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Amil HakimuddIn and ors. Vs. Abbas HusaIn and ors.

Court : Madhya Pradesh

Reported in : 2002(5)MPHT181; 2002(2)MPLJ50

..... a case in which the provisions of the wakf (madhya pradesh amendment) act, 1994 were considered which now stands repealed by the wakf act, 1995. ..... revision it has been argued on behalf of the petitioners that in view of sections 6, 40 and 85 of the wakf act, 1995 the jurisdiction of the civil court has been specifically excluded and it has been conferred on the wakf tribunal constituted under section 83 of this act. ..... submitted a separate application stating therein that according to section 6 of the wakf act, 1995 the dispute can be decided only by the wakf tribunal constituted under this act. ..... inbuilt safeguard in the provisions of the wakf act, 1995 in the form of the principles of natural justice at every stage before a property is declared to be wakf property. ..... question of the ouster of jurisdiction of the civil court will be decided in view of the statutory provisions of the wakf act, 1995 mentioned above. ..... the view expressed by justice s.a kader, former judge of high court of madras in his book on 'the law of wakfs', 1999 edition page 267, which is a lucid commentary on the wakf act, 1995.9. ..... submitted an application under order 7 rule 11, cpc for rejection of the plaint on the ground that the civil court has no jurisdiction to decide this dispute and it can be decided only by wakf tribunal constituted under the wakf act, 1995. ..... the wakf act, 1995 has come into force ..... this respect in 1984 was never enforced and that explanation has been retained in section 6(1) of the wakf act, 1995. .....

Pookoya Haji Vs. Cheriyakoya

Court : Kerala

Reported in : 2003(3)KLT32

..... wakf act, 1995 has given a statutory meaning to the word 'wakf under section 3(r) of the act which reads as follows: 'wakf means the permanent dedication by a person professing islam, of any movable or immovable property for any purpose recognised by the muslim law as pious, religious or charitable and includes: (i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser;(ii) 'grants', including mashrut-ul-khidmat for any purpose recognised by the ..... , one of the important changes made in the wakf act, 1995 was the constitution of the wakf tribunal for resolution of disputes relating to wakf and wakf property and such other matters which are required by the act to be resolved by the tribunal. ..... the wakf act, 1995 (act 43 of 1995) was enacted by the parliament and was brought into force throughout the country except the state of jammu & kashmir with effect from 1.1.1996. ..... under the wakf act, 1995 as we have indicated considerable power has been given to various officers to deal with the wakf property. ..... wakf act, 1995 was enacted to provide for the better administration of wakfs. ..... we are in these cases concerned with the jurisdiction and powers of the wakf tribunals constituted in the state of kerala by the wakf act, 1995. .....

Siruvadi Mosque Wakf Vs. the Tamilnadu Wakf Board and ors.

Court : Chennai

..... the third respondent in w.p.no.16916 of 2011 has passed the order impugned without taking note of the provisions contained under section 40 of the wakf act, 1995, section 22-a of the registration act, 1908, coupled with section 51 of the wakf act, 1995 prohibit such a transfer being opposed to public policy. ..... 10.further, the question of registration under section 40 of the wakf act, 1995 is not the subject matter of the suit. ..... section 40 of the wakf act, 1995 provides exclusive power for the wakf board to decide as to whether the property is a wakf property or not. ..... a specific stand was taken by the petitioner in w.p.no.262 of 2010 that the suit was not maintainable and the wakf tribunal has also observed that the registration of a wakf can only be done by the wakf board under section 40 of the wakf act, 1995. ..... the further question as to whether the mandate of section 40 of the wakf act, 1995 has not been complied with or not also will have to be canvassed and contested before the wakf tribunal. ..... liberty was also given to the third parties to initiate action under section 36 of the wakf act, 1995 for registration. ..... decision rendered by the civil court has got no application as the same cannot overreach the provisions contained under section 40 of wakf act, 1995. ..... and when, such an appeal is filed by the petitioner, within the time granted by this court, the concerned wakf tribunal is directed to decide it on merits and in accordance with law, without going into the issue of limitation. .....

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla and ors.

Court : Supreme Court of India

..... force on 1st january, 1996, was enacted, the state government issued a notification on 1st december, 1997, in exercise of its powers under sub-section (1) of section 4 of the wakf act, 1995, whereby the state government appointed :-a) settlement commissioner and director of land records, maharashtra state, pune, to be survey commissioner of wakfs; andb) additional commissioners of konkan, nashik, pune, nagpur, amravati and aurangabad revenue divisions to be additional survey commissioners, for the purpose of making a survey ..... salve, but submitted that in the absence of a validly constituted board of wakfs, the wakf act, 1995, could not be said to have come into force in maharashtra which continued to be governed by the state government ..... in the instant case, the corresponding law to the wakf act, 1995, when it came into force, was the maharashtra wakf act and the provisions of the bombay public trusts act which became ineffective on account of the provisions of section 112(3) of the 1995 act. ..... prior to the enactment of the wakf act, 1995, the central wakf act, 1954, was in force, but did not apply to some of the states which had special acts of their own, such as uttar pradesh, west bengal, parts of gujarat and maharashtra and some of the north- ..... salve submitted that the power to establish a board of wakfs was vested in the state government under section 13 of the wakf act, 1995 and sub-section (2) thereof lays down the manner in which the power is to be exercised by the state .....

Managing Committee, Nade Ali Masque, Bodhan, Nizambad District Vs. And ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD811

..... the wakf act, 1995, act 45 of 1995 referred to as act, is infact for better administration of the wakf and for ..... by both the sides relating to the powers of wakf tribunal to make interim orders, for the purpose of deciding this question, certain provisions of the wakf act, 1995 may have to be looked into. ..... vacant section 63 of wakf act 1995 empowers the board to ..... office of muthawalli of the wakf institution, the wakf board appointed respondent nos.2 and 3 as muthawalli and joint muthawalli in accordance with law under section 63 of the wakf act 1995. ..... were vacated and aggrieved by the same; the petitioner had filed the present civil revision petition under the proviso to sub-section (9) of section 83 of the wakf act, 1995 [herein after for short called as act]. ..... application against the orders passed under section 63 of wakf act, 1995. ..... sri mirza immamullah baig representing revision petitioner had drawn my attention to several sections of the wakf act and had contended that the expression 'person interested' has an elaborate interpretation, even a person who offers prayers also can be considered as a person interested, and if such an elaborate interpretation is given ..... in syed amjadulla khadir case [supra], it was held that section 42 of the wakf act, 1954 does invest the muslim wakf board with powers to make interim arrangements and it is beyond the scope and jurisdiction to make any permanent appointment of a muthawalli which in this case is closely connected with the question of .....

M. Govinda Rao and ors. Vs. A.P. State Wakf Board and ors.

Court : Andhra Pradesh

Reported in : 2008(2)ALD188; 2008(2)ALT429

..... . the wakf act, 1995 does not confer power on even the state government and the state wakf board, let alone the qazi, to sell wakf lands otherwise than by ..... wakf property is also dedicated, under section 3(r), for pious and religious purposes, the wakf act, 1995 prohibits the central and the state government from interfering therewith except to the limited extent specified under the act. ..... the wakf act, 1995 provides sufficient safeguards to preserve and protect immovable wakf property and prescribes stringent measures to prevent ..... the wakf act 1995, has been enacted by parliament to provide for the better administration of wakfs and for matters connected therewith or ..... 40 years, it is stated that neither was any lease granted by the board in their favour nor was any sanction accorded under section 56 of the act, that wakf lands could not be alienated in relaxation of section 51 of the act, that after enquiry the inspector and auditor of wakfs, in his report dated 4.4.1994, had stated that the tenants were not showing any interest to spend amounts to make the lands fit for cultivation, that ..... 22 dated 18.10.2004; (8) since prior sanction of the government had been obtained, and directions had been issued to the wakf board under section 97 of the act, these lands, even if it were held to be wakf lands, could be sold under rule 12; and (9) while public auction was the norm, in cases where the lands were in the possession of the tenants for the past several decades, their sale, .....

Aliyathammada Beethathabiyyapura Pookoya Haji Vs. Pattakkal Cheriyakoy ...

Court : Kerala

Reported in : AIR2003Ker366

..... wakf act, 1995 has given a statutory meaning to the word 'wakf under section 3(r) of the act which reads as follows :'wakf' means the permanent dedication by a person professing islam, of any movable or immovable property for any purpose recognised by the muslim law as pious, religious or charitable and includes : (i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser; (ii) 'grants', including mashrut-ul-khidmat for any purpose recognised by the ..... one of the important changes made in the wakf act, 1995 was the constitution of the wakf tribunal for resolution of disputes relating to wakf and wakf property and such other matters which are required by the act to be resolved by the tribunal. ..... the wakf act, 1995 (act 43 of 1995) was enacted by the parliament and was brought into force throughout the country except the state of jammu and kashmir with effect from 1-1-1996. ..... under the wakf act, 1995 as we have indicated considerable power has been given to various officers to deal with the wakf property. ..... wakf act, 1995 was enacted to provide for the better administration of wakfs. ..... we are in these cases concerned with the jurisdiction and powers of the wakf tribunals constituted in the state of kerala by the wakf act, 1995. .....

A.M. Shamsudeen Vs. A.M. Mohamed Salihu and ors.

Court : Chennai

Reported in : (2003)2MLJ526

..... there is also a plea that the civil court has no jurisdiction after the enactment of wakf act, 1995. ..... there is no evidence at all to show that the board members have either approached the learned supervisor or the learned receiver for taking proceedings under the wakf act and the elected members have not produced any material to show that they have taken any action under the wakf act during the interregnum period between 13.1.2002 to 29.7.2002. 92. ..... we are of the view that the present trustees by withdrawing the suit for removal of encroachment of wakf property have acted against the interest of the trust and they helped the unsuccessful candidates to set up a plea of non-pendency of suit against them ..... commented as regards the withdrawal of the suit and the suit was withdrawn only on the basis of legal opinion obtained and the suit was withdrawn only to approach the tribunal constituted under the wakf act and it was done in a bona fide manner. 90. ..... have already held that we are sitting in revision and this court is not inclined to go into the question whether there was trespass into the wakf property or not and it is a matter that should be decided by civil court or other authorities under the wakf act as the case may be. ..... are not expressing any opinion on the question whether the civil court has the jurisdiction or the chief executive officer under the wakf act has the jurisdiction to remove the encroachment when the trust claims that the property in question is a wakf property. .....

Haji T.Azeezur Rahman Rowther. Vs. the Additional Secretary Department ...

Court : Chennai

..... the tamil nadu wakf board), decided on 31.1.2005 , reported in 2005-1-lw 676, that all disputes relating to wakf should be filed in the first instance before the wakf tribunal, constituted under sec.83 of the wakf act, 1995 and the writ petitions should not be entertained directly by this court under art.226 of the constitution as there is ..... 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 straight away under article 226 of the constitution ..... 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 ..... under section 83(5) of the wakf act, 1995 the tribunal has all powers of the civil court under the code of civil procedure, and hence it has also powers under order 39 rules, 1, 2 and 2a of the code of civil procedure to grant temporary ..... (1) and (2) of the wakf act, 1995, reads as follows:' 83. ..... the state government shall by notification in the official gazette, constitute as many tribunals as it may think fit, for the determination of any dispute, question or other matter relating to a wakf or wakf property under this act and define the local limits and jurisdiction under this act of each of such tribunals. .....

A.R.A. Basith Saheb Charitable Trust Vs. Karnataka State Board of Wakf ...

Court : Karnataka

Reported in : ILR2009KAR2403; 2009(4)KarLJ90

..... appreciate the rival contentions, it is necessary to look at the act.in order to provide for the better administration of wakfs and/or matters connected therewith or incidental thereto, the parliament enacted the wakf act, 1995. ..... net income, contribution is made to the wakf board in accordance with the provisions of the wakf act, 1995. ..... preferred this writ petition seeking quashing of demand notices at annexures-j, k and 1 or in the alternative to declare section 72 of the wakf act, 1995, as unconstitutional.2. ..... legal opinion, the respondents have issued the impugned demand notices contending that the petitioner is not entitled to deduct any amount towards the expenditures incurred in maintaining the wakf under section 72 of the wakf act. ..... net profit would be the annual income of the wakf under section 72 of the act for the purpose of paying annual contribution to the ..... therefore, the net annual income of the wakf calculated in the manner set out in explanation i is for the purpose of the act, to find out whether such a wakf is liable to pay any annual contribution to the board as prescribed ..... - for the purposes of this act, 'net annual income' shall mean the gross income of the wakf from all sources, including nazars and offerings which do not amount to contributions to the corpus of the wakfs, in a year after deducting therefrom ..... aforesaid provision makes it clear that for the purpose of payment of annual contribution to the board under the act, wakfs are divided into two categories. .....