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 .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Delhi
..... in view of the above said reasons, the findings arrived at by the chief executive officer, delhi wakf board while passing the eviction order dated 31st december, 2009 under section 54 of the wakf act, 1995 as well as by the learned trial court in the impugned order dated 18 th september, 2013 do not require ..... filed by the petitioner/plaintiff with a prayer for passing a decree, declaring relationship of tenant and landlord between the parties; declaring the proceedings under section 54 of wakf act as null and void; declaring that the wakf is a shia wakf, and also a decree for permanent injunction against the respondent and its agents, employees and representatives preventing them from dispossessing the petitioner from the suit premises.3. ..... section 54(4) of the wakf act, 1995 authorises a person aggrieved by the eviction order of the ceo to institute a suit before the tribunal to establish his right, title or interest ..... along with the suit, the petitioner also filed an interim application with a prayer that the proceedings pending under section 54 of the wakf act in the office of the respondent/sdm concerned be stayed till the final disposal of the suit and he be not dispossessed from the ..... interpreting section 54(4) of the wakf act, the tribunal was of the considered opinion that the proviso of the said provision prohibits a person who has been led into possession of the property as a lessee, licensee or mortgage by the muttawalli of the wakf or by a person authorized by him, from .....
Tag this Judgment!Court : Delhi
..... whether the suit of the plaintiff is barred u/s 55-e read with section 87 of wakf act, 1995? ..... his lifetime and after his death, if his sons were minor, his wife was to become the mutawalli and after attaining majority, his sons were to act jointly as mutawallies and to realise rent of the wakf property and to manage the same and divide the rents/benefits to the beneficiaries/co-sharers/co-owners as per the shares fixed according to shairiat; (c) that out of the five sons of late sheikh abdul ahad, three ..... january, 1983 leaving five sons and two daughters including the respondent no.1/plaintiff as his legal heirs and who thus became entitled to benefits/profits/rent/income of the said wakf property; (f) that though as per the wakf deed, only the sons were entitled to act as mutawallies but the respondent no.1/plaintiff and her sister were also entitled to share in rent/benefits/income of the wakf property and which had been denied to them.5. ..... whether the suit is bad for non serving of notice under section 57 of the wakf act of delhi wakf board? ..... on enquiry, whether wakf-ul-aulad is a valid wakf, attention is invited to the mussalman wakf validating act, 1913 enacting that it shall be lawful for any person professing the muslim faith to create a wakf which in all respect is in accordance with the provisions of the muslim law, for the maintenance and support wholly or partially of his family, children or descendants, provided that the ultimate benefit is in such cases expressly or .....
Tag this Judgment!Court : Delhi
..... 377/2011 2|page the delhi wakf board on the ground that section 85 of the wakf act, 1995 required the board to be a party to the proceedings before the wakf tribunal. ..... 377/2011 8|page arc held that there was no distinction under the wakf act and initially, the object of the wakf may be for the benefit of the family members in case of wakf-ul-aulad but ultimately, the property should have been utilized for pious purposes and in the present case, for the benefit of the male lineal descendants, upon whose succession, the property would be utilized ..... . kolkata municipal corporation, (2012) 1 cal lt331 on the issue of the power of mutawallies under the wakf act, it was held by the calcutta high court that though even though the mutawalli may not be the owner of the wakf properties, the obligation and right to administer and maintain the trust properties vests with him ..... . ummesrkutty haji, air2002ker 56, a division bench of the kerala high court held that a person acting as a mutawalli is entitled to sue for recovery of possession of the wakf property as he is entitled to the rights and duties of a mutawalli. in a.s .....
Tag this Judgment!Court : Delhi
Reported in : 153(2008)DLT24
..... petitioner contended that reliance placed by trial court on section 36 and section 57 of the wakf act was misplaced and the petitioner had been acting as de-facto mutawalli, having all the powers of a mutawalli as enshrined under the wakf act, 1995.3. ..... respondent took the objection that petitioner had no locus standi and the trial court came to the conclusion that in view of the provisions of section 36 of the wakf act, mutawalli was merely a manager of the wakf and was not competent to file a suit in his own name. ..... the appellate court also observed that in a report made by shri israr ahmed, wakf commissioner, delhi after survey of the wakf property within the union territory of delhi, a letter was written to district judge bulandshahar wherein it was observed by the wakf commissioner, delhi that the property in question was wakf property and in terms of wakf deed, district judge bulandshahar was named as mutawalli and he was to manage the suit property through four persons professing ..... dated 17.2.1984 of the hon'ble supreme court relied upon by the petitioner itself shows that the hon'ble supreme court had taken into account the fact that delhi wakf board had accepted the tenant directly under it in respect of dharampura lodge, and it modified the order of delhi high court accordingly. ..... the wakf act would not be applicable in respect of the administration and in achieving aims and objects of the wakfnama therefore delhi wakf board will have no say so far as property in question .....
Tag this Judgment!Court : Delhi
..... section 32 (1) of the wakf act, 1995, inter alia, provides that it shall be the duty of the wakf board to ensure that the wakfs under its superintendence are properly maintained controlled ..... that whenever the chief executive officer considers, on receipt of any complaint or on his own motion that there has been an encroachment on any land, building, space or other property which is wakf property and, which has been registered as such under the act, he shall serve a notice upon the encroacher, specifying the particulars of such encroachment and calling upon him to show cause as to why an order requiring him to remove the encroachment be ..... the respondent no.1 shall take steps in accordance with law, particularly the provisions of the wakf act, in respect of all encroachments on wakf land, within a period of three months from the receipt of copy of this order ..... direct that if respondent no.2, sub-divisional magistrate (pahar ganj) is approached by the chief executive officer of delhi wakf board under section 55 of the wakf act, he shall forthwith take action on such application of the delhi wakf board in accordance with the provisions contained in section 55 of the wakf act. w.p. ..... 2013 page 3 of 4 if so required, respondent no.1 shall also be entitled to police aid in terms of section 55 of wakf act. ..... since there are large number of encroachments on wakf land, as disclosed in the information provided to the petitioner under rti act, we dispose of this petition with the following .....
Tag this Judgment!Court : Delhi
..... the suit was dismissed primarily on the ground that the court did not have jurisdiction to entertain the suit as the property belonged to wakf board and under section 85 of the wakf act, 1995 jurisdiction of civil court was barred. ..... no relief has been claimed by the appellant against delhi wakf board.4. ..... delhi wakf board is not a party to the suit. ..... it is informed that the relief against dispossession has been claimed only against the respondent sabir ali who is the landlord of the property owned by delhi wakf board. .....
Tag this Judgment!Court : Delhi
..... the stand taken, we are satisfied that in terms of rule 2 order 14 of the code of civil procedure, 1908, as amended by act 104 of 1976, the issue could have been heard and decided as a preliminary issue."24. ..... pratapsing mohansing pardeshi deceased through his heirs and legal representatives, jt 1995(7) sc 400, apex court observed;"the high court under article 227 of the constitution of india cannot assume unlimited prerogative to correct all species of hardship or ..... in the judicial review of administrative action de smith, wolf and jowell, 1995 edition, at pages 259-260 the law is stated, thus:the erosion of the distinction between jurisdictional errors and non-jurisdictional errors has, as we have seen, correspondingly eroded the distinction between void ..... in halsbury's laws of england, 4th edition, (reissue) volume 1(1) in paragraph 26, page 31, it is stated, thus:if an act or decision, or an order or other instrument is invalid, it should, in principle be null and void for all purposes: and it has been said that there are no degrees ..... and forsyth in administrative law, seventh edition -1994, have stated the law thus at pages 341-342:.every unlawful administrative act, however invalid, is merely voidable. ..... -known passage lord radcliffe said: "an order, even if not made in good faith, is still an act capable of legal consequences. ..... even though such an act is wrong and lacking in jurisdiction, however, it subsists and remains fully effective unless and until it is set aside by a court .....
Tag this Judgment!Court : Delhi
..... pratapsing mohansing pardeshi deceased through his heirs and legal representatives, jt 1995(7) sc 400, apex court observed;"the high court under article 227 of the constitution of india cannot assume unlimited prerogative to correct all species of hardship or wrong decisions. .....
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