Judgment Search Results Home > Cases Phrase: wakf act 1995 Page 16 of about 287,912 results (0.144 seconds)

The Janab. O.K.N.Mohammed of Saliqu President of Masjid Baharsha Oliyu ...

Court : Chennai Madurai

..... present writ petition by this court will not preclude the petitioner to file a necessary application before the state government, in terms of section 62(2) of the wakf act, 1995 and to seek such appropriate remedy, as it deems fit and proper, based on the facts and circumstances of the case, which float on the ..... because of the reason that under section 65(2) of the wakf act, 1995, an application may be filed by any interested person in the wakf and even the state government may on its own motion may call for the records of any case for the purpose of satisfying itself as to the correctness, legality and propriety of the notification issued by the wakf board, under sub section (1) and pass such orders ..... petitioner in the writ petition is that section 65(1) of the wakf act, 1995 deals with direct management of certain wakf by the board, when there is no suitable person available for appointment, as muthawalli of a wakf and in the instant case, there are numerous persons available in the jamath for appointment of muthawalli and therefore, the impugned resolution by the second respondent invoking section 65(1) of the said act, is highly an arbitrary and illegal one. 10. also ..... respondent, based on the resolution, had issued the notification, on 17.03.2016, by invoking section 65(1) of the wakf act, 1995, taking over the mosque of the petitioner, under direct management of tamil nadu wakf board, for a period of one year and appointed the fourth respondent, as an executive officer. 9. .....

Amthul Azeez Fathima and Another Vs. Nawab Fazeelathunnissa Begum Sahi ...

Court : Chennai

..... of the learned counsel for the petitioner that since the suit wakf was governed by a scheme framed by the court and the lease deed was executed after obtaining permission from the scheme court in terms of the scheme decree, the lease deed executed in favour of the petitioner herein/plaintiff cannot be questioned by the respondent/defendant (wakf) and that section 56 of the wakf act, 1995 will not have application to the suit lease. ..... contention of the learned counsel for the petitioner that the suit lease should be construed to be a continuation of the lease created in favour of his mother much before the wakf act, 1995 came into force and that hence the respondent/defendant (wakf) cannot rely on section 56 to contend that the lease is invalid. ..... , the lease deed being one executed in violation of the statutory provision found in section 56 of the wakf act, 1995, the petitioner/plaintiff does not have a prima facie case. ..... wakf act, 1995 came into force, the then mutawalli (managing trustee) chose to grant the lease, after obtaining permission from the scheme court and without approaching the wakf board, for 50 years, which is totally against the mandate provided under section 56 of the wakf act, 1995 ..... sub clause (2) of section 56 of the wakf act, 1995 makes it clear that any lease created with or without the previous sanction of the wakf board shall be void, if the lease ..... only thereafter, that too after the wakf act, 1995 came into force, the petitioner chose to apply for grant of .....

Maharashtra State Board of Wakf, Through Its District Wakf Officer Vs. ...

Court : Mumbai Aurangabad

..... under the provision the wakf act, 1954 and the wakf act 1955 alienation of wakf property is illegal and void (section 51 of wakf act, 1995). ..... definition of wakf was given in section 3(l) of the wakf act, 1954 and in the subsequent legislation, wakf act, 1995, definition of wakf given in section 3(r) is similar. ..... like the provisions made in the wakf act, 1995 there were similar provisions in the wakf act, 1954. ..... 3) the proceeding is filed under section 83 (9) of the wakf act, 1995 to challenge the order made by the wakf tribunal aurangabad on exhibit 5 of wakf suit no. ..... in this case the apex court has laid down that under section 6(4) of the wakf act, 1954, stranger is not covered and so the stranger is not under obligation to file suit within period of one year as prescribed in the provision. ..... further in view of the provisions of the muslim law and the provisions of the wakf act, the property cannot be allowed to be used for the purpose other than the purpose for which the property was dedicated. ..... it is contended that, the property is registered as wakf property under the provisions of wakf act, 1954 and notification in that regard was published in official gazette dated 27-3-1980. ..... muslim wakf act, 1936, once a wakf is created it continues to retain such character which cannot be extinguished by any act of the mutawalli or anyone claiming through him. .....

Madurai Yagappanagar Muslim Jamaat Noorul-Hudha Jumma Pallivasal Socie ...

Court : Chennai Madurai

..... alia, stating that the property which the petitioner wants to alienate through the pending document (sale deed) on the file of the 1st respondent, belongs to the noorul-hudha jumma pallivasal, which is nothing but a wakf coming under the purview of the wakf act as defined under section 3(r) of the wakf act, 1995 amended by act 27 of 2013. ..... petitioner has also invited the attention of this court to section 40(3) of the wakf act, which reads as follows:- 40(3) where the board has any reason to believe that any property of any trust or society registered in pursuance of the indian trusts act, 1882 (2 of 1882) or under the societies registration act, 1860 (21 of 1860) or under any other act, is wakf property, the board may notwithstanding anything contained in such act, hold an inquiry in regard to such property and if after such inquiry the ..... per contra, the learned counsel appearing for the wakf board (respondents 2 and 3) submitted that even if a wakf is not registered under the wakf act, the said wakf will come under the purview of the wakf act, since even unregistered wakf will fall within the purview of wakf act as defined under section 3(r) of the wakf act. .....

Chief Executive Officer, Raj. Board of Muslim Wakf and ors. Vs. Islamu ...

Court : Rajasthan

Reported in : RLW2007(4)Raj3341

..... learned single judge of this court held that where the petitioner was initially nominated by the state government as a member of wakf board and thereafter was elected as chairman where the term of the board was upto 2.1.1996 and on 1.1.1996 new wakf act, 1995 came into force, therefore, petitioner submitted his resignation in december, 1995 but by notification dated 2.1.1996 petitioner's term was extended with other members of the board till reconstitution of the board ..... under the new act and the petitioner had completed his term of 5 years, instead of reconstituting the board, the state government ..... in this batch of revision petitions filed under section 83(9) of the wakf act, 1995 (for short, the 'act'), a short but interesting question arises for consideration by this court.2. ..... in this appeal it has been stated that the process of election for the constitution of the board under section 14(2) of the act of 1995 has already been started and as per the programme the process will be completed before 11.7.99 the outer limit given by the learned single judge for constitution of the board.in view of all this, we dispose of this .....

State of Rajasthan Through the Chief Secretary and ors. Vs. Rajasthan ...

Court : Rajasthan

Reported in : 2002WLC(Raj)UC682; 2002(4)WLN702

..... this revision petition under section 83 of the wakf act, 1995 read with section 115 c.p.c. ..... 6650/91 before this court which was dismissed on 11.7.1995 observing that there being dispute of title between the parties, remedy under article 226 of the constitution is not appropriate. ..... claiming it to be the wakf property, the writ petition before this court was also filed which was dismissed on 11.7.1995. ..... the order dated 18.7.2000 of rajasthan wakf tribunal, jaipur is quashed and set aside. ..... it is also pointed out that earlier tamari wakf committee, bayana moved a writ petition no. ..... the board of muslim wakfs for rqjasthan, jaipur v. ..... is directed against the order dated 18.7.2000 of the rajasthan wakf tribunal, jaipur in case no. ..... the madras state wakf board, madras v. ..... specific objection about maintainability of suit for want of notice under section 109 of the rajasthan panchayat raj act was also raised. ..... the plaintiff wakf board was also party to that petition. ..... : air1996kant55 .learned counsel for the plaintiff non-petitioners supported the order of the learned wakf tribunal.4. ..... the karnataka wakf board v. ..... punjab wakf board v. ..... rqjasthan board of muslim wakf, jaipur- s.b. ..... punjab wakf board ambala and anr. v. ..... mysore state board of wakfs v. k.s. .....

M.S. Abdul Hameed Vs. S.M. Sheik Mohammed,

Court : Chennai

Reported in : AIR2003Mad179; (2003)1MLJ216

..... and the contents of the same, the learned counsel would point out that it is a statutory appeal that is provided under section 64(4) by the enactments, the wakf act 1995, which is in pari-materia of section 86 of the old act and would cite a judgement delivered in n.m. ..... under section 89 of the wakf act 1995 are in pari-materia is not ..... to 5 under section 83(5) of the wakf act 1995 read with order 7 rule 11 c.p.c ..... of the wakf act 1995 is mandatory re-requisite and inevitable and the proceeding in wakf o.p. no. ..... that these petitioners/defendants have no locus-standi to challenge the validity of such non-compliance of the provision of law under section 89 of the tamil nadu wakf act 1995. ..... counsel for the petitioner would submit that the petitioner was the mutawalli and he was removed and someone-else got appointed which could be challenged under section 64(4) of the wakf act before the tribunal within 30 days and section 89 is not a bar nor is it necessary and that it is only a continuation of proceedings on such grounds. ..... during arguments, the learned counsel appearing on behalf of the petitioner cited sections 63 and 64 of the wakf act which are respectively concerned with 'the power of the board to appoint mutawallis in certain cases in case of vacancy in the office of the wakf' and 'removal of the mutawalli by the board from its office for reasons specified in sub sections (a) to (k) of section 64(1)' and would further cite section 64(4) wherein it is laid that 'in case a mutawalli .....

Waheed BIn Mohammed Vs. Niazunnisa Begum

Court : Andhra Pradesh

Reported in : 2006(3)ALD488; 2006(4)ALT753

..... plea of the defendant seems to be that the plaintiff although claimed herself to be the landlord of the suit property, the property thus actually belongs to wakf board and, therefore, the dispute since arises in between the plaintiff and the defendant in respect of the property which is the property of the wakf board, the civil court has no jurisdiction except the tribunal constituted under section 83 of the wakf act, 1995 (for short 'the act'). ..... that act was amended time to time and the wakf act, 1995 was the latest ..... the avowed object of having a better administration and supervision of the wakfs for the first time the indian parliament passed the wakf act, 1954. ..... any dispute in regard to the wakf property by the individual persons claiming the property as theirs and not that of the wakf, the act envisages the adjudication of the disputes by constituting the ..... learned single judge of this court after having survey of various precedents rendered by the apex court, this court and other high courts and the provisions of the act, held that when there is a special forum created for adjudication of the disputes relating to wakf properties entertaining those disputes by the civil court despite ouster of jurisdiction under section 85 of the act, leads to multiplicity of litigation. ..... such circumstances, it was held by a learned single judge of this court that all disputes relating to wakf property have to be decided by the tribunal constituted under the act but not by the civil court.12. .....

Md. MoinuddIn Son of Nawab Shah Alias Md. Nawab Ali Vs. Md. Mustafa So ...

Court : Patna

Reported in : AIR2010Pat24,2010(58)BLJR4

..... 1447, wherein the apex court after examining the scheme of the act had held that-the tribunal shall not have jurisdiction to determine any matter which is subject matter of any suit or proceeding instituted or commenced in a civil court before commencement of the act and if any suit has been instituted in any civil court prior to coming into force of the wakf act, 1995, then the tribunal will have no jurisdiction to decide such matter and to continue and ..... would find that there was also no contrary intention under section 112 of the act, the repeal and saving clause under the act and even though the wakf act, 1954 and wakf amendment act, 1984 were sought to be repealed, since there was no provision of a tribunal in the aforesaid old act for excluding the power of the civil court in terms of section 7 of the act it must be held that the suit which was filed by the plaintiff- opposite party ..... transfer of pending cases-(1) any suit or other proceeding pending before any court immediately before the date of constitution of a tribunal under this act and after the date of the commencement of the act (act 43 of 1995), the cause of action of which is based on such facts that if the tribunal would have been constituted it would be within the jurisdiction of such tribunal, shall be deemed to be transferred to such tribunal on the date of constitution of the tribunal. ..... coming into force of the wakf act, 1995.20. .....

K. Ajmal Khan and Others Vs. The Assistant Engineer, Tamil Nadu Electr ...

Court : Chennai

..... submitted that an inquiry was instituted under sections 70 and 71 of the wakf act, 1995 with respect to the mismanagement of the wakf properties by the illegal trustees and the same is pending before the tamil nadu wakf board. ..... submitted that admittedly the premises is a wakf property and the petitioner is nothing but an encroacher as defined under section 3(ee) of the wakf act, 1995. ..... enquiry was conducted under the wakf act and the said proceedings are pending before the tamil nadu wakf board. ..... that the petitioner does not have a subsisting lease agreement with the mutawalli of the wakf or the wakf board and the petitioner being an encroacher does not deserve any indulgence of this court. ..... respondent issued a letter to the first respondent requesting him to refrain from providing electricity supply without production of a no objection letter from the second respondent as the applicants were illegal occupants of the wakf lands and that a self styled trust was issuing no objection certificate unauthorisedly to the illegal occupants. ..... has filed a counter affidavit stating that he is the chief executive officer of the tamil nadu wakf board, the second respondent in the present writ petition. ..... unfortunately the aforesaid z.jamaludeen, instead of administering the wakf, abandoned his position of presidentship and colluded with the illegal trust and appointed himself as the finance trustee of the alleged trust and executed a lease in favour of the petitioner dated 17.10.2010 for a sum .....