Judgment Search Results Home > Cases Phrase: wakf act 1995 Court: madhya pradesh Page 8 of about 7,051 results (0.064 seconds)

Sufi Tafseer Mohd Vs. M.P. Wakf Board

Court : Madhya Pradesh

..... interim stay was passed and the learned tribunal has rejected the same and for rejecting the application for stay two reasons are given: the firs.reason is that under section 67(4) of the wakf act, 1995 there is no provision for stay. ..... for the purpose of managing the property in question, an order has been passed by the wakf board, appointing a committee and challenging the same the appeal has been filed before the tribunal, which is pending. ..... challenging an interlocutory order passed by the wakf tribunal on 4.2.2013, refusing to grant stay in an appeal proceedings pending before the wakf tribunal, this writ petition has been filed. ..... versus mp wakf board and others 22.02.2013. .....

Ramesh Chandra Shrivas Vs. Shri Murti Ramchandraji

Court : Madhya Pradesh

Reported in : 2004(1)MPHT225

..... (supra), in para 11 while interpreting the applicability of the present impugned notification, by placing reliance on certain decisions of the apex court has categorically held that it is clear that section 3 of the act does not give power to issue notification with retrospective effect nor does the notification itself says that it is retrospective in operation thereby ultimately holding that the impugned notification can not be made applicable retrospective ..... 352 : (air 1985 sc 817), is that inasmuch as the statutory period of ten years expired during the pendency of the suit, the act became applicable and the suit must be disposed of only in accordance with the provisions of the act and in particular sub-section (2) of section 20, this decision has, however, been explained in a subsequent decision in nand kishore marwah v. ..... normal rule is that general words in a statute must receive a general construction unless there is something in the act itself such as the subject-matter which the act is dealing or the context in which the said words are used to show the intention of the legislature that they ..... hereby exempts all the accommodations owned by--(i) the wakf, registered under the wakf act, 1954 (no. ..... in the said case, their lordships while examining the newly notification under east punjab urban rent restriction act, whereby the exemption was made applicable, it was held by the apex court that the notification granting exemption ..... majority view) air 1995 sc 1012 and ..... air 1995 sc 1215 .....

Syed Shaheed Ali Vs. M.P. Wakf Board

Court : Madhya Pradesh

1 w.p.no.8869/2012 syed shaheed ali versus m.p.wakf board & ano.22.06.2012 heard shri pradeep naveria learned counsel for the petitioner, on the question of admission and interim relief. the petitioner has filed this petition being aggrieved by the proposed nomination of the members of the executive committee of anjuman-a-islamia, betul. as on date nominations have not been made and, therefore, the cause of action does not arise. even otherwise, the remedy of the petitioner against the aforesaid proposed action of the respondents has statutorily been provided under the wakf act and in such circumstances i do not find any reason to entertain the present petition, at this stage, which is disposed of with liberty to the petitioner to take up proceedings before the appropriate authority in accordance with law as and when cause of action arises. with the aforesaid liberty, the petition filed by the petitioner stands disposed of. c.c as per rules. ( r.s.jha ) judge mms/-

Chhedilal Agarwal Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1984MP94

..... and 7 deal with the procedure for taking action on an application by a holder of agricultural land who is a party to a transaction of loan subsisting on the appointed date, for protection and relief under this act section 6 empowers the sub-divisional officer to assume jurisdiction after holding a preliminary enquiry for ascertaining whether the transaction of loan is a prohibited transaction of loan and after recording such satisfaction he shall issue notices to the ..... state of madras, air 1971 sc 161, while referring to certain provisions of the madras inam estates (abolition and conversion into ryotwari) act (26 of 1963) the supreme court observed that if the act refers to the reduction of arreals of rent or debts due from agriculturists,'then the slate legislature had competence to legislate in respect of the same under entry 18 of list ii of ..... sections of the people mentioned in the, definition of holder of agricultural land in section 2 (c) of the act has not been defined or explained in the act, but its concept is not unknown and by reference to other provisions the meaning and content can be easily ..... holds eight hectares of unirrigated land or four hectares of irrigated land but has other professional or business income or is otherwise well to do, cannot take advantage of the protection afforded by this act for the simple reason that he cannot be described as holder of agricultural land in the weaker sections of the people. ..... air 1977 sc 1825; khajamian wakf estates v. ..... wakf .....

Abdul Rashid (Dr.) Vs. Mst. Farida W/O Abdul Rashid

Court : Madhya Pradesh

Reported in : 1994(0)MPLJ583

..... of the additional chief judicial magistrate, holding that the application even on behalf of the divorced woman was prosecutable after the enforcement of the muslim women act, and further holding that in prosecution of that application the parties would be required to exercise their option under section 5 of the act to say whether they would prefer to be governed by the provisions of sections 125 to 128, criminal procedure code or by the provisions of the ..... for maintenance, so far as it was on behalf of muslim divorced woman, which was admittedly the status of non-applicant farida in this revision, became unprosecutable after the enforcement of the muslim women act and there could be no question of parties being given any opportunity to exercise option referred to in his order by the learned additional sessions judge. ..... this argument seeks to make an irrational classification with regard to applications pending at the commencement of the muslim women act by divorced muslim women, between those which were made initially by muslim wives but who came to be subsequently divorced and between those applications which were made even initially ..... muslim woman who has not remarried, is unable to maintain herself and is desirous of obtaining maintenance for post iddat period, her remedy is that mentioned in section 4 of the muslim women act, to obtain an order from a magistrate, who may direct payment to be made to her by her children, parents, other relatives or wakf board, in that order. .....

Darul Shafquat Society Kaala Dharwaja Vs. M.P.Wakf Board

Court : Madhya Pradesh

..... it is submitted that as a result of the interim order further steps which are required to be taken in accordance with the wakf act by the respondents/authorities are not being taken by them, therefore, the petition be disposed of as infructuous. ..... it is however, pointed out by the learned counsel for the respondents that the impugned order dated 03.03.2007 which has been assailed before this court whereby the wakf committee had been constituted had a life of three years only which period has elapsed long back and therefore, nothing further survives for adjudication in the present petition. .....

Munni Begam Vs. Abdul Satar

Court : Madhya Pradesh

Reported in : II(2001)DMC596

..... the shares of those relatives whose shares have been ordered by the magistrate to be paid by such other relatives, under the second proviso of sub-section (1), the magistrate may, by order, direct the state wakf board established under section 9 of the wakf act, 1954 (29 of 1954), or under any other law for the time being in force in a state functioning in the area in which the woman resides, to pay such maintenance as determined by ..... that the legislature was fully alive to the situation and after considering the facts section 5 was introduced in the act which provides that :'if on the date of the first hearing of the application under sub-section (2) of section 3, a divorced woman and her former husband declare, by affidavit or any other declaration in writing in such form ..... high court took a view that any rights acquired by the wife for recovery of maintenance prior to act are not affected by the enforcement of the act and the rights can be executed under the provisions of section 128 of the code. 8. ..... learned counsel for the petitioner further submitted that the intention for bringing the act would be frustrated if the order of maintenance is enforced under the provisions of section 128 ..... abdul wahid, i (1995) dmc 385=1994 plj 701, has held that the wife was divorced on 8.8.1990 and the application under section 3 of the act claiming maintenance was filed on 14.81991, the provisions of the act will be applicable as the application was filed after the commencement of the act. 13. .....

Madhya Pradesh Ration Vikreta Sangh, Jabalpur and ors. Vs. State of Ma ...

Court : Madhya Pradesh

Reported in : AIR1981MP203

..... is argued that the 1960 control order was made by the state government in exercise of its delegated power under section 5 of the essential commodities act with the concurrence of the central government and, therefore, any amendment of that order could only be made with the concurrence of the central government. ..... the second contention raised by the learned counsel for the petitioners is that formation of opinion under section 3 of the essential commodities act which is necessary for making an order under that section, could not have been delegated and was not delegated under section 5 to the state ..... in ramanlal's case, the guiarat high court held that the action of the state government under the essential commodities act in entrusting wholesale distribution of sugar to co-operative societies to the exclusion of other licence holders was violative of article 14 of the ..... is argued that the state government could have made these provisions is an order made under section 3 read with section 5 of the essential commodities act as was the position under the 1960 control order before its amendment. ..... there is an additional ground that it was not made in exercise of the power conferred by section 3 read with section 5 of the act and was made in exercise of the executive power of the state. ..... the power to make an order under section 3 of the act in respect of matters covered by the 1960 control order de-legated to the state government under section 5 does not require concurrence of the ..... of wakfs. .....

Dr. Abdul Rashid Vs. Mst. Farida

Court : Madhya Pradesh

Reported in : 1994CriLJ2336

..... maintenance, so far as it was on behalf of muslim divorced woman, which was admittedly the status of non-applicant farida in this revision, became unprosecutable after the enforcement of the muslim women act and there could be no question of parties being given any opportunity to exercise option referred to in his order by the learned additional sessions judge. ..... from the date of the application until the moment of her divorce, such an order would not be contrary to the provisions of muslim women act, because as already seen, the muslim women act does not at all deal with muslim wives or enact any provision governing their rights. ..... this argument seeks to make an irrational classification with regard to applications pending at the commencement of the muslim women act by divorced muslim women, between those which were made initially by muslim wives but who came to be subsequently divorced and between those applications which were made even ..... that the expression 'every application by a divorced woman' employed in section 7 of the muslim women act covers all applications by divorced women whether or not they were divorced when the applications were made. ..... who has not remarried, is unable to maintain herself and is desirous of obtaining maintenance for post-iddat period, her remedy is that mentioned in section 4 of the muslim women act, to obtain an order from a magistrate, who may direct payment to be made to her by her children, parents, other relatives or wakf board, in that order. .....

Ramkishan Agarwal and anr. Vs. the Collector, Jabalpur and ors.

Court : Madhya Pradesh

Reported in : AIR1977MP21

..... and some others of 1968, decided on november 18, 1970 = (reported in air 1971 sc 161) their lordships of the supreme court laid down thus:--'it was next urged that the provisions in the impugned acts reducing the liability of the tenants in the matter of payment of arrears of rent, whether decreed or not was beyond the legislative competence of the state legislature ..... , who are intimately connected with the rural population, have shown any zeal or enthusiasm in protecting the rights of the debtors conferred by, or the obligations of the creditors imposed by the act, it is only commendable because, otherwise, these categories of debtors would not even know what rights the lawgivers have conferred on them ..... the petitioners are not entitled to any compensation inasmuch as they are deprived of their property (i) by authority of law; and (ii) the act does not provide for transfer of ownership or right to possession of any property to the state or to a corporation owned or controlled ..... the petitioners contend that the state government had no legislative competence to pass the impugned act, the subject-matter of which is not covered by any of the entries, either in ..... revenue officer has over-stepped his powers and tried to arrogate jurisdiction of the civil court in initiating or taking cognizance of any suit or proceeding for judicial determination of such rights or obligations, such acts of theirs would be struck down as null and void being ultra vires the law.22 ..... khajamian wakf .....