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Ram Kumar Gupta Vs. Shia Central Board of Waqfs, U.P and Others</B>

Court : Allahabad

Reported in : 1999(1)AWC450

m. katju and s.l. saraf, jj.1. heard sri dhruva narayana for petitioner and learned standing counsel and shri haider husain for respondents.2. in our opinion, the petitioner has an alternative remedy to approach the tribunal constituted under section 83 of the wakf act, 1995.3. learned counsel for petitioner states that the tribunalhad not yet been constituted although three years have expired since the passing of the act. hence we direct the state government to constitute the tribunal under section 83 within three months from today positively. the petitioner may approach the tribunal as soon as it is constituted and his application under section 83(2) will be decided within three months thereafter in accordance with law after hearing the parties concerned. till the disposal of the application, status quo regarding the property in dispute shall be maintained.4. petition is disposed offinally.

Babu (Deceased and Represented by His Lrs.) Vs. Khudial Qayum and Anot ...

Court : Allahabad

..... has rendered barred by section 85 of wakf act, 1995? 19. ..... before the high court return a notice issued by the collector including petitioner's property in the list of waqf properties stating that he was not incharge of any waqf property as defined in section 2(e) of 1923 act whereupon the collector referred the matter to the district judge who held the property as a waqf property and the question was whether the order of district judge was within jurisdiction or ..... came muslim wakfs act, 1936 act (act ..... (d)............................................. (e)"wakf" means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable, but does not include any wakf, such as is described in section, 3 of the mussalman wakf validating act, 1913, under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any of his ..... means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a court of competent jurisdiction to be the mutwalli of a wakf, and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the mutwalli, and, save as otherwise provided in this act, any person who is for the time being administering any wakf property; ..... 3, mussalman wakf validating act, 1913, is excluded from the operation of the ..... . 2 of the act it is clear that a wakf of the .....

Syed Mohammad Ahmad Hasan Son of Late Syed Mohammad Hasan Vs. Shia Cen ...

Court : Allahabad

Reported in : AIR2009All38

..... exercised the delegated power under section 27 of the wakf act, 1995 but a mutawalli could have been removed only by a majority of not less than two-thirds of the members of the board as provided under section 64(3) of the act. ..... learned counsel for the respondents has submitted that the remedy of the petitioner was to file an appeal under section 64(4) of the wakf act, 1995. ..... the functions and discharge the duties of a mutawalli; or(d) is an undischarged insolvent; or(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs; or(f) is employed as a paid legal practitioner on behalf of, or against, the wakf; or(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years or has failed to submit, into consecutive years, the yearly statement of accounts, as required by sub-section (2) of section 46; or(h) is interested, directly or indirectly, in a subsisting ..... made with, or any work being done for the wakf or is in arrears in respect of any sum due by him to such wakf; or(i) continuously neglects his duties or commits any misfeasance, malfeasance, misapplication of funds or breach of trust in relation to the wakf or in respect of any money or other wakf property; or(j) willfully and persistently disobeys the lawful orders made by the central government, state government, board under any provision of this act or rule or order made thereunder;(k) misappropriates or fraudulently .....

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

Court : Allahabad

Reported in : AIR2006All115

..... to the submissions made by the learned counsel for the petitioner (defendant) on the basis of section 85 of the wakf act, 1995, it is submitted by the learned counsel for the petitioner (defendant) that the bar contained in section 85 of the wakf act, 1995 took away the right of the respondent (plaintiff-landlord) to file the said suit before the civil court.166. ..... by the learned counsel for the petitioner (defendant) that in view of the provisions of section 90 of the wakf act, 1995, it was necessary to implead the wakf board as party in the said suit filed by the respondent (plaintiff-landlord), and the wakf board was also to be noticed and heard before the said suit was decided. ..... if a suit for eviction of a tenant/lessee after determination of the tenancy/lease were to be treated as being covered under sub-section (1) of section 90 of the wakf act, 1995, and the notice to the wakf board were necessary, still the decree or order passed in such a suit would continue to remain valid till the wakf board applies to the court for declaration of the decree or order as void. ..... further note-worthy that the words occurring in sub-section (1) of section 90 of the wakf act, 1995, namely, 'suit or proceeding relating to possession of a wakf property' will have to be interpreted in the context of other words occurring in the said sub-section, namely, 'suit or proceeding relating to a title to a wakf property', and 'suit or proceeding relating to the right of a mutawalli or beneficiary.155 .....

Ali MakIn Naqvi Vs. U.P. Shiya Central Board of Wakf and ors.

Court : Allahabad

Reported in : 2008(4)AWC3602

..... in the application are as under:(a) because the order dated 05.07.2004 is without jurisdiction as the same has been passed by the administrator who was appointed as administrator by the state under section 102 of the wakf act 1995 (hereinafter referred to as the act) and not under section 99(1) of the act, since under section 102 of the act, the state government is not competent to appoint administrator therefore, the order dated 05.07.2004 is without jurisdiction. ..... dated 05.07.2004 which has now been recalled vide order dated 11.5.2007 which is order impugned in this writ petition, whereas there was remedy available for them under section 83(2) of the wakf act 1995. ..... zafar sajjad, it is stated in paragraph 4 of the counter affidavit that the writ petition is not maintainable against the impugned order dated 11.5.2007 as the petitioner has got an alternative remedy under section 83(2) of the wakf act 1995. ..... stated in paragraphs 15 & 16 of the counter affidavit that the petitioner's earlier application for registration of masjid and azakhana/imambara as wakf has been rejected on 25.4.1995 and the review of the aforesaid order was also rejected by the then controller on 03.10.1998. ..... there is no power of review under the wakf act, therefore, the order dated 11.05.2007 is ..... 05.07.2004 could only be set aside and the application dated 23.12.1997 could only be allowed either in the pending writ petition challenging the order dated 05.07.2004 or under section 83(2) of the wakf act.40. .....

Zaheer Ahmad Vs. Hauz Wali Masjid and ors.

Court : Allahabad

Reported in : 2009(1)AWC483

..... 1 and 3 before tribunal is not against any order passed under the wakf act, 1995 (hereinafter referred to as the act), therefore, aforesaid case is not maintainable under section 83(2) of the act, accordingly no interim order dated 26.8.2008 could be passed by the tribunal, as such impugned order dated 26.8.2008 is wholly without jurisdiction and cannot be ..... (52) alr 571 : 2003 (5) awc 3469, has held that the wakf tribunal has jurisdiction to entertain the case, even if no order is passed under the wakf act, 1995 as the scope of section 83 is very wide, the court has held that the wakf tribunal has power to grant interim order also. ..... khan, learned senior counsel appearing for the respondents has submitted that the tribunals constituted under section 83(1) of the new act, 1995 have ample power to determine any dispute, question or other matter relating to a wakf or wakf property and shall be deemed to be a civil court and shall have the same powers as may be exercised by civil court under the code of civil procedure, while trying a suit or executing a decree or ..... the chairman of wakf board passed an order on 3.9.2007 by which he has set aside the order of appointment of petitioner's committee dated 7.6.2007 and has appointed administrative committee under section 65 of the wakf act, 1995 (hereinafter referred to as 'the act'). ..... (52) alr 571 : 2003 (5) awc 3469, has held that the wakf tribunal has jurisdiction to entertain the case, even if no order is passed under the wakf act, 1995. .....

Maulvi Abdul Rahman Siyai Vs. Sardar Maqbool Hasan and ors.

Court : Allahabad

Reported in : AIR2009All62

..... (52) alr 57 has held that the wakf tribunal has jurisdiction to entertain the case, even if no order is passed under the wakf act, 1995, as the scope of section 83 is very wide, the court has held that the wakf tribunal has power to grant interim order also ..... upon the various averments made in application moved by him under section 83(2) of the wakf act before the tribunal and stated that the wakf in question was earlier registered by the commissioner, varanasi division, varanasi on 25-2-1938 under earlier existing law, wherein scheme of administration of wakf including mode and manner of appointment of mutawalli was provided and under the new act 1995 also the said wakf has been registered under which said scheme is continuing in force. ..... being aggrieved by the said order of the board and office memorandum issued by the chief executive officer of the board has filed application under section 83(2) of the wakf act-1995 (herein after referred to as the act), which was numbered as reference no. ..... statement to the effect that such notice was either delivered or left at the office of the board as required under section 89 of the wakf act, therefore, now it is not open for the present revisionist to raise the question of maintainability of the aforesaid reference before wakf tribunal, as this court has already directed the wakf tribunal to decide the reference in question on merits within a time frame schedule, accordingly, the question of maintainability of the aforesaid reference before .....

Shahroz Khan Vs. U.P. Sunni Central Waqf Board and ors.

Court : Allahabad

Reported in : 2009(4)AWC4044

..... khan for the opposite party invited the attention of the court to sub-section (2) of section 83 of the wakf act, 1995 to urge that as a matter of fact, the opposite parties have moved an application for reference under the aforesaid provision which does not require any such procedure for sending a notice in advance as provided for under ..... the objection taken by the revisionist was that the application was not entertainable as there was non-compliance of the period of 2 months' notice as provided for under section 89 of the wakf act, 1995. ..... if the section does not contemplate a specific procedure then merely because some other section in the act, which in the present context is for a suit and not for an application for reference, cannot be applied on the basis of an interpretation and an inference drawn on the strength of the judgment relied upon by the learned counsel for ..... nonetheless, it is the choice of the opposite party to move an application under section 83 of the act. .....

Waqf Rani Saltanat Begam, Lucknow Vs. Civil Judge, Lucknow and Others

Court : Allahabad

Reported in : 1998(3)AWC1840

..... at page 27 of the said judgment, it was observed :'the nominated board or the board appointed under section 11 of the wakf act, 1954 thus is not one which can stand the composition of the board as envisaged under the wakf act. ..... it was held that the order passed by the waqf tribunal during pendency of the reference before it would not be an award and would not attract the revisional jurisdiction of the high court under section 76 of the act and further it was ruled that the civil judge constituted as a tribunal under section 70 of the act would not be a civil court subordinate to high court within the meaning of section 115, c.p.c. ..... ' vide section 1 of the amending act, 1995 above noted section 5 was deemed to have come into force on july 16, 1994, thus, the controller could at the best, be appointed for a period of two years with effect from 16.6.1994. ..... 43 of 1995] (for short the 'central act') on receiving the assent of the president on november 22, 1995 was published in the extraordinary gazette part-ii. ..... 1995 (act no. ..... 1995 (act no. ..... he was again appointed on 27.7.1995 without specifications of time. ..... 1995. ..... xliii of 1995. ..... the period of appointment came to an end on 18.7.1995. ..... 23 of 1995) reads as under :'5. ..... 23 of 1995. ..... 1995, the appointment of respondent no. ..... 3 was saved by the aforesaid saving clause, his first appointment was made on 19.7.1994 for limited period of one year, which came to an end on 18.7.1995. ..... 43 of 1995) w.e.f. ..... 15 of 1995 was filed on 7.1.1997 before respondent no. .....

Nawab S. Kazim Ali Khan Vs. State of U.P. and Others

Court : Allahabad

..... be "no" for the simple reason that there is resolution of the board wherein all the powers and function of the board under section 32 and other section of the waqf act 1995, in exercise of powers vested under section 27 of the waqf act 1995 has been delegated to the chairperson and other members of the board wherein board and other members have been authorized to hear the matters in individual capacity and decide the matter ..... members of the board in order to carry out effective administration of the waqf board, and once such an authority has been delegated and the delegatee in its wisdom has chosen to initiate proceeding under section 64 of waqf act 1995,by issuing notice then there is no lack of authority or jurisdiction at this stage of proceeding as final decision of removal still would be taken by the waqf board as resolution of removal can be passed by majority of not less than 2/3rd members ..... so undertaken pursuant to show cause notice dated 12.09.2013 are totally without jurisdiction for the simple reason that authority to take action against mutawali has been conferred upon the board constituted under waqf act 1995 and in view of this chairman of the board unilaterally has got no authority to initiate proceeding as has been sought to be done by him and accordingly entire proceeding so undertaken are without jurisdiction and this court ..... 70 and section 71 of waqf act 1995 being relevant are also being looked into: section 70- inquiry relating to administration of wakf. .....