Judgment Search Results Home > Cases Phrase: wakf act 1995 Page 18 of about 287,912 results (0.139 seconds)

Syed Mohammad Ahmad Hasan Son of Late Syed Mohammad Hasan Vs. Shia Cen ...

Court : Allahabad

Reported in : AIR2009All38

..... exercised the delegated power under section 27 of the wakf act, 1995 but a mutawalli could have been removed only by a majority of not less than two-thirds of the members of the board as provided under section 64(3) of the act. ..... learned counsel for the respondents has submitted that the remedy of the petitioner was to file an appeal under section 64(4) of the wakf act, 1995. ..... the functions and discharge the duties of a mutawalli; or(d) is an undischarged insolvent; or(e) is proved to be addicted to drinking liquor or other spirituous preparations, or is addicted to the taking of any narcotic drugs; or(f) is employed as a paid legal practitioner on behalf of, or against, the wakf; or(g) has failed, without reasonable excuse, to maintain regular accounts for two consecutive years or has failed to submit, into consecutive years, the yearly statement of accounts, as required by sub-section (2) of section 46; or(h) is interested, directly or indirectly, in a subsisting ..... made with, or any work being done for the wakf or is in arrears in respect of any sum due by him to such wakf; or(i) continuously neglects his duties or commits any misfeasance, malfeasance, misapplication of funds or breach of trust in relation to the wakf or in respect of any money or other wakf property; or(j) willfully and persistently disobeys the lawful orders made by the central government, state government, board under any provision of this act or rule or order made thereunder;(k) misappropriates or fraudulently .....

Karnataka Wakfs Protection and Another Vs. the State of Karnataka and ...

Court : Karnataka

..... the wakf act, 1995 (43 of 1995) was amended by the wakf (amendment) act, 2013. ..... by the said notification, in exercise of the powers conferred under s.14(9) of the wakfs act, 1995 (for short the act) and rule 32 of the karnataka wakfs rules, 1997, the persons named therein were appointed as members of the board for a period of five years under s.15 of the act. 2. ..... the present act (act 43 of 1995), which replaced the wakfs act, 1954 (29 of 1954) and the wakfs (amendment) act, 1984 (69 of 1984) was enacted to provide for better administration of wakfs and for matters connected therewith or incidental thereto. 3. ..... , the present act, 1995, for better administration of the wakfs and the matters connected therewith or incidental thereto. 4. ..... , the challenge to the nomination and appointment of respondents 5 and 6, for constitution of the 3rd respondent board and keeping in view the provision in s.3(k) of the act, in my opinion, the 1st petitioner being a muslim organisation and the 2nd petitioner being interested in the wakf, the petitioners have the locus-standi to maintain these writ petitions. 18. ..... nominations of respondents 5 and 6 herein, made to the karnataka state board of wakfs, by the state government, in exercise of power under s.14(1)(c) and (d) of the act has to be examined, keeping in view the aforesaid factual background and the rival contentions. 21. ..... wakfs and matters relating thereto were governed by the wakfs act, 1954. .....

A. Noormohammed Vs. The Chief Executive Officer, Tamil Nadu Wakf Board ...

Court : Chennai Madurai

..... the interest of justice and fair play, directs the first respondent/chief executive officer, tamil nadu wakf board, chennai, to dispose of the said representation of the petitioner, dated 19.03.2015, as soon the said board is constituted, as per section 14 of the wakf act, 1995 and in any event, not later than 8 weeks, after the constitution of the said board, by passing a reasoned, speaking order on merits (of-course ..... filed under article 226 of the constitution of india for issuance of writ of mandamus directing the respondents 1 and 2 to pass orders under section 48 and 49 of wakf act, 1995, by considering the application preferred by the petitioner dated 19.03.2015 within the period that may be stipulated by this honourable court.) 1. ..... in view of the fact that the petitioner's representation dated 19.03.2015 addressed to the first respondent/chief executive officer, tamil nadu wakf board, chennai is now pending, without any disposal, till this date, at this stage, this court, without expressing any opinion on the merits and contents of the representation of the petitioner, dated 19.03.2015, in ..... according to the petitioner, his representation dated 19.03.2015 was addressed to the first respondent/chief executive officer, tamil nadu wakf board, chennai, whereby and whereunder, a request was made to take necessary action against the erstwhile pallivasal office bearers, based on audit report in na.ka.no.81/a2/2014 .....

Syed Mudeer Vs. the Chief Executive Officer, Karnataka Board of Wakfs, ...

Court : Karnataka

..... a show cause notice was issued to him on 27.12.2010 under section 64(3) of the wakf act, 1995 (for short, the act) as per annexure-b alleging that being the president of the wakf, he had failed in managing, administering and protecting the interest of the wakf property, in that, one mr. ..... he also points out that as per sub-section (6) of section 67 of the act, instead of superseding the committee under sub-section (2), the board may remove any member thereof if it is satisfied that such member ha abused his position as such or had knowingly acted in a manner prejudicial to the interests of the wakf, after giving reasonable opportunity of showing cause against the proposed action. ..... he refers to section 64(1)(i) and sub-section (3) of section 64 of the act, to contend that it is only the board which has the competency to remove the mutawalli from office if such mutawalli continuously neglects his duties and commits any misfeasance, malfeasance, misapplication of funds or breach of trust in relation to the wakf or in respect of any money or other wakf property, that too after holding an inquiry into the matter in the prescribed manner and the decision has to be taken by a majority of not .....

Peruvallur Sidhikkabad Nusrathul Islam Sangham, Juma-Ath Palli Committ ...

Court : Kerala

..... questions as to how a dedication amounting to a wakf is effectuated; when does it take effect; and, as to what is the effect of a purported subsequent substitution of the dedicated corpus by the waqif are raised for decision in these revisions under the proviso to section 83(9) of the wakf act, 1995, for short, the act, preferred against the decision rendered by the wakf tribunal in a suit. ..... for the aforesaid reasons, the tribunal was justified in holding that in view of the crystallization of ext.a1 as a wakf in terms of section 3(r) of the act, the plaintiff was entitled to the reliefs sought for. ..... having this view as to the legislative intendiment of object of protection of wakfs, we see that no power of ex post facto sanction can be read into the provisions of section 51 of the act even as it stood before the 2013 amendment; more particularly, in contra-distinction to the legislative prescription for prior sanction. 12. ..... not only that, while examining the scheme of the act as it originally stood and the change in law that has been brought in 2013; the clear indication is that there was always a legislative thrust to preserve the wakf properties insulating it from transfers. ..... such increase in statutory restrictions through amendments to the act, that have come into force by 2013 is a clear indication against a judicial approach that ex post facto sanction could be granted by the wakf board under section 51 of the act. .....

Nanda Seshikala and ors. Vs. A.P. State Wakf Board and ors.

Court : Andhra Pradesh

Reported in : 2003(5)ALD796; 2003(5)ALT466

..... that the 1st respondent issued the impugned notices to the petitioners under section 54(1) of the wakf act, 1995 (for short 'the act') on the ground that the petitioners unauthorisedly encroached into the land of wakf property to the extents indicated in the notices. ..... has no role to play when the authority under the act is empowered to take action in accordance with the provisions of sub-section (1) of section 54 of the act whenever an encroachment is complained of independent of such power, the wakf board, may under the relevant provisions of the act, institute a suit before the tribunal for decision of the ..... thus, if a direction has been issued by the chairperson to the ceo to make an enquiry as to whether the property in question is wakf or not and the nature and extent, if any, in exercise of the jurisdiction conferred on the ceo under section 54, the same cannot ..... said that by virtue of doctrine of election, the wakf board could not have invoked the power under sub-section (3) of section 54 of the act or that the final orders have been issued with mala ..... it is pertinent to note that the petitioners are taking the plea for the first time, that as per the circular of the high court, the wakf board ought to have sought the transfer of the suits to the tribunal constituted under section 83 of the act. ..... any suit for any purpose is filed by the wakf board in a civil court, that does not take away the jurisdiction of the chief executive officer conferred under section 54(1) of the act.8. .....

M. Mohammed Hussain Vs. The Superintendent of Police, Cuddalore Distri ...

Court : Chennai

..... when the petitioner is in possession, the lease in favour of the sixth respondent is illegal and void by virtue of section 51 of the wakf act, 1995. ..... the fourth respondent, the chief executive officer of the tamil nadu wakf board, has filed a counter stating that the fourth respondent had already forwarded a communication to the office of the sub registrar, chidambaram, to cancel the lease deed executed through the power agent of the fifth ..... since the fifth respondent, the muthavalli of the wakf refused to receive the rent, the petitioner filed a suit in o.s.no.146 of 2015 for mandatory injunction directing the fifth respondent to receive the rent. .....

M/s. Rahmathullah Sha Mosque Durga Private Wakf-Ulal-Aulad Vs. The Set ...

Court : Chennai Madurai

..... therefore, the petitioner/durgah approached the settlement officer to grant ryotwari patta in their favour in terms of ingredients of tamil nadu inam estate (abolition and conversion into ryotwari) act 26 of 1963 and wakf act, 1995. 6. ..... therefore, an appeal was filed before the learned inam tribunal/principal sub judge, trichy under section 12(2) of act 26 of 1963 in inam c.m.a.no.3 of 2011. 7. ..... thereafter, during the british rule, the said property was included in the inam register of the year 1865 and included in the t.d.no.877 and the entire properties of the durgah were also entered in the wakf register. 5. .....

Aminul Islam Vs. Bijoya Prava Barua and ors.

Court : Guwahati

..... is true that the wakf act, 1995 was enacted by the parliament to deal with a large number of cases pending in courts concerning disputes relating to wakfs and wakf properties and that the tribunal constituted under the act can decide all disputes, questions or other matters relating to a wakf or wakf property. ..... respect of the portions of the wakf property occupied by then is riot barred by section 85 of the wakf act, 1995 ('the act' for short). ..... section 7, however, deals with the power of the tribunal to determine disputes regarding wakfs existing after the commencement of the act, which says that if, after the commencement of the act, any question arises, whether a particular property specified as 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 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 ..... to section 6(1), which declares that for the purpose of sections 6 and 7, the expression 'any person interested therein' shall, in relation to any property specified as wakf property in the list of wakfs published after the commencement of the act, shall include every person who, though not interested in the wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served served on him in that behalf during .....

State Of A.p. Vs. A.p.state Wakf Board .

Court : Supreme Court of India

..... . 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?.56 ..... . whether the errata notification dated 06.04.2006 is, ultra vires the provisions of the wakf act, 1995? ..... (1), or as the case may be, under sub-section (2) of section 13 and shall include a common wakf board established under section 106; xx xx xx (g) list of wakfs means the list of wakfs published under sub-section (2) of section 5; xx xx xx 21 for short 1995 act 31 (k) person interested in a wakf means any person who is entitled to receive any pecuniary or other benefits from the wakf and includes xx xx xx (p) survey commissioner means the survey commissioner of wakf appointed under sub-section (1) of section 4 and includes any additional or assistant survey ..... . it was pleaded that grant of such jagir stood abolished under section 16 of the abolition regulation which came into force on 15.8.1949, therefore, mashrut-ul-khidmat as part of wakf in 1954 act or 1995 act would not apply to the lands in question.47 .....