Judgment Search Results Home > Cases Phrase: wakf act 1995 Page 23 of about 287,912 results (0.176 seconds)

V.S.B. Sikkandar Vs. K.M. Khader Gani and the Tamil Nadu State Wakf Bo ...

Court : Chennai

Reported in : 2006(5)CTC346; (2006)4MLJ1800

..... 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 ..... 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 ..... learned counsel, brought to our notice that the wakf act, 1995 (hereinafter will be referred to as 'the act'), came into force from 1.1.96, i.e. ..... of the above submission of the learned counsel appearing for the wakf board, even before going into the merits of the case, it is apt to refer to the relevant provisions of the wakf act, 1995, with a view to find out whether the court below has jurisdiction to try the suit filed relating to the wakf property.5.2. ..... court, taking note of the provisions of the tamil nadu wakf act, 1995, suo motu issued a notice to the wakf board and heard mr. ..... respondent/first defendant resisted the suit on the ground that since the relief sought for by the plaintiff is as per section 55 of the wakf act read with section 92 of the code of civil procedure, a prior permission must be obtained from the wakf board and since the same has not been obtained, the suit is not maintainable. .....

Karupayee Alias Vellaithayee Ammal. Vs. Kathariya Tharka Trust

Court : Chennai

..... it is the contention of the learned counsel for the appellants/defendants, only after 01.01.1996 when the wakf act 1995 has been brought into force, a civil suit will have to be instituted before the tribunal constituted as per section 83 of the wakf act 1995 and prior to that a civil suit can be filed before the civil court based on the value of rent with proper court fee being paid thereto by the ..... it is to be noted that as per section 3(q) of the wakf act 1995, the term tribunal, in relation to any area is meant as the tribunal constituted as per sub-section (1) of section 83 having jurisdiction in relation to ..... as per section 7(5) of the wakf act 1995, the tribunal shall not have jurisdiction to determine any matter which is the subject matter of any suit or proceeding instituted or commenced in a civil court under sub-section (1) of section 6, before the commencement of this act or which is the subject matter of any appeal from the decree passed before such commencement in any such suit or proceeding or of any application for revision or review arising out of such suit, proceeding or appeal, ..... the fact that the provision for transfer of the cases from the civil code to wakf / tribunal is not provided for in the wakf act is also a pointer that the suits filed earlier to the constitution of the tribunal shall continues to be dealt with by the civil court as per decision of p.rama ..... section 6 of the wakf act, the character and nature of wakf has become final and conclusive .....

Pilli Anjaneyulu Yadav Vs. the Government of Andhra Pradesh, Rep. by I ...

Court : Andhra Pradesh

..... not only notification by which lands in question were notified as wakf properties but also the process which preceded issue of such notification comes within the wide connotation of any dispute, question or other matters relating to a wakf or wakf property occurring in section 83(1) of the wakf act, 1995 as laid down in board of wakf, west bengal (2 supra). ..... in any event, remedy of the petitioner is before the wakf tribunal constituted under section 83(1) of the wakf act, 1995 (in short, the act) by way of filing appropriate suit or other proceeding questioning right of the 2nd respondent in the land and the notification, dated 09.02.1989. 3. ..... 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.:-------------------------------------------------------------------------------------------------------------------------------------------- 14. ..... we may clarify that under the proviso to section 83(9) of the wakf act, 1995 a party aggrieved by the decision of the tribunal can approach the high court which can call for the records for satisfying itself as to the correctness, legality or propriety of the decision of the tribunal. .....

Bhanwar Lal and anr Vs. Rajasthan Board of Muslim Wakf and ors

Court : Supreme Court of India

..... moreover, in view of the judgment in sardar khan s case, the suits which are already pending before coming into force the wakf act, 1995 will remain in civil court which will continue to have jurisdiction.22. ..... the court took into consideration the provisions of sections 6, 7 and 85 of the act and concluded that the said act will not be applicable to the pending suits or proceedings or appeals or revisions which had commenced prior to 1.1.1996 as provided in sub-section (5) of section 7 of the act and allowed the appeal holding that civil court will continue to have the jurisdiction in respect of the cases filed before coming into force wakf act, 1995.17. ..... the provisions of andhra pradesh wakf act, 1995 which are identical in nature, came up for consideration again in the case of ramesh gobindram (dead) through lrs v. ..... appeal is as to whether civil court lacks the jurisdiction to entertain the suit filed by the respondent herein or the subject matter of the suit lies within the exclusive jurisdiction of the tribunal constituted under the rajasthan wakf act, 1995 (hereinafter to be referred as the act ), having regard to the provisions of section 85 of the act. ..... rajasthan wakf act, 1995, governs the wakf properties in the said state. ..... much before the rajasthan wakf act, 1995 was enacted. .....

Vs. Mrs. Samira Khaleelire

Court : Kolkata

..... state : mr.sadhan roychowdhury, mr.aniruddha sen, advocates for respondents/applicants: mr.ganesh srivastava, mr.sukanta das, advocates the court : a direction was issued by a learned single bench to explore the possibility of appointment of mutawalli under section 65(1) of the wakf act, 1995 and pending disposal of the freshly instituted proceeding the wakf board has been restrained from dealing with the property endowed under the wakfnama in any manner whatsoever. ..... the provisions of sections 65(1) and 65(2) of the wakf act, 1995 are as follows : s.65(1) where no suitable person is available for appointment as a mutawalli of a wakf, or where the board is satisfied, for reasons to be recorded by it in writing, that the filing up of the vacancy in the office of a mutawalli is prejudicial to the interests of the wakf, the board may, by notification in the official gazette, assume direct management of the wakf for such period of periods, not exceeding five years in the aggregate, as may be specified in the notification. ..... accordingly, it is ordered that the board of wakf may continue with the direct management of wakf, but they should initiate fresh proceedings u/s.65(1) of the wakf act, 1995 and issue notices to all legal heirs except the removed mutawalli to submit their claims etc.and to ascertain whether there are suitable persons to be appointed as mutawalli as per the deed of the wakif and that they are competent and suitable to act as mutawallis. .....

Vinjamuri Rajagopala Chary and Others Vs. Principal Secretary, Revenue ...

Court : Andhra Pradesh

..... , agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so; (d) agricultural or urban lands declared as surplus under the andhra pradesh land reforms (ceiling on agricultural holdings ..... charitable and hindu religious institutions and endowments act, 1987 or the wakf act, 1995 would also fall under the purview of clause (e) if notified accordingly and shall also be subject to redressal of grievance under section 22-a (4) or by the appropriate remedies available under law. ..... hindu religious institutions and endowments act, 1987, or wakfs falling under the wakfs act, 1995, unless relevant material is available before the registering officers to show that they are owned by such institutions, registration of the documents shall not be refused. ..... hindu religious institutions and endowments act, 1987, and wakfs act, 1995, respectively and issued directions as to how to deal with the documents presented for registration in respect of such properties. .....

P.v. Nidhish Vs. Kerala State Wakf Board

Court : Supreme Court of India

..... to the 1954 act, having failed to provide effective answers to the questions that kept arising for consideration, the parliament had to bring a comprehensive legislation in the form of wakf act 1995 for better administration of wakfs and matters connected ..... of the suit, the wakf act, 1995, was amended, with ..... the amendment (of 2013) is extracted below: the wakf act, 1995, [which repealed and replaced the wakf (amendment) act, 1984]. ..... 2015) 6 scc222 9 iii14 the wakf act, 1954 was a precursor to the enactment of the wakf act, 1995. ..... case, it is undeniable that the appellant came into possession even before the wakf was created; before even the wakf act, 1954 was enacted (although the precise date is unclear and could be a ..... the entire matter was remitted for fresh consideration, by the wakf tribunal, with the following directions: if the entity created by mammu haji is found to be a wakf, the person in management shall have the powers to terminate the tenancy and shall be entitled to take proceedings under the wakf act for eviction of a tenant, who after such termination of ..... of india (also known as sachar committee) in its report submitted to the prime minister on the 17th november, 2006 considered the aforementioned issue and suggested certain amendments to the act relating to women's representation, review of the composition of the central wakf council and the state wakf boards, a stringent and more effective approach to countering encroachments of waqf properties and other matters. .....

C.Radhakrishnama Naidu and Oth Vs. The Government of andhra Pradesh,r ...

Court : Andhra Pradesh

..... , agreement of sale, gift, exchange or lease exceeding (ten) 10 years in respect of immovable property, owned by religious and charitable endowments falling under the purview of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 or by wakfs falling under the wakfs act, 1995 executed by persons other than those statutorily empowered to do so; (d) agricultural or urban lands declared as surplus under the andhra pradesh land reforms (ceiling on agricultural holdings ..... ) act, 1973 or the urban land(ceiling and regulation) act, 1976; (e) any documents or class of documents pertaining to the properties the state government may, by notification prohibit the registration in which avowed or accrued interests of central and state governments, local bodies, educational, cultural, religious ..... (c) prohibits registration of documents relating to transfer of immovable property owned by religious/charitable endowments or by wakf falling under the wakf act, 1995, except by persons statutorily empowered do so do. ..... , the a.p.charitable and hindu religious institutions and the endowments act, 1987 (for short the endowments act) and the wakf act, 1995 to interpret and construe the relevant words under section 22-a of the act. .....

Lal Shah Baba Dargah Trust Vs. Magnum Developers and Others

Court : Supreme Court of India

..... and reasons for bringing wakf (amendment) act, 2013 is quoted hereinbelow :- the wakf act, 1995, [which repealed and replaced the wakf (amendment) act, 1984]. ..... stated that there was any issue with regard to the functioning of the single member tribunal in the waqf act, 1995, which was functioning before the wakf (amendment) act, 2013 (27 of 2013) came into force. ..... the high court further failed to consider the provisions of section 6, section 7 and section 85 of the waqf act, 1995 which completely oust the jurisdiction of civil court to decide the nature of auqaf and waqf properties as the same requires adjudication by ..... other defence, challenged the jurisdiction of one man tribunal on the ground inter alia that the functioning of single member tribunal constituted under section 83(4) of the 1995 act ceased to have jurisdiction after the 1995 act was amended by wakf (amendment) act of 2013, which came into force with effect from 1.11.2013 i.e. ..... cursory glance of the waqf act, 1995 would show that the waqf act, (for short 1995 act ) came into force with ..... muslim community of india (also known as sachar committee) in its report submitted to the prime minister on the 17th november, 2006 considered the aforementioned issue and suggested certain amendments to the act relating to women s representation, review of the composition of the central wakf council and the state wakf boards, a stringent and more effective approach to countering encroachments of waqf properties and other matters. .....

Sk. Akhtar Hossain and Ors. Vs. The Board of Wakfs, West Bengal and Or ...

Court : Kolkata

..... commanding the respondent nos.1, 2, & 3 to cancel, withdraw or rescind the purported order or resolution of alleged regularization of the transfer of wakf property located on a portion of 96, baithakkhana road, calcutta 700 009 in favour of respondent nos.5 & 6 herein; (b) a writ or writs, order or orders.direction or directions in the nature of mandamus commanding the respondent nos.1, 2, & 3 to take immediate steps for prosecuting the transferer and transferee respondent nos.4, 5 & 6 in accordance with the provisions of wakf act, 1995. ..... nature of mandamus commanding the respondents, their men servants, agents, assignees and each one of them to cancel, withdraw or rescind any purported order or resolution by the respondents number 1 to 3 or alleged regularization of the transfer of the wakf property in favour of the respondents number 5 and 6 in respect of a portion of 96, baithakkhana road, calcutta 700 009; (b) writ of writs, order or orders.direction or directions in the nature of certiorari calling upon the respondents ..... respondent nos.1 to 3 to produce or caused to produce before the hon ble court all records relating to munshi fazilat hossain wakf estate bearing ec number 1272 so that conscionable justice may be administered after quashing any regularization and approval by the board of wakfs in respect of lease of the wakf property situated at 96, baithakkhana road, calcutta 700009 as well as the communicating letter dated 7th january, 1990 issued by the commissioner .....