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Mohd. Akram Ansari Vs. the Chief Election Commissioner and ors.

Court : Delhi

Reported in : 133(2006)DLT135

..... at the initiation of this petition section 31 of the wakf act, 1995 (wakf act for short) declared that the office of the chairperson shall not be disqualified and shall be deemed not to have been disqualified for being chosen as, or for being, a member of parliament; this declaration did not include a ..... -- in the wakf act, 1995 (43 of 1995), in its application of the national capital territory of delhi, after section 31, the following section shall be inserted, namely:31a. ..... an act to amend the wakf act, 1995 in its application to the national capital territory of delhi. ..... there is no need to discuss these contentions in much detail, or to appreciate the evidence on record owing to the following statute which has been published in the delhi gazette, thursday, april 27, 2006:the wakf (delhi amendment) act, 2006(delhi act 3 of 2006)24th april, 2006 (as passed by the legislative assembly of the national capital territory of delhi on the 8th march, 2006. ..... jayarajan : air2005sc688 to argue that the preamble to the wakf act clarifies that the objective is to provide for better administration of the wakf, the corpus of which is not derived from the government but from private donations. ..... pooran singh : air2004sc2303 to contend that if a purposive construction of section 31 of the wakf act is carried out, it would be abundantly clear that shri yusuf would have been insulated from being disqualified only upon being elected to parliament. .....

Akbar Ali (Deceased) Thru. Lrs. Vs.delhi Wakf Board & Anr

Court : Delhi

..... it is also fairly conceded by the learned counsel for the petitioner that such an order issued by the chief executive officer of the delhi wakf board required to be executed through the sdm who had the necessary jurisdiction under section 55 of the wakf act, 1995 to issue an order in the nature passed on 19.08.2005 and in case of failure of compliance with the cm(m) 250/2015 page 6 of 9 directions in the said order, to enforce eviction. ..... in fact, he did not pursue the matter thereafter till he approached the delhi wakf tribunal again on 31.01.2013 by a fresh petition under section 83(2) of the wakf act, 1995 along with application under section 5 of the cm(m) 250/2015 page 5 of 9 limitation act, 1963 for condonation of delay, in which context the impugned order was passed.12. ..... it is petitioner s own case that on 06.07.2005, the chief executive officer of delhi wakf board (the first respondent) issued an order in exercise of his power under section 54(1) of the wakf act, 1995 regarding the status of the subject premises being a wakf property and the petitioner having unauthorizedly occupied a part of the same, he being an encroacher. ..... thus, the petition under section 83(2) of the wakf act, 1995 could not have been brought this assuming it was the appropriate remedy, vis- -vis an order under section 54(3) passed prior to the amendment of the wakf act, 1995 in 2013, - eight years after the impugned orders were passed.19. .....

Savyasachi K. Sahai vs.union of India & Ors

Court : Delhi

..... who appears for the wakf board has assured this court that if there are any encroachments and unauthorized occupants in the said premises then the wakf board shall take appropriate action in terms of the provisions of the wakf act, 1995 for removing any such ..... under the provisions of section 3(i) of the wakf act, 1995 in the following terms : 3. ..... wakf board initiated steps for removal of encroachments in accordance with section 54 of wakf act, 1995 ..... person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this act, any person, committee or corporation for the time being managing or administering any ..... wakf or wakf property: provided that no member of a committee or corporation shall be deemed to be a mutawalli unless .....

Suhail Ahmed Khan Vs. Union of India and Ors

Court : Delhi

..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....

Ajay Gautam Vs. Delhi Waqf Board and Ors

Court : Delhi

..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....

Suhail Ahmed Khan Vs. Union of India and Ors

Court : Delhi

..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....

Rajesh Jain Vs. Qazi Shamim Ahmed and Ors.

Court : Delhi

..... he relies upon section 32 of the wakf act and also traverses the duties of mutawalli as stipulated in sections 50 & 51 of the wakf act, 1995. ..... this court is not called upon to comment upon the powers of the wakf board and how wakfs are to be administered under the wakf act or how a mutawalli is to manage the affairs of the wakf and how he is removed in default of his duties. ..... board of wakf7, wherein justice altamas kabir, as he then was, held as under: but as indicated hereinbefore, it appears to have been the intention of the legislature to exclude private wakfs from the ambit of the 1995 act and the administrative control of the authorities appointed by statute under the act except to the extent indicated hereinabove. ..... in any case, neither the wakf act nor the administrative control of the authorities appointed/constituted under said act would be applicable in the present case, ..... , 155 (2008) dlt383_______________________________________________________________________ the wakf act came into effect in the year 2013 whereas the eviction petitions were filed in december, ..... the issue of ownership and landlord-tenant relationship, the petitioners had contended that respondent no.1 is merely a mutawalli who could administer the property and had to act as per the terms of the will; as per paragraph 11 thereof, none of the heirs of qazi sajjad hussain would have any proprietary title or interest in the wakf property, therefore, the respondents were not the owners of the tenanted premises. .....

Subhash Chand Gera Vs. Qazi Shamim Ahmed and Ors

Court : Delhi

..... he relies upon section 32 of the wakf act and also traverses the duties of mutawalli as stipulated in sections 50 & 51 of the wakf act, 1995. ..... this court is not called upon to comment upon the powers of the wakf board and how wakfs are to be administered under the wakf act or how a mutawalli is to manage the affairs of the wakf and how he is removed in default of his duties. ..... board of wakf7, wherein justice altamas kabir, as he then was, held as under: but as indicated hereinbefore, it appears to have been the intention of the legislature to exclude private wakfs from the ambit of the 1995 act and the administrative control of the authorities appointed by statute under the act except to the extent indicated hereinabove. ..... in any case, neither the wakf act nor the administrative control of the authorities appointed/constituted under said act would be applicable in the present case, ..... , 155 (2008) dlt383_______________________________________________________________________ the wakf act came into effect in the year 2013 whereas the eviction petitions were filed in december, ..... the issue of ownership and landlord-tenant relationship, the petitioners had contended that respondent no.1 is merely a mutawalli who could administer the property and had to act as per the terms of the will; as per paragraph 11 thereof, none of the heirs of qazi sajjad hussain would have any proprietary title or interest in the wakf property, therefore, the respondents were not the owners of the tenanted premises. .....

Vinod Kumar Pathak Vs. Qazi Shamim Ahmed and Ors.

Court : Delhi

..... he relies upon section 32 of the wakf act and also traverses the duties of mutawalli as stipulated in sections 50 & 51 of the wakf act, 1995. ..... this court is not called upon to comment upon the powers of the wakf board and how wakfs are to be administered under the wakf act or how a mutawalli is to manage the affairs of the wakf and how he is removed in default of his duties. ..... board of wakf7, wherein justice altamas kabir, as he then was, held as under: but as indicated hereinbefore, it appears to have been the intention of the legislature to exclude private wakfs from the ambit of the 1995 act and the administrative control of the authorities appointed by statute under the act except to the extent indicated hereinabove. ..... in any case, neither the wakf act nor the administrative control of the authorities appointed/constituted under said act would be applicable in the present case, ..... , 155 (2008) dlt383_______________________________________________________________________ the wakf act came into effect in the year 2013 whereas the eviction petitions were filed in december, ..... the issue of ownership and landlord-tenant relationship, the petitioners had contended that respondent no.1 is merely a mutawalli who could administer the property and had to act as per the terms of the will; as per paragraph 11 thereof, none of the heirs of qazi sajjad hussain would have any proprietary title or interest in the wakf property, therefore, the respondents were not the owners of the tenanted premises. .....

Ajay Gautam Vs. Delhi Waqf Board and ors

Court : Delhi

..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....