Judgment Search Results Home > Cases Phrase: wakf act 1995 Page 15 of about 287,912 results (0.118 seconds)

Raju Narayanappa Othare and anr. Vs. the Registrar (General) High Cour ...

Court : Karnataka

Reported in : ILR2004KAR1454; 2004(4)KarLJ28

..... section 7(1) and section 7(5) of the wakf act, 1995, are extracted herein:section 7(1)-if, after the commencement of this act, any question arises, whether a particular property specified a wakf property in a list of wakfs is wakf property or not, or whether a wakf specified in such list is a shia wakf or a sunni wakf, the board or the mutawalli of the wakf, or any person interested therein, may apply to the tribunal having jurisdiction in relation to such property for the decision of the question and the decision of the tribunal thereon shall ..... challenged these two orders of the learned district judge and that of the civil judge as being passed without a proper understanding of provisions of section 7(5) of the wakf act, 1995, and have sought for other issuance of a writ of mandamus to direct the learned civil judge (jr.dn. ..... exclusion clause of section 7(5) of the wakf act, 1995, clearly reveals that where a civil suit is pending for resolving a dispute as on the date the wakf act, 1995, came into force i.e. ..... appreciate the contentions raised by the petitioners, it is necessary to briefly refer to the relevant provisions of the wakf act of 1954 and 1955; the wakf act, 1995, has repealed the wakf act 1954. ..... pending and therefore, by virtue of section 7(5) of the wakf act, 1995, the wakf tribunal did not possess the jurisdiction. ..... to properly apply their mind to the exclusion clause of section 7(5) of the wakf act, 1995, and thereby, have failed to exercise jurisdiction vested.12. .....

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. .....

Abdul Qayyum S/O Abdul Hamid Khan and Others Vs. the Additional Collec ...

Court : Mumbai Aurangabad

..... the learned counsel has also invited my attention to the relevant provisions of wakf act, 1995, which enables the wakf board to pass resolution authorizing the chief executive officer to exercise the powers and pursuant to such delegation of power, the powers are exercised by the chief executive officer in the facts of this case. ..... the learned counsel appearing for the revision applicants submits that, the chief executive officer, maharashtra state board of wakf is having no jurisdiction to try and decide the matter under section 51 and 52 of the wakf act, 1995 as there is no resolution regarding delegation of power by the wakf board to the chief executive officer in the present matter. ..... it is submitted that, under section 52 of the wakf act, 1995, transfer of wakf property if is in contravention of section 51, then after satisfaction of the board and after making inquiry that, immovable property of wakf entered in the register of wakf maintained under section 36, has been transferred without the previous sanction of the board and in contravention of the provisions of section 51, then only board can send requisition to the collector for obtaining delivery of the possession to ..... therefore, upon recording satisfaction that, it is necessary to take steps for recovery of the wakf property through the collector under section 52 of the wakf act, 1995, an order under section 52(1) came to be passed on 19th january, 2005. .....

Babu (Deceased and Represented by His Lrs.) Vs. Khudial Qayum and Anot ...

Court : Allahabad

..... has rendered barred by section 85 of wakf act, 1995? 19. ..... before the high court return a notice issued by the collector including petitioner's property in the list of waqf properties stating that he was not incharge of any waqf property as defined in section 2(e) of 1923 act whereupon the collector referred the matter to the district judge who held the property as a waqf property and the question was whether the order of district judge was within jurisdiction or ..... came muslim wakfs act, 1936 act (act ..... (d)............................................. (e)"wakf" means the permanent dedication by a person professing the mussalman faith of any property for any purpose recognised by the mussalman law as religious, pious or charitable, but does not include any wakf, such as is described in section, 3 of the mussalman wakf validating act, 1913, under which any benefit is for the time being claimable for himself by the person by whom the wakf was created or by any of his ..... means any person appointed either verbally or under any deed or instrument by which a wakf has been created or by a court of competent jurisdiction to be the mutwalli of a wakf, and includes a naib-mutwalli or other person appointed by a mutwalli to perform the duties of the mutwalli, and, save as otherwise provided in this act, any person who is for the time being administering any wakf property; ..... 3, mussalman wakf validating act, 1913, is excluded from the operation of the ..... . 2 of the act it is clear that a wakf of the .....

The Hazarat Thable Aalam Badusha Natharvali, Dargah and Others Vs. F. ...

Court : Chennai Madurai

..... respondent/plaintiff is represented by muthavalli who can be removed from his office as per the provisions of the wakf act, 1995, and since he has to carry out the directions of the board and to perform other duties enjoined under the act, this court is of the considered view that pre-suit notice as required under section 89 (old section 56) of the act is very much necessary/mandatory and in the instant case, the plaintiff has not issued the pre ..... to plethora of decisions about the jurisdiction of the civil court to interfere in the matters relating to the wakf, this court having held that act 43 of 1995 is a self-contained code and that any dispute relating to the wakf has to be decided by the tribunal constituted under act 43 of 1995 and there has been a specific bar of jurisdiction of the civil court under section 85 of act 43 of 1995 relating to any wakf or wakf property or any other matter which is required to be decided by the tribunal and having found that ..... we are further of the opinion that even if an order has been passed prior to the commencement of the wakf act, 1995, or a dispute, question or matter has arisen before the commencement of the said act, the wakf tribunal can adjudicate such issues or questions or the correctness of such an order, because the intention of parliament in enacting wakf act, 1995 is that any dispute or matter pertaining to wakf should go before the wakf tribunal. .....

Anjuman A. Burhani Vs. Daudi Bohra Jamaet, Registered Society and anr.

Court : Rajasthan

Reported in : AIR2009Raj150

..... the learned counsel for the petitioner urged that section 85 of the wakf act, 1995 clearly bars jurisdiction of civil court in respect of 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 constituted under section 83 of the said act and scope of jurisdiction of the tribunal is not limited to the disputes as defined in sections 6 and 7 of the said act and, therefore, even the injunction suit filed by the plaintiff which ..... the plaintiff/appellant is at liberty to approach the special tribunal constituted to try the suits under the wakf act, 1995, for appropriate relief, if he is so advised and on receipt of any such application from the plaintiff/appellant, the tribunal shall condone the delay occurred due to the pendency of the above appeal before this court. ..... the defendant--petitioner contended before the court below that section 85 of the wakf act, 1995 barred the present suit of injunction filed by the plaintiff also and, therefore, the learned court below has erred in rejecting the application under order 7, rule 11, c.p.c. ..... reported in 2006 (5) rdd 2434 (raj) another coordinate bench of this court dealing with the provisions of section 85 of the act held as under:section 85 of the act of 1995 creates a bar of the civil court's jurisdiction but that is in relation to those persons who are interested in wakf. .....

itc Limited and Another Vs. Union of India by Its Secretary, Ministry ...

Court : Karnataka

..... sha in civil appeal no.3095/2005 disposed on 29.3.2006 held that the wakf act 1995 is a general act and the public premises act is a special act and therefore the general act cannot overwrite the special act and as such there is no repugnancy between the two acts. ..... i) whether section 2(e)(v) of the karnataka public premises (eviction of unauthorized occupants) act, 1974 as substituted by the karnataka public premises (eviction of unauthorized occupants) act, 1974, as per amending act 22 of 1999 is repugnant to the provisions of the wakf act, 1995 and violative of article 14 of the constitution? ..... sri ashok haranahalli, learned advocate general for the respondent state contends that the wakf act, 1995 deals with the better administration of wakfs and on the other hand the public premises act, deals with summary eviction of unauthorized occupants. ..... further there is no corresponding provision under the present wakf act 1995 and the resolution passed by the wakf board is not revived and consequently the entire proceedings before the competent authority are without jurisdiction. ..... section 112 of the wakf act, 1995 specifies, notwithstanding the repeal of the wakf act, 1954 anything done or any action taken under the said act shall be deemed to have been done or taken under the corresponding provisions of this act. ..... since there is no corresponding section in the new wakf act, 1995, the resolution passed by the wakf board in the year 1981 cannot be revived. .....

Lanco Hills Technology Park Private Limited Vs. Mahaboob Alam Khan and ...

Court : Andhra Pradesh

..... at the outset, be it recorded that a decision of the wakf tribunal shall be final and binding on the parties to the application and no appeal shall lie against the decision or order whether interim or otherwise given or made by the wakf tribunal (sections 83(2), (7) and (9) of the wakf act, 1995 (the wakf act). ..... under section 83 of the wakf act, 1995, this tribunal has jurisdiction to determine the character of suit land. ..... m/s.mehaboob alam khan and ibrahim bin abdullah masquati (hereafter, persons interested) filed o.s.no.99 of 2007 before the wakf tribunal under sections 6(1) and 83(2) of the wakf act asserting that they are not government lands and the alienation in favour of respondents is illegal. ..... if the property is notified under 1954 act or 1995 act as wakf property, it is conclusive evidence of being so unless and until it is declared otherwise by a court or statutory tribunal, in accordance with the provisions of the act. ..... he would further submit that the errata was not published in accordance with the provisions of the wakf act and even if it is so, it is effective from the date of its publication and it cannot be given effect from the date anterior to publication. ..... these are the wakfs which were published by the wakf board under 1954 act, those published after coming into force of 1995 act and those wakfs which are yet to be surveyed and published. ..... both the acts (1954 and 1995) contain similar provisions for the survey and notifying the wakfs. .....

D. Venkata Krishna Rao and Others Vs. Government of A.P., Rep. by Prin ...

Court : Andhra Pradesh

..... the two questions need to be addressed without ignoring the fact that persons interested in the wakf have already filed suits before the andhra pradesh state wakf tribunal (the wakf tribunal) under the wakf act, 1995 (the wakf act, for brevity) and are pending for trial. ..... in our opinion, all matters pertaining to wakfs should be filed in the first instance before the wakf tribunal constituted under section 83 of the wakf act, 1995 and should not be entertained by the civil court or by the high court straightaway under article 226 of the constitution of india. ..... the word wakf has been defined in section 3(r) of the wakf act, 1995 and hence once the property is found to be a wakf property as defined in section 3(r), then any dispute, question or other matter relating to it should be agitated before the wakf tribunal. ..... whether the writ petitions challenging the errata notifications are maintainable and whether they are barred in view of the effective and efficacious alternative remedy available under the wakf act, 1995? ..... whether the errata notification dated 06.04.2006 is ultra vires the provisions of the wakf act, 1995? ..... the learned single judge held that division of the property was not made in accordance with the wakf deed and that 1995 wakf act was applicable for the portion earmarked for wakf-al-al-aulad. .....

Mahaboobsa Begum Vs. Soorsha Makkan Wakf, Represented by its Executive ...

Court : Chennai

..... reading of sections 4 to 7 of the wakf act, 1995 makes it clear that if any dispute arises with regard to the notification of the wakf property, the same shall be decided by the wakf tribunal as per section 85 of the wakf act. ..... out that section 4 of the wakf act, 1995 deals with the appointment of the survey commissioner of wakfs and as many as additional or assistant survey commissioners of wakfs by the government. ..... /original defendants 1 to 3 submitted that in view of the provisions contained in the wakf act, 1995, absolutely, the suit is not maintainable. ..... commencement of the wakf act, 1995 alone are to be transferred to the wakf tribunal. .. ..... involved in the suit, which is covered under the wakf act, 1995. ..... the respondents 2 to 4/ original defendants 4 to 6 is not maintainable, in view of the provisions contained in the wakf act, 1995. ..... of the wakf act and the provisions thereunder are not wide enough to determine any matter, which forms the subject matter of any suit or proceeding, instituted or commenced in a civil court and it is confined only in respect of 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 ..... the typed set of papers filed by the applicants / original defendants 1 to 3 were carefully perused, it is seen that as required under section 4 of the wakf act, the government has notified the suit property as wakf property vide g.o.ms.no.14, public (political) department, dated 03.01.1969. .....