained in possession thereof since the death .....

Pookoya Haji Vs. Cheriyakoya

Court : Kerala

Reported in : 2003(3)KLT32

..... in our view the above provisions specifically confer powers on the tribunal which falls under both the limbs of section 85 of the act, section 83 of the act empowers state government to constitute as many tribunals as it may think fit for the determination of any dispute, question or other matter relating to a wakf or wakf property under the act. ..... wakf act, 1995 has given a statutory meaning to the word 'wakf under section 3(r) of the act which reads as follows: 'wakf means the permanent dedication by a person professing islam, of any movable or immovable property for any purpose recognised by the muslim law as pious, religious or charitable and includes: (i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser;(ii) 'grants', including mashrut-ul-khidmat for any purpose recognised by the muslim ..... commissioner is also empowered to get information regarding the number of wakfs in the state showing shia wakfs and sunni wakfs separately, the nature and objects of each wakfs, the gross income of the properly comprised in each wakf; the amount of land revenue, cesses, rates and taxes payable in respect of each wakf, the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each wakf; and such other particulars relating to each wakf as may be prescribed. .....

Sekh Sajahan Vs. Shebaits of Pir Gorachand Saheb Sekh Abdul Mohit and ...

Court : Kolkata

Reported in : AIR2005Cal178

..... on an interpretation of the whole of section 70 of the bengal wakf act and its five different sub-sections it is plain that the notice to the commissioner of wakf is mandatory in the cases mentioned in the different sub-sections of section 70. ..... nandy then submitted that in view of the provisions of section 70 of the bengal wakf act question of notice does not arise in this case.50. ms. ..... section 71 of the act provides for the cases when the commissioner may be made a party to a suit or proceeding regarding a wakf on his own application. ..... the land was originally a part of 'shamlat deh' and the income of this place used to be divided by certain named persons, both muslims and non-muslims, the logical conclusion that follows is that the property in dispute was not dedicated by a person professing islam and it has not been used for purposes recognized by muslim law as pious, religious or charitable. ..... there is no evidence that the property was determined to be wakf property by the custodian.'45. ..... in fact challenging the judgment and decree dated 28-11-1995 and 9-12-1995 passed by the 2nd additional district & sessions judge, north 24 parganas, barasat affirming the judgment and decree dated 10-3-1991 and 16-5-1991 passed by the learned munsif, 2nd court at barasat in title suit no. .....

Syed ZahiruddIn Ahmed Bagdadi Vs. Board of Wakfs and ors.

Court : Kolkata

Reported in : (2008)1CALLT22(HC)

..... the view that the learned wakf tribunal made a wrong assessment of the entire situation and repeatedly harpped on his view that the board was not authorised to cancel an order passed by it earlier, by a subsequent order without going through the proceeding under section 64 of the wakf act nor has any power to review having not so provided under act. ..... ground of missing of his application to appoint a mutwalli and though his prayer has shown to be allowed, but latter it was found that the commissioner of wakfs dismissed the petitioner's application for recording him as mutwali by an order dated 30.01.1995 and communicated the gist of order showing recording of the name of syeda nazira khatoon as permanent mutwalli and the same had been substituted in place of her deceased ..... 3 to the office of mutwali was done in accordance to the provisions made in that regard and if the same is not so done, whether the said appointment was void ab initio or voidable as ..... or words, which induces the other person or authority to take a definite determinative stand as a response to the conduct of the former either by word or ..... of a deed of trust left by last mutwali, her husband syed badruddin ahmed, in her favour as he had no son and there the entire dispute started to brew since the present petitioner, claiming himself as lineal male descendent of the original mutwali, made a counter claim before the commissioner of board of wakfs for his appointment as mutwali ignoring the application of respondent no. .....

Shaikh Yusuf Bhai Chawala and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

..... that notification reads as under: "in exercise of the powers conferred by sub-section (1) of section 4 of the wakf act, 1995 (43 of 1995), governmentof maharashtra hereby appoints,- (a) settlement commissioner and director of land records, maharashtra state, pune to be a survey commissioner of wakfs; and (b) additional commissioners of konkan, nashik, pune, nagpur, amravati and aurangabad revenue divisions to be a additional survey commissioner, for the purpose of making a survey of wakfs existing on the 1st day of january, 1996 in the state of maharashtra. ..... that notification reads as under: "in exercise of powers conferred by sub-clauses (i) and (iii) of clause (b) and clause (c) of sub-section (1) read with sub-section (3) of section 14 of the wakf act, 1995 (43 of 1995), the government of maharashtra hereby,- (a) establishes a board by the name of "the maharashtra state board of wakfs", having its headquarters at aurangabad; and (b) nominates,- 1. ..... section 14(6) reads as under:- 14(6) in determining the number of shia members or sunni members of the board, the state government shall have regard to the number and value of shia wakfs and sunni wakfs to be administered by the board and appointment of the members shall be made, so far as may be, in accordance with such determination. . ..... the decision and/or action already taken including the pending dispute or litigation shall be governed by the wakf act. 27. ..... this position was not disputed before us. .....

Trimbak S/O Khankdappa Bele Agriculturist and Sugreeva S/O Dhanappa Be ...

Court : Karnataka

Reported in : 2007(2)KarLJ82

..... been defined for purpose of section 6 & 7 and mat a conjoint reading of section 6(5) and section 7(5) or the act makes it clear that after the commencement of the wakf act, 1995, no suit or other legal proceedings shall be instituted or commenced in a court in relation to any question referred to in sub-section (1) of section 6 of the act and the tribunal is empowered with jurisdiction in respect of a dispute after the commencement of the act further, the 1995 act provides the tribunal with jurisdiction of the civil court in respect of any dispute, question or other matter relating to any watt or watt property to be determined. ..... at this juncture, it has to be noted that by an order dated 6.1.1999, the state government exercising power under section 83(i) of the wakf act, 1995, constituted four wakf tribunals in karnataka and pursuant to the same, the high court has issued a notification and also directed the sessions judges of the concerned division to transfer all the cases pertaining to the wakf and wakf property to the newly constituted wakf tribunal, without specifying as to which are the litigations to be transferred.2. .....

Abdus Subhan Alias Subhansha and ors. Vs. Karnataka Board of Wakf and ...

Court : Karnataka

Reported in : 2007(2)KLJ71; 2007(1)KCCR459; 2007(1)AIRKarR425; AIR2007NOC388

..... the wakf act, 1995, which came into force on 1-1-1996 makes it clear that under section 85 of the act, 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. ..... in the case on hand also, following the wakf act, 1995, coming into force on 1st january, 1996, the appropriate court to decide the issue as to whether the suit properties are the wakf properties or not is the tribunal constituted under the wakf act and not the civil court. ..... point of time, the trial court decided the question of jurisdiction and ordered return of the plaint is concerned, a mere perusal of order 7, rule 10 of the civil procedure code, makes it clear that the court had every power to return the plaint for being presented to the court in which the suit ought have been instituted. ..... therefore, having regard to the wide scope of order 7, rule 10(1) of civil procedure code, the trial court has rightly ordered that the plaint be returned for being presented in the appropriate court or the tribunal.for the foregoing reasons, i find no merit in this appeal and consequently, the appeal stands dismissed. .....