Judgment Search Results Home > Cases Phrase: wakf act 1995 section 9 establishment and constitution of central wakf council Page 1 of about 428 results (0.070 seconds)

P.v. Nidhish Vs. Kerala State Wakf Board

Court : Supreme Court of India

..... 2 of the code of civil procedure.6. during the pendency of the suit, the wakf act, 1995, was amended, with effect from 01.11.2013. two new provisions were added. one was the definition of encroacher [section 3 (ee)].: encroacher means any person or institution, public or private, occupying wakf property, in whole or part, without the authority of law and includes a person ..... not violative of article 20 (1). the statement of objects and reasons to the amendment (of 2013) is extracted below: the wakf act, 1995, [which repealed and replaced the wakf (amendment) act, 1984]. came into force on the 1st day of january, 1996. the act provides for the better administration of auqaf and for matters connected therewith or incidental thereto. however, over the years of the .....

Muslim Minority Front, Rep. by Its Secretary, Sri Mohd. Abdul Muqueet ...

Court : Andhra Pradesh

Reported in : 1996(2)ALT30

..... their term of five years and beyond until their successors are appointed by necessary notifications in this behalf as contemplated under the wakf act, 1995. incorporation of boards and their functions is contemplated in chapter iv of the wakf act, 1995. section 13 of the said act provides as follows:13. incorporation:-'(1) with effect from such date as the state government may, by notification in the official ..... that nomination is permissible followed by the appointment. quest of a corresponding provision to section 11 of the wakf act, 1954 shall take one to section 14(9) of the wakf act, 1995; but is it possible to see corresponding provisions to the provisions in section 11 of the wakf act, 1954 in section 14(9) of the wakf act, 1995? dealing with a case of repeal in respect of a local proceeding or .....

Ramesh Gobindram (Dead) Through Lrs.Vs. Sugra Humayun Mirza Wakf

Court : Supreme Court of India

..... or other matter relating to a wakf or wakf property. section 83 of the act, however, does not deal with the exclusion of ..... the civil courts is barred in respect of disputes that concerns with any wakf or wakf property. the decisions rendered by these high courts draw support for that conclusion from section 83 of the wakf act, 1995. the language employed in section 83 of the act has been understood to be so wide as to include any dispute, question ..... our determination the same were heard together and shall stand disposed of by this common order. the question is whether the wakf tribunal constituted under section 83 of the wakf act, 1995 was competent to entertain and adjudicate upon disputes regarding eviction of the appellants who are occupying different items of what are admittedly .....

Chintala Uday Shankar and ors. Vs. Subedar Saheb Choultry, Trust Board ...

Court : Andhra Pradesh

Reported in : 2007(2)ALD213

..... the opinion that the suit filed by the plaintiff is not maintainable and the provisions of the wakf act, 1995 have no application to the suit filed prior to the wakf act, 1995 came into force and further that section 107 of the wakf act, 1995 has no application but section 66(g) of the wakf act, 1954 only applies to the instant case for seeking possession of immovable property or for possession ..... but it has erroneously considered the provisions of the wakf act, 1995 which has no application as the suit was filed prior to the wakf act 1995 came into force. the appeal of the wakf act, 1954 by virtue of section 112 of wakf act, 1995 shall not affect the previous operation of the provisions of wakf act, 1954 and any action taken under the wakf act, 1954 shall be deemed to have been done or .....

Syed Abdul Razzak AminuddIn and Hazrat Gaiban Shah Baba Syed Through I ...

Court : Mumbai

Reported in : 2009(111)BomLR3609

..... counsel for the petitioner, since there is no provision of deemed waiver of the said notice under section 89 of the wakf act, 1995, as there is no similarity and analogy between the notice under section 89 of wakf act, 1995 and notice under section 80 of the code of civil procedure. 12. shri j.r.shaikh, learned counsel appearing for ..... contention of the learned counsel for the petitioners, that if the petitioners succeed in demonstrating that the acts challenged of the defendants are not in consonance of the provisions of the wakf act, 1995 then notice under section 89 of the wakf act, 1995 would not be necessary, would amount putting the cart before the horse, and hence, there is ..... application, and thereby rejected the plaint against defendant no. 1 under order 7 rule 11 (d) of the code of civil procedure r/w section 89 of the wakf act, 1995 and further directed that the suit shall proceed against the other defendants, since they are private parties, as per the provisions of the code of .....

Rahmath Bi and anr. Vs. State Wakf Board

Court : Chennai

Reported in : AIR1982Mad202

..... the suit itself. tf that be so. the next question that arises for consideration is, are the suits liable to be dismissed? the petitioners, without issuing notice under sec, 56 of the wakf act, had set the law in motion before the law permitted them to do so and they cannot, therefore. secure any relief either by way of declaration or otherwise. in ..... other words, if the suits had been instituted without complying with one of the vital and essential requirements as to the notice under sec. 56 of the wakf act, it appears that the proper procedure would be to reject the plaint under 0. 7. rule 11 (d) c. p. c.7. in venkatarangiah appa rao bahadur v ..... fresh plaint in respect of the same cause of action.'8. cases where suits -have been in stituted without the issue of a notice accordance with sec. 80 c p. c. or section 56 of the wakf act, as in the inslant case, would thus be causes which would fall under order 7 rule 11 (d) c. p.c. a reading of the plaint .....

Syed Mohd. Sajjad Ali Khan Son of Syed Mohd. Kasim Ali Khan Vs. Assist ...

Court : Allahabad

Reported in : 2008(4)AWC3294(All)

..... adverse possession can be acquired over waqf property.12. the tribunal has recorded a finding that dr. nasim zaidi the controller who passed the order under section 52 of the waqf act, 1995 did not have jurisdiction to do so as he was not functioning as the waqf board. it was also submitted by sri w.h. khan that ..... not apply. it was also contended that there is no period of limitation for recovery of waqf property under the waqf act, 1995. reliance is placed upon section 107 of the waqf act 1995 which excludes the application of the limitation act. in my opinion the contention does not have merit. the rights of the respondents having matured by adverse possession before the ..... invalid. dr. nasim zaidi the controller purporting to exercise powers of the waqf board passed two orders dated 16.7.1997 and 12.8.1997 under section 52 of the waqf act, 1995, which had come into force with effect from 1.1.1996 holding the two transfers to be illegal for want of permission and issued a requisition to .....

Association of A.P. Sajjada Nasheens, Mutawallies and Khidmat Guzaran ...

Court : Andhra Pradesh

Reported in : 2010(1)ALT112

..... constitutional provisions would be made at an appropriate place in the context of considering the submission of the petitioner.wakf act, 1995:65. wakf under the wakf act is defined under section 3 sub-clause (r) as follows:3(r). 'wakf' means the permanent dedication by a person professing islam, of any movable or immovable property for any ..... therein for religious and charitable purposes.wakif:39. the term wakif is applied to the person who makes the wakf. as per the definition of wakf given in section 3(r) of the wakf act, 1995, a wakf is a dedication of movable or immovable property 'by a person professing islam'. therefore it is necessary that in ..... in harmony with the exercise of other rights. it is further stated that the wakf act, 1995 provides for the better administration of the wakfs and matters connected thereto and the constitution of the wakf board in terms of section 14 of the wakf act, 1995 comprises of such persons as are elected from amongst the muslim members of parliament .....

Yashpal Lala Shiv NaraIn Vs. Allatala Tala Malik Waqf Ajakhan Mus

Court : Allahabad

Reported in : AIR2006All115

..... the waqf board. no specific objection on the basis of section 85 of the wakf act, 1995 was raised in the written statement.167. reverting now to the submissions made on the basis of section 85 of the wakf act, 1995, it is pertinent to refer to section 85 of the wakf act, 1995, which is reproduced below:85. bar of jurisdiction of civil ..... landlord) against the petitioner (defendant) for eviction from the disputed shop after determination of the tenancy/lease were assumed to be covered under sub-section (1) of section 90 of the wakf act, 1995, still the decree or order passed in the said suit continues to remain valid.164. therefore, in any view of the matter, submissions ..... determination of tenancy/lease is not covered within the purview of the words 'suit or proceeding relating to...possession of a wakf property' as used in sub-section (1) of section 90 of the wakf act, 1995,156. suit for eviction of a tenant/ lessee filed by the landlord after determination of tenancy/lease is a suit based .....

Tamil Nadu Wakf Board Vs. M. Ebrahim, Musuee Muthavalli and ors.

Court : Chennai

Reported in : AIR1979Mad231; (1979)1MLJ189a

..... the point that is now being made.15. we may take the case of the west bengal wakf act, 1934 which is the earliest in point of time as between the three wakf acts in question. section 6(1) of that act states that 'beneficiary' used with reference to a wakf-alal-aulad means a wakif, any member of his family or descendants entitled to receive any ..... pecuniary or other material benefits from such wakf. section 6(10) states that 'wakf' means the permanent dedication by a person professing islam .....