Judgment Search Results Home > Cases Phrase: wakf act 1995 Court: madhya pradesh Page 1 of about 7,051 results (0.074 seconds)

Amil HakimuddIn and ors. Vs. Abbas HusaIn and ors.

Court : Madhya Pradesh

Reported in : 2002(5)MPHT181; 2002(2)MPLJ50

..... a case in which the provisions of the wakf (madhya pradesh amendment) act, 1994 were considered which now stands repealed by the wakf act, 1995. ..... revision it has been argued on behalf of the petitioners that in view of sections 6, 40 and 85 of the wakf act, 1995 the jurisdiction of the civil court has been specifically excluded and it has been conferred on the wakf tribunal constituted under section 83 of this act. ..... submitted a separate application stating therein that according to section 6 of the wakf act, 1995 the dispute can be decided only by the wakf tribunal constituted under this act. ..... inbuilt safeguard in the provisions of the wakf act, 1995 in the form of the principles of natural justice at every stage before a property is declared to be wakf property. ..... question of the ouster of jurisdiction of the civil court will be decided in view of the statutory provisions of the wakf act, 1995 mentioned above. ..... the view expressed by justice s.a kader, former judge of high court of madras in his book on 'the law of wakfs', 1999 edition page 267, which is a lucid commentary on the wakf act, 1995.9. ..... submitted an application under order 7 rule 11, cpc for rejection of the plaint on the ground that the civil court has no jurisdiction to decide this dispute and it can be decided only by wakf tribunal constituted under the wakf act, 1995. ..... the wakf act, 1995 has come into force ..... this respect in 1984 was never enforced and that explanation has been retained in section 6(1) of the wakf act, 1995. .....

Subhan Shah (Deceased by L. Rs.) and ors. Vs. M.P. Wakf Board and ors.

Court : Madhya Pradesh

Reported in : AIR2004MP22; 2003(4)MPLJ513

..... thus on consideration of the fact and features of the case and also legal provisions under the wakf act, 1995 the tribunal has rightly and legally framed the scheme . ..... wakf act, 1995 (for short 'the act').3. ..... 16 and 17 of the impugned order for the welfare of the plaintiffs (fakirs) (sic) are rendering services to the 'majar' is valid according to the wakf act, 1995 or not? ..... therefore, this argument of shri saraf, learned counsel appearing for the board appears to be meritless that there is no provision in the wakf act for framing any scheme of management to the mujawaris and khidmatgars rendering services on 'majars'. ..... the board pleaded that on 29-11-1967, the defendant filed an application for registration of 'majar' as wakf under section 25 of the act and, thereafter invited objections upon it, by publishing a general notice on 7-12-1967, and affixed a copy of the notice on the conspicuous part of the 'majar' on 8-12-1967. ..... his further submission is that according to the provisions of the wakf act, the 'majar' has rightly been registered as a wakf property. ..... there is no provision in the wakf act by which the mujawars or mutwallis can get share in the income of the said 'majar' along with the offerings thereto. ..... therefore, the wakf act clearly provides for framing of any scheme of management of 'majar' and also for settlement of the rights of the mujawaris regaining wajifa offerings etc. .....

Madhya Pradesh Wakf Board Vs. Abdul Rais and ors.

Court : Madhya Pradesh

Reported in : 2003(4)MPHT370

..... this is a revision filed by madhya pradesh wakf board under section 83(9) proviso of the wakf act, 1995 against the order dated 16-4-2000 passed by wakf tribunal, bhopal in case no. ..... on 27-12-1996, the respondents filed an application before the tribunal constituted under the wakf act under section 6/7 of the act of 1995 seeking a declaration that the suit property specified in the official gazette (wakf list), dated 13-9-1985 referred supra, is not in fact a wakf property but the said property exclusively belongs to respondents (applicants before the tribunal). ..... indeed, when the suit itself was barred by limitation, the respondent had no power to file an application under section 6/7 of the amended wakf act, 1995 before the tribunal. ..... , wakf board has filed this revision under section 83(9) proviso of the wakf act, 1995.4. ..... in my considered opinion, the application made by the respondents under section 6 read with section 7 of the act of 1995 was hopelessly barred by time and hence, it merits dismissal on this short ground. ..... in exercise of powers conferred by section 5(1)(2) of wakf act of 1954, the board on 13-9-1985 published in the official gazette declaring that the property specified in the gazette (suit property) is a wakf property situated in district ujjain.3. .....

M.P. Wakf Board Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 1999(1)MPLJ723

..... consequent to the passing of wakf act, 1995 (henceforth 'the act'), the civil suit stood transferred to 'the tribunal' under section 83 thereof. ..... there is a legislative prohibition in the shape of section 85 of 'the act' to the effect that civil court shall not decide the dispute of the nature triable by the tribunal. ..... in the prayer clause, it has not been mentioned in this application under section 24 of the code of civil procedure where the applicant wants the proceedings pending before the madhya pradesh wakf tribunal, bhopal (henceforth 'the tribunal') to be transferred.2. ..... the state government has been given power to constitute wakf tribunals by notification in the gazette for determination in relation to matters under 'the act'. ..... there is no other person who could act as a presiding officer of the tribunal'.4. ..... the court has no power to create a new tribunal which is the power of the state legislature under section 83 of 'the act'. .....

Alhaj Iftekhar Ahmad Vs. M.P. Wakf Board and anr.

Court : Madhya Pradesh

Reported in : AIR2005MP220

..... this revision under section 83(9) of the wakf act 1995 (hereinafter referred to 'the act' for short) is directed against the order dated 15-7-03 passed by the state wakf tribunal, bhopal in case no. 4/03.2. ..... the grievance of the applicant is that an enquiry contemplated under section 64(3) of the act was not conducted, as such the order of board removing him from the office of the mutawalli is illegal-null and void. ..... applicant was mutawalli of wakf madarsa diniyat jinsi jahangirabad, bhopal. ..... thereafter as ordered by the chairman the enquiry contemplated under section 64(3) of the act was conducted by the o.s.d. ..... therefore, applicant preferred an appeal under section 64(4) of the act before the tribunal stating inter alia that the non-applicant-board did not conduct enquiry contemplated under section 64(3) of the act. ..... wakf rules 2000 lays down that if any action under section 64 is contemplated against any mutawalli then the board shall decide to proceed for enquiry through the chief executive officer who shall call for ..... considering the reply submitted by the applicant the board directed an enquiry to be conducted by osd and on the basis of report found the applicant guilty of mismanagement of the wakf. ..... to this non-applicant board has placed before the tribunal its resolution empowering the chairman to initiate the enquiry contemplated under the provisions of the act.4. ..... being aggrieved, the applicant has preferred this revision under section 83(9) of the act.3. .....

M.P. Wakf Board Vs. the State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2000(1)MPHT117

..... consequent to the passing of wakf act, 1995 (henceforth 'the act'), the civil suit stood transferred to 'the tribunal' under section 83 thereof. ..... there is a legislative prohibition in the shape of section 85 of 'the act' to the effect that civil court shall not decide the dispute of the nature triable by the tribunal. ..... in the prayer clause, it has not been mentioned in this application under section 24 of the code of civil procedure where the applicant wants the proceedings pending before the madhya pradesh wakf tribunal, bhopal (henceforth 'the tribunal') to be transferred.2. ..... the state government has been given power to constitute wakf tribunals by notification in the gazette for determination in relation to matters under 'the act'. ..... there is no other person who could act as a presiding officer of 'the tribunal'.4. ..... the court has no power to create a new tribunal which is the power of the state legislature under section 83 of 'the act'. .....

Santosh Yadav, S/O Late Shri Kashiram Yadav. Vs. Shri MoIn Akhtar, S/O ...

Court : Madhya Pradesh Jabalpur

..... he further contended that under section 85 of wakf act, 1995 jurisdiction of civil court pertaining to wakf properties is absolutely barred therefore, he prayed for adding the applicant as respondent in these appeals and further prayed to dismiss both the appeals for want of ..... 76/04 in the counter claim that on 15.09.91 zanab khan has given the suit property to wakf for mosque and imambada and has also executed hibanama in this regard and the defendant/appellant of f.a. ..... considering the fact that property was registered in the name of wakf board, newly added party has right to plead their case before the trial court and plaintiff/appellant of ..... learned civil court has no jurisdiction to try the suit relating to wakf property because jurisdiction of trial of such suits is vested in the ..... learned counsel for applicant mutawali committee, wakf masjid, chandal bhata, marhotal, jabalpur through its president shri mubeen ahmad contended on the basis of averments of ..... 2 and applicant mutawali committee, wakf masjid, chandal bhata, marhotal, jabalpur through its president shri mubeen ahmad as ..... 8484/10 filed by mutawali committee, wakf masjid, chandal bhata, marhotal, jabalpur through its president shri mubeen ahmad are ..... circumstances, applicants have direct interest in the subject matter and an effective decree can not be passed without impleading the wakf board as party in the suit. ..... it was prayed that this court may please to allow the applicant(wakf board) to be impleaded as respondent no. .....

Akash Jain. Vs. Jama Masjid Committee.

Court : Madhya Pradesh Jabalpur

..... applicant/defendant has directed this revision under section 83(9) of the wakf act, 1995 being aggrieved by the order dated 26.6.2010 passed by the m.p ..... but in any case, at the request of the respondent, after taking into consideration the factual matrix of the case and the basic spirit of the aforesaid section 114 of the act, if some directions to deposit the arrears of rent or mesne profit without mentioning any consequence of it has been given by the tribunal then it could not be said that such order has been passed by the ..... giving a quit notice of terminating the tenancy with respect of the disputed premises, the impugned suit for eviction has been filed in the above mentioned tribunal under the provisions of the transfer of property act as under the wakf act no such procedure has been provided and applicability of any provision of transfer of property act has neither been excluded nor barred. ..... the respondent being constituted under the provision of wakf act, its property is governed with such enactment. ..... is also undisputed circumstance that under the wakf act no provision either for creating the lease or determining the same or to determine the rights and liabilities of the lessor and lessee are enacted so, in such circumstance, the alleged lease transaction of the disputed premises between the respondent and the applicant shall be governed with the provision of section 105 to 117 enacted to govern the lease of immovable property in chapter v of the transfer of property act. .....

Wakf Imambara Imlipura Vs. Smt. Khursheeda Bi and ors.

Court : Madhya Pradesh

Reported in : AIR2009MP238; 2009(5)MPHT271

..... before dilating upon the submissions, we note that the wakf act, 1995 has been enacted to bring a new comprehensive act with respect to wakf matter incorporating the features of 1954 act and such provisions of 1954 act with respect to which near reached consensus after holding wide discussion wakf tribunal has been constituted so as to consider matters about wakf property and wakf. ..... in the circumstances, i am of the opinion that the bar created by section 85 of the wakf act, 1995 does not apply in the present case, which pertains to a suit for eviction of the tenant from the disputed shop after determination of the tenancy/lease. ..... in the writ petitions common question is involved with respect to interpretation of provision of section 85 of the wakf act, 1995 whether the suit filed by the wakf for ejectment of the tenant is maintainable before the civil court or such a dispute is to be adjudicated by wakf tribunal, under the wakf act, 1995.2. ..... a perusal of section 85 of the wakf act, 1995 shows that in case, there is any dispute, question or other matter 'relating to any wakf, wakf property or other matter which is required by or under this act to be determined by a tribunal' then no suit or other legal proceeding shall lie in any civil court in respect of such dispute, question or matter.169. .....

Kallu Khan Vs. Wakf Intajamiya Committee and Another

Court : Madhya Pradesh

..... aforesaid factual matrix, in the opinion of this court, bar as created under section 85 of the wakf act, 1995 squarely applies to the facts in hand as the questions to be answered in the light of the plaint allegations and the prayer clause are related to the wakf property and the alleged status of the plaintiff has already been determined to be an encroacher by the wakf tribunal vide its order dated 23/3/2009, hence, the suit has rightly been dismissed by the ..... , provisions as contained in section 83(1), (2) and section 85 of the wakf act, 1995 and that of order vii rule 11(d) of cpc are reproduced below:- ..... aforesaid facts, it is submitted that in the light of section 85 of the wakf act, 1995, the instant suit is barred. ..... court, moot question is as regards maintainability of nature of suit filed before the civil court under section 9 of cpc in the background of provisions contained in the wakf act, 1995. ..... courts below have found that in the light of the provisions of section 85 of the wakf act, the instant suit is barred by law and, therefore, falls under the clause of suits as contemplated under order vii rule 11(d) of cpc and ..... the wakf act has been enacted to provide for better administration and supervision of wakf and wakf properties spread over ..... under order vii rule 11 of cpc on 14/5/2009 inter alia contending that in fact vide order dated 29/11/2008 of the wakf committee under section 54 of the waqf act, the plaintiff was ordered to vacate the suit premises within thirty days. .....