Judgment Search Results Home > Cases Phrase: wakf act 1995 Page 11 of about 287,912 results (0.128 seconds)

Sk. Abdul Saleem Vs. A.P. State Wakf Board, Rep. by Its Executive Offi ...

Court : Andhra Pradesh

Reported in : 2006(2)ALD501; 2006(2)ALT76

..... the learned counsel further contended that the impugned order, which was passed strictly following the procedure as contemplated under section 67 of the wakf act, 1995, and after affording a reasonable opportunity to the petitioner to submit his explanation, is not amenable to the jurisdiction of this court ..... the learned counsel also contends that since the power of supersession conferred under section 67 of the wakf act can be exercised on the subjective satisfaction of the board, the mere fact that reasons were not recorded is immaterial and on that ground ..... wakf or of the provisions of this act and the rules made thereunder:(2) notwithstanding anything contained in this act, and in the deed of the wakf, the board may, if it is satisfied, for reasons to be recorded in writing, that a committee, referred to in sub-section (1) is not functioning properly and satisfactorily, or that the wakf is being mismanaged and that in the interest of its proper management, it is necessary so ..... and abide by such directions as the board may issue from time to time:provided further that if the board is satisfied that any scheme for the management of a wakf by a committee is inconsistent with any provision of this act or of any rule made thereunder or with the directions of the wakf, it may, at any time, modify the scheme in such manner as may be necessary to bring it in conformity with the directions of the .....

M.A. Muhammed Kunju Vs. Biju S/O. Sainudeen and ors.

Court : Kerala

Reported in : 2008(2)KLT833

..... section 32 of the wakf act, 1995 (hereinafter referred to as 'the act') deals with the powers and functions of the wakf board and confers power on the wakf board to administer, manage, control, supervise the wakf and to regulate the powers of mutawalli in so far as it relates to the management of wakf properties. ..... in within its sweep not only matters which are specifically conferred on the tribunal by the various provisions of the act, but also any dispute, question or any other matter relating to any wakf or wakf property since those powers have also been conferred on the tribunal by the wakf act itself and that on examining the scheme of the act and various provisions, it is clear that the intention of the legislature is to resolve all disputes by one machinery and forum ..... subhan shah : (2006)10scc696 had considered the powers and jurisdiction of the statutory authorities under the wakf act and held that different authorities are created by the same statute to exercise their respective functions within the four corners of the statute. ..... 957 examined similar provisions in the wakf act and held that the function of registration of a property as wakf property, being that of the board and since it is the duty of the board in the process to decide a question as to whether a property is wakf or not, it is for the board to consider and decide the question at the first instance. .....

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. .....

Namira Construction Pvt. Ltd. Vs. Fazal Imam Public Religious and Char ...

Court : Patna

..... no statutory provision of the wakf act, 1995 has been brought to my notice whereunder the parties to the earlier agreement are precluded from signing the subsequent agreement dated 9.9.2002, annexure-2 superseding the earlier agreement ..... the mutwallis began to negotiate the terms of the development agreement with the proposed builders, namely, the applicant and it was agreed between them in their meeting dated 3rd august, 2002 that the wakf estate would be getting 45 per cent of the built up area as per the sanctioned plan and proposal to that effect was submitted by the builder to the mutwalli faiz murtuja ali under letter dated 5.8.2002, annexure ..... and in the circumstances could not have superseded the earlier agreement dated 2.9.2002, annexure-1 between the parties as the contents of the earlier agreement dated 2.9.2002 had the approval of the wakf board which is apparent from perusal of the resolutions of the board dated 16.7.2000 and 2.1.2001 annexed with the pleadings as annexures-16 and 17 and in view of the aforesaid legal position applicant invoked the arbitration clause 30 ..... during the course of hearing it has been submitted on behalf of the applicant that subsequent agreement dated 9.9.2002, annexure-2 though executed by and between the parties but was never acted upon as would appear from the conduct of the parties and the various documents appended with the pleadings filed in the case, namely, the note-sheet of the authority, annexure-8 and r/17 as also power of .....

Hanifsha Baba Darga E. Darbar Vs. Salimkhan Karimkhan and ors.

Court : Mumbai

Reported in : 2009(1)BomCR793

..... submits that the trust khairullasha darga besides being a trust is a wakf and as such now governed by the wakf act, 1995 which came into force from 1. ..... the application under bombay public trust act was filed after coming into force of the wakf act 1995. ..... entertaining an application for framing a scheme and whether the additional district judge also erred in entertaining and deciding the appeal against the order of the assistant charity commissioner in view of the provisions of section 32 of the wakf act, 1995?4. ..... result of such repeal is that all wakfs are now governed by wakf act and whosoever wants to get his grievance redressed for or against the wakf has to do it under the wakf act. ..... having gone through the provisions of section 112(3) of the wakf act it is clear that as far as applicability of the bombay public trust act to wakf is concerned the said act stands repealed. ..... that by virtue of provisions of section 112 of the wakf act, all acts are deemed to be repealed and therefore bombay public trust act is not applicable to the wakf. ..... scheme of the wakf act is seen it would be clear that it makes a remedy as well forum available under the act. ..... respondents 1 and 2 herein filed an application under section 50-a of the bombay public trust act before the assistant charity commissioner for settlement of a scheme in respect of khairullasha darga chikhli ..... that proceedings with regard to any wakf now need to be taken up under this new act and only before the forums provided under the act. .....

Gori Sultan and ors. Vs. A.P. State Wakf Board and ors.

Court : Andhra Pradesh

Reported in : 2007(4)ALT174

..... initiated steps under section 18 of the wakf act, 1995, for constitution of a managing committee of the wakf in question. ..... he points out that, if the 1st respondent is of the view that any acts and omissions have taken place in the hands of the petitioners detrimental to the interests of the wakf, an inquiry under the relevant provisions of the wakf act ought to have been conducted, and the unilateral action, through the impugned order, cannot be sustained, either on facts, or ..... in his affidavit, the 15th respondent had stated that the administration of the wakf is suffering on account of the disputes between the various groups, including those of the petitioners, on the one hand and respondents 2 to 14, on ..... contends that on receiving the information, that the petitioners were not properly administering, or managing the affairs of the wakf, the committee was re-constituted, and that no illegality has taken place.3. ..... for the management of the affairs of the wakf, the 1st respondent constituted a committee with the 1st petitioner as president; petitioners 2 to 5 as office bearers, and petitioners 6 to 11 as members, through its order dated 30-8-2005, for a period ..... and the matter was inquired through the concerned wakf inspector. ..... there is a wakf, by name, sultan shaheed dargah-cum-ldgah at atmakur mandal ..... counsel for the 15st respondent, on the other hand, submit that the replacement of the petitioners with respondents 2 to 14 became necessary to protect the interests of the wakf. .....

State of Andhra Pradesh, Rep. by Its Principal Secretary to Government ...

Court : Andhra Pradesh

Reported in : 2008(5)ALT306

..... 2932 of 2008 was converted into c.r.p under section 83(9) of the wakf act, 1995 (hereinafter for short referred to as 'the act' for the purpose of convenience) and thus the matter is coming up ..... 106 of 2007, as irregular and contrary to the provisions of the wakf act, 1995 and the land acquisition act, 1894 and consequently to set aside the same, the petitioners-government, filed the present writ petition.the writ petition was admitted and unofficial ..... state wakf board : 2004 (3) alt 254, submitted that the present writ petition, filed by the petitioners against an interlocutory order passed by the wakf tribunal, is not maintainable, and the remedy of the petitioners is to file revision before the high court as available to them under section 83(9) of the wakf act, 1995.however, having regard to the fact that ..... pleader for revenue representing the revision petitioners had taken this court through the contents of the impugned order under challenge and would maintain that even if the reasons recorded by the andhra pradesh wakf tribunal, hyderabad, (hereinafter for short referred to as 'the tribunal' for the purpose of convenience) if to be carefully examined the first respondent-petitioner-plaintiff was unable to establish strong prima facie case, balance of convenience or ..... no objection.hence, the registry is directed to convert this writ petition into a revision under section 83(9) of the wakf act, and list the matter before the court having provision to hear the c.r.ps.3. .....

Mir Shabbir Ali Vs. A.P. State Wakf Board and ors.

Court : Andhra Pradesh

Reported in : 2007(1)ALD259

..... the petitioner seeks a writ of mandamus declaring the impugned order appointing enquiry officer as one without jurisdiction under the provisions of the wakf act, 1995 (the act, for brevity).2. ..... , 'wakf includes a wakf in relation to which any scheme has been made by any court of law, whether before or after the ..... the income thereof is duly applied to the objects and for the purposes for which such wakfs were created or intended:provided that in exercising its powers under this act in respect of any wakf, the board shall act in conformity with the directions of the wakf the purposes of the wakf and any usage or custom of the wakf sanctioned by the school of muslim law to which the wakf belongs.explanation:- for the removal of doubts, it is hereby declared that in this subsection .....

Managing Committee, Wakf Vs. State of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2000(5)ALT626

..... however, he was appointed as treasurer of the managing committee under the provisions of the wakf act, 1995 {for short 'the act').5. ..... the third respondent preferred the so called appeal under sections 65(2), 66 and 97 of the act against the order passed by the wakf board before the first respondent and the said appeal is taken up for consideration and disposal by the hon'ble minister for municipal administration. ..... in my considered opinion, the state government in purported exercise of power under section 97 of the act cannot give any direction whatsoever in a particular case and compel the wakf board to decide its statutory duties and obligations in a particular manner. ..... section 63 of the act confers powers upon the wakf board to appoint mutawallis when there is a vacancy in the office of the mutawalli of a wakf and there is no one to be appointed under the terms of the deed of the wakf, or where the right of any person to act as mutawalli is disputed. ..... the government's power to interfere with the order passed by the wakf board rejecting the request of the third respondent for being appointed as mutawalli is traceable to sections 65, 66 and 97 of the act, according to the learned counsel for the third respondent. ..... it is highly unreasonable and contrary to law that the management of the minority religious institution especially of a mosque is being interfered with by a person who is neither a mussalli nor a person interested as defined under the wakf act. .....

Mohammad Islam and Etc. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : AIR2005Raj93; 2005(1)WLC719

..... learned counsel for both the parties has referred certain clauses of the wakf act, 1995. ..... naqvi submits that this revision petition is not maintainable not only pursuant to the amended provisions of cpc but also in view of this fact that as per sections 6, 51 and 83 of the wakf act it is the jurisdiction of the wakf tribunal to decide the controversy also whether the intazamia committee has raised any construction beyond the limits of the wakf property as specified under the notification or not. ..... heard rival submissions of the learned counsel for the respective parties, carefully gone through the relevant provisions of the wakf act as well as the public premises (eviction of unauthorised occupants) act, 1971 and the judgments referred by mr. ..... (2) notwithstanding anything contained in sub-section (1), no proceeding under this act in respect of any wakf shall be stayed by reason only of the pendency of any such suit or of any appeal or other proceeding arising out of such suit. ..... - for the purposes of this section and section 7, the expression 'any person interested therein', shall, in relation to any properly specified as wakf property in the list of wakfs published after the commencement of this act, shall include also every person who, though not interested in (he wakf concerned. .....