Court : Allahabad
Reported in : 2009(85)AWC1996
..... accordingly, the 'kabristan' in dispute or the waqf which was entrusted to the local body by the state under section 117 of the act shall continue to remain under the management and control of the town area committee, sahapur and would not be treated as vested with the ..... waqfs is governed by the waqf act, 1995 which repeals the earlier waqf act, 1954. ..... which was duly entrusted to the town area committee, shahpur under section 117 of the act and no formal proof of the gazette was required as the court is empowered to take judicial notice of ..... court taking judicial notice of the photocopy of the gazette notification dated 15.5.1971 issued in exercise of powers under section 117 of the act held that it is the property of the town area committee, sahapur inspite of being in use as 'kabristan'. ..... section 32 of the waqf act, 1995. ..... is also contemplated by section 3 (r) of the waqf act, 1995. ..... sc 318, it was held that a notification issued under section 139 of the bombay prohibition act, 1939 which auhorises the government to exempt any intoxicants or class of intoxicants from all or any of the provisions of the act 'has the force of law' as if made by the legislature itself. ..... government after due survey by the survey commissioner appointed for the purpose is obliged under section 4 of the waqf act to prepare and forward a list of all waqfs within the state of u. p. ..... sunni central board of wakf, lucknow on whose behalf a committee has been constituted to manage and supervise the working of .....
Tag this Judgment!Court : Allahabad
Reported in : 2009(2)AWC1263
..... 1 has a remedy of moving application under section 83(2) of the waqf act, 1995 before the waqf tribunal as appeal is not maintainable in respect of the independent cause of action. ..... 3069 by an ex parte order of merger of boards which has been recalled by the board would fall within the purview of section 64(4) of the waqf act as regards removal of the mutawalli and (2) whether after expiry of the term of the committee of management respondent no. ..... 43 filed an appeal under section 64(4) of the waqf act, 1995. ..... 1 before the tribunal is under section 64(4) of the act which can be invoked only against an order of removal of the mutawalli duly appointed in accordance with law.14. ..... section 64(4) of the waqf act, 1960 reads as under:64 (4) a mutawalli who is aggrieved by an order passed under any of the clauses (c) to (j) of sub-section (1), may, within one month from the date of the receipt by him of the order, appeal against the order to ..... it is lastly submitted by him that in the circumstances the case of the appellant/respondent does not fall within the ambit of section 64(4) of the waqf act, 1960.15. ..... , lucknow after survey conducted under the provisions of waqf act no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ARC675
..... similarly under the waqf board act, 1995 same provision has been provided for under section 90. ..... sunni waqf act, 1960, the decree which was sought to be executed was null and void and not executable as no notice to waqf board was issued and that waqf board came to know about the decree passed in o.s. no. ..... sunni waqf act, 1960. .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC1995
..... the order passed by the munsif was legally not maintainable as the orders passed under section 30 of the act were not amenable to the jurisdiction of the revisional court under section 115. c.p.c. ..... thus, against the order passed by the munsif under section 30 of the act, revision could be filed before the district judge and the same was rightly filed ..... the trial court (munsif) by his judgment and order dated 11.2.1995 allowed the application ; but only for the period ending on 31.12.93 without prejudice to the rights of the ..... of 1972, this court relying upon the full bench decision in chatur mohan's case referred to above, in the following cases ruled that order passed under section 30 of the act by the munsif was revisable under section 115, c.p.c. :1. m/s. s. ..... power to pass orders under section 7b and section 7e of the said act was conferred upon the court of munsif. ..... v of 1995, the provisions of the act ceased to apply to the buildings belonging to or vested in waqfs including the waqf-alal-aulad ..... -section (3) of section 7c of the said act provides as under :'7 (3). ..... the act, there is no provision of appeal against the order passed bymunsif under section 30 of the act. ..... act), acting as revisional court ..... v of 1995, as the buildings owned by waqf-al-aulad were taken out of purview of the said u. ..... appears that petitioner who is the tenant of the building in question deposited amount of rent from 1.7.86 to 31.8.91 on 10.9.91 in the court of munsif under section 30 of the act in case no. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(1)ARC810; 2005(3)AWC2426
..... as mentioned above, the appellate court allowed the appeal solely on the ground that building in question being waqf property was exempted from the operation of the act and as such, the finding recorded by the prescribed authority was without jurisdiction and the order passed was a nullity. ..... the petitioner has urged with vehemence that the appellate court erred in dismissing the appeal on the sole ground that the property in question being waqf property was exempted from the operation of the act and as such, the prescribed authority committed error of law in entertaining the petition and the appeal was dismissed. ..... , 2002 (1) arc 192, it is now settled that amendment made in section 2 of the act regarding exemption is prospective and will not affect proceedings pending on the date of enforcement of the amending act, 1995. ..... , 2004 (2) arc 64 wherein it was clearly held that amendment made in section 2 of the act is not retrospective and will not apply to the suits/proceedings which were instituted prior to the insertion of this clause i.e. ..... after decision of the appeal, the law has changed and it was held by a division bench of this court in the year 2002 that the amending act will not affect the proceedings pending on the date of enforcement of u.p. ..... khurshid's case (supra) that the said amendment in the act is not retrospective and will not apply to the suits, which were instituted prior to 26.9.1994. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3734
..... the contention raised by learned counsel for the petitioner are two fold, firstly, according to him in case the revisional court was of the view that the act was not applicable with respect to the building in question in that event the revision itself ought to have been dismissed as not maintainable and it could not have met with any ..... contention is that the proceedings which were initiated prior to the coming of amending act of 1995, will have to be considered and decided on the basis of the provisions existing on the date, the proceedings were initiated and would not be affected by the amending act. ..... and its effect was as if the said provision existed in the statute book from the very beginning and therefore, the building in question would not be covered by the act, the order of allotment could not have been sustained and has been rightly set aside.10. ..... 1 much after the amendment of 1995 act and the revisional court vide judgment dated 26.4.2001, came to the conclusion that since the building belonging to or vested in a waqf including a waqf-alal-aulad has been excluded from the purview of the act, therefore, the order of allotment passed on 9.9.1988 was also without jurisdiction and it accordingly allowed the revision and set aside the order ..... revision was pending prior to the date of 1995 amending act it has to be decided on merits. ..... 1995 whereby after clause (b) in section 2 of the act, clauses (bb) and (bbb) were added vide section 2 (a) (in) of the aforesaid amending act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2007(3)AWC2705
..... relevant para 17 of the report is reproduced below:the right of a tenant under the rent act at the best could be said to be a protective right which cannot be construed to be ..... amendment carried on in section 2(1) by insertion of clause (bbb} in the act will not in any way affect the validity of the decree passed in the ..... the petitioner submitted, that in view of insertion of the aforesaid clause (bbb) in the act, the building in question is not now governed by the provisions of the u.p. ..... in effect, in view of this special enactment of the rent act, the right and remedies available to a landlord under the general ..... it has been held that the rent control act merely provides a protection to a tenant as against unbridled power of landlord under the general ..... 13 of 1972 whereby the property owned by a wakf has been exempted from the operation of the provisions ..... the right of a tenant under the rent act at the best could be said to be a protective right which cannot be construed to be a vested right and the moment when the protection is withdrawn the landlord's normal vested rights re-appear which could ..... 1994 which has granted exemption, to any building belonging to or vested in a wakf including a wakf alal aulad. ..... section 20 of the act restricts right of a landlord to ..... 1995 ..... by granting exemption, the effect is that a landlord of such a building can file a suit for eviction of tenant alter terminating his tenancy by giving a notice as required under section 106 of the transfer of property act. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)3UPLBEC2327
..... esa 15 f'k{kdksa ds uke vaafdr fks] fdurqfujh{k.k frffk dks fdl hkh f'k{kd ds glrk{kj ugha fks] ftlls izkbejh d{kkvksa dhmiflfkfr dh iqf'v ugha gqbz a2- nk= izos'k iaftdk&&fo;|ky;dh nk= izos'k iaftdk ns[kh xbz tks izfkek ls mrrj e/;ek rd ds nk=ksa dho'kz 1995&96 ls cuh fkh a iaftdk esa uohu nk=ksa dh iathdkj.k ekadigys dk fkk] tcfd iqjkus nk=ksa dk iathdj.k ekad ckn dk ntz ik;k x;k a nk=izos'k iaftdk fof/kor~ ugha cukbz xbz fkh a izkbejh d{kkvksa dh izos'k iaftdkhkh ns[kh xbz mdr ..... the courts exercising powers under the contempt of courts act is not for per-petuating illegal acts. ..... contempt of courts act, 1971 has been introduced for purposes of securing a feeling of confidence of the people in general for due and proper administration of justice in the country. ..... it is a genuine act, as petitioners are not eligible for appointment in the institution and they had obtained order from the court by misrepresentation of fact. ..... such act is not deliberate or willful disobedience of the order of this court. .....
Tag this Judgment!Court : Allahabad
Reported in : 2001(4)AWC2951
..... however, it is contended that there is no reasonable ground as to why the landlords of the buildings in cases like present one of which the rent was freezed at the commencement of the act was not permitted to increase the rent and no provision for the same was made in the act ; that highly unequal and undue benefit was given to the tenants at the cost of the landlords at least in the case of commercial buildings from which the tenants are ..... it is further prayed that it may be declared that the standard rent payable for building is the prevailing market rent relating to similar buildings exempted from the operation of the act : that it be further declared that on failure to arrive at a settlement of the standard rent, the same be determined by the district magistrate on the basis of the criterion as may be laid down in this petition. ..... in paras 26 to 28 of the judgment the hon'ble supreme court made the following observations : 'para 26 : it is true that whenever a special provision, like the rent control act, is made for a section of the society it may be at the cost of another section, but the making of such a provision or enactment may be necessary in the larger interest of the society as a whole but the benefit which is given initially if ..... in this case, the bihar excise (amendment and validation) act (9 of 1995) was challenged. ..... act 5 of 1995 w.e.f. .....
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