Judgment Search Results Home > Cases Phrase: wakf act 1995 Page 24 of about 287,912 results (0.110 seconds)

Ali MakIn Naqvi Vs. U.P. Shiya Central Board of Wakf and ors.

Court : Allahabad

Reported in : 2008(4)AWC3602

..... in the application are as under:(a) because the order dated 05.07.2004 is without jurisdiction as the same has been passed by the administrator who was appointed as administrator by the state under section 102 of the wakf act 1995 (hereinafter referred to as the act) and not under section 99(1) of the act, since under section 102 of the act, the state government is not competent to appoint administrator therefore, the order dated 05.07.2004 is without jurisdiction. ..... dated 05.07.2004 which has now been recalled vide order dated 11.5.2007 which is order impugned in this writ petition, whereas there was remedy available for them under section 83(2) of the wakf act 1995. ..... zafar sajjad, it is stated in paragraph 4 of the counter affidavit that the writ petition is not maintainable against the impugned order dated 11.5.2007 as the petitioner has got an alternative remedy under section 83(2) of the wakf act 1995. ..... stated in paragraphs 15 & 16 of the counter affidavit that the petitioner's earlier application for registration of masjid and azakhana/imambara as wakf has been rejected on 25.4.1995 and the review of the aforesaid order was also rejected by the then controller on 03.10.1998. ..... there is no power of review under the wakf act, therefore, the order dated 11.05.2007 is ..... 05.07.2004 could only be set aside and the application dated 23.12.1997 could only be allowed either in the pending writ petition challenging the order dated 05.07.2004 or under section 83(2) of the wakf act.40. .....

Smt. Kaushalya Devi Vs. Punjab Wakf Board and ors.

Court : Himachal Pradesh

..... the provisions of section 85 of wakf act, 1995 clearly sates that no suit or other legal proceedings shall lie in civil court in respect of any dispute, question or other matter relating to any wakf, wakfs properties or other matter which is required by or under this act to be determined by a tribunal. ..... in view of the clear bar of the jurisdiction of civil court, the suit is to be filed if maintainable before the tribunal constituted under section 83 of the wakf act, 1995, as this suit was filed in this court on 23.9.1996 i.e. ..... it is not disputed that the wakf act, 1995 received the assent of the president on the 22nd october, 1995 and was published in the gazette of india (etc. ..... whether both the learned courts below were correct in law in holding that jurisdiction of civil court was excluded by section 85 of the wakf act, 1995 more especially when the title of the plaintiff/appellant had to be determined which was a matter not within the cognizance of the act as aforesaid ?2. ..... after passing the wakf act, 1995, and thus, this court has no jurisdiction to try the suit, and thus, this issue is decided against the plaintiffs and in favour of the defendants.6. ..... the suit was opposed by the contesting defendants on the ground that the jurisdiction of the civil court was barred in view of the provisions of section 85 of the wakf act, 1995 (hereinafter referred to as the act.)4. .....

Nafisa Imran Shah Vs. the Board of Wakfs and ors.

Court : Kolkata Appellate

..... section 94(2) of the wakf act, 1995 provides that where a mutawalli is under an obligation to discharge any other duties imposed on him under the wakf and the mutawalli wilfully fails to discharge such duties, the board or any person interested in the wakf may make an application to the tribunal and the tribunal may pass such order thereon as it thinks fit. 8 ..... the committee of management, appointed by the civil court, is discharging the duties of the mutawalli of the wakf, and s.50 of the wakf act, 1995 does not create any statutory obligation of a mutawalli of a wakf to decide a claim of a person seeking benefit under the instrument creating the wakf. 6. ..... section 50 of the wakf act, 1995 provides as follows: ..... to be precise, nothing in the letter can be treated as an order or decision of the chief executive officer or the board of wakf under any provision of the wakf act, 1995. 4. ..... these reasons, i dispose of the petition relegating the petitioner to the tribunal constituted under s.83 of the wakf act, 1995. ..... in case of inaction on the part of the mutawalli (or the committee of management, for that matter) with respect to such a claim as the one of the petitioner, remedy of the aggrieved person is before the tribunal constituted under s.83 of the wakf act, 1995. ..... to allow inspection of wakf properties, accounts or records or deeds and documents relating thereto; (d) to discharge all public dues; and (e) to do any other act which he is lawfully required to do by or under this act. 7. .....

Sk. Sultan Ahmed. Vs. the Chairman, Board of Wakf’s and ors.

Court : Kolkata

..... 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. 11 ..... 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 ..... it may be mentioned that the wakf act, 1995 is a recent parliamentary statute which has constituted a special tribunal for deciding disputes relating to wakfs. ..... remedy, if any, was before the tribunal constituted under s.83 of the wakf act, 1995. ..... (2011)1 wblr (sc) 308 has submitted that the petitioners remedy, if any, was only before the tribunal constituted under s.83 of the wakf act, 1995. 4. ..... our opinion, even if no order has been passed under the act, the party can approach the wakf tribunal for the determination of any dispute, question or other matters relating to a wakf or wakf property, as the plain language of sections 83(1) and 84 indicates. ..... doubt section 83(2) refers to the orders passed under the act, but, in our opinion, sections 83(1) and 84 of the act are independent provisions, and they do not required an order to be passed under the act before invoking the jurisdiction of the wakf tribunal. .....

Lotti Ram and Others Vs. Punjab Wakf Board Ambala Cantt. and Others

Court : Punjab and Haryana

..... , though, was not commented upon, yet the apex court more elaborately discussed and interpreted the provisions of section 85 read with sections 6 and 7 of the wakf act, 1995 and held in civil revision no.3062 of 2011 -5- case board of wakf, west bengal versus anis fatma begum and another, 2011 (1) r.c.r. ..... in our opinion, all matters pertaining to wakfs should be filed in the firs.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 ..... 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 ..... mentioned that the wakf act, 1995 is a recent parliamentary statute which has constituted a special tribunal for deciding disputes relating to wakfs. ..... a.n.jindal, j this revision petition assails the order dated 22.3.2011 passed by the tribunal constituted under the wakf act, 1965, whereby the suit filed by the plaintiff-respondent (herein referred as, 'the plaintiff') for vacating the suit land and handing it over to him was decreed and it was also held ..... any dispute, question or other matters relating to wakf or wakf property, under the wakf act, as well as any dispute, question or other matters relating to the wakf property are required, to be resolved, by .....

Present : Mr. Ks Rekhi Advocate Vs. Punjab Wakf Board

Court : Punjab and Haryana

..... sc (civil) 113 wherein it was observed in para 10 of the judgment as under : - in our opinion, all matters pertaining to wakfs should be filed in the firs.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. ..... 'wakf' has been defined in section 3 (r) of cr no.18 of 2011 (o&m) 5 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 ..... has arisen out of the judgment dated 16.3.2010 passed by the additional district judge-cum- presiding officer, wakf tribunal, amritsar whereby the suit of the plaintiff for possession was decreed. ..... property is comprised of khasr.no.556 measuring 1150 square yards (2k-6m).the plaintiff wakf board has been declared as owner of the suit property vide notification ex.p1 ..... 05.2013 akhara aruri ustad & anr......petitioners versus punjab wakf board .....respondent coram: hon'ble mr.justice a.n.jindal present : mr.ks rekhi, advocate for the petitioners ..... therefore, to be held that any dispute which has been raised relating to the wakf property, the same has to be decided by the wakf tribunal as the wakf tribunals have been incorporated to decide the dispute between the occupants of the property by way of tenancy or otherwise owned by the wakf board. .....

A.Abdul Kadir Vs. Tamilnadu Waqf Board,chennai - 600 001.

Court : Chennai

..... 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.". ..... was duly acknowledged by the respondent herein and without applying its mind the respondent issued the impugned notice for enquiry and the same is not in accordance with the provisions of the waqf act, 1995.3. ..... under sections 61 and 64 of waqf act, 1995. ..... the situation stood thus, the respondent issued show cause notice, calling for the explanation on several allegations for appropriate action under sections 50, 61 and 64 of the waqf act, 1995. ..... the petitioner has any grievance, he has to approach only the wakf tribunal and the writ petition is not maintainable. ..... fatma begum and submitted that if the petitioner has any grievance, he has to approach only wakf tribunal and the writ petition is not maintainable.6. ..... of the above judgment would show that the wakf tribunal can decide any dispute, question or other matters relating to a wakf or wakf property. ..... , question or other matters whatsoever and in whatever manner which arises relating to a wakf or wakf property can be decided by the wakf tribunal. ..... fatma begum it has been held as follows: ".14.thus, the wakf tribunal can decide all disputes, questions or other matter relating to a wakf or wakf property. ..... ".any dispute, question or other matters relating to a wakf or wakf property". .....

Syeda Nazira Khatoon (D) by Lr. Vs. Syed Zahiruddin Ahmed Baghdadi and ...

Court : Supreme Court of India

..... further, upon examination of judicial decisions and the role of 5 the mutawalli in the wakf act, 1995, the court concluded that a mutawalli does not have an independent authority to transfer his right in the wakf to another person by creating a separate and independent instrument like a trust deed to that ..... succession of the office of mutawalli should be in accordance with the intention of the wakif who created the wakf, and the same cannot be subverted through any other document contrary to the intention of the wakif. ..... he argued that the last mutawalli was aware of this restriction on mutawalliship under the original wakf deed, and knowingly executed the trust deed appointing his wife (nazira khatoon) as the ..... for the appellant argued that the transfer of the office of mutawalli is in accordance with the wakf deed, which intends for female descendants to be included within the term putro poutradi 6 korme . ..... of wealth tax, calcutta,1 where a 3 judge bench of this court observed as follows: 6 the moment a wakf is created, all rights of property pass out of the wakif and vest in the almighty. ..... order dated 30.01.1995, the commissioner of wakfs allowed this application and appointed nazira khatoon as the permanent mutawalli of the wakf estate. ..... to his will, his eldest son syed badruddin ahmed (hereinafter last mutawalli ) was authorized to act as the sajjadanashin for one of the dargahs in the wakf property. ..... it is well settled that a mutawalli only acts in a managerial capacity for the wakf. .....

Savyasachi K. Sahai vs.union of India & Ors

Court : Delhi

..... who appears for the wakf board has assured this court that if there are any encroachments and unauthorized occupants in the said premises then the wakf board shall take appropriate action in terms of the provisions of the wakf act, 1995 for removing any such ..... under the provisions of section 3(i) of the wakf act, 1995 in the following terms : 3. ..... wakf board initiated steps for removal of encroachments in accordance with section 54 of wakf act, 1995 ..... person appointed, either verbally or under any deed or instrument by which a wakf has been created, or by a competent authority, to be the mutawalli of a wakf and includes any person who is a mutawalli of a wakf by virtue of any custom or who is a naib-mutawalli, khadim, mujawar, sajjadanashin, amin or other person appointed by a mutawalli to perform the duties of a mutawalli and save as otherwise provided in this act, any person, committee or corporation for the time being managing or administering any ..... wakf or wakf property: provided that no member of a committee or corporation shall be deemed to be a mutawalli unless .....

Telangana State Waqf Board Vs. Mohamed Muzafar

Court : Supreme Court of India

..... the appellant to contend that in order to determine as to whether there is a bar on the jurisdiction to the civil court in relation to the provision contained in wakf act, one is to ask the question as to whether the issue raised in the suit or proceeding concerned is required to be decided under the wakf act, 1995 by the tribunal under any provision or not and if the answer to that question is in the affirmative the bar of jurisdiction of the civil court would operate.19. ..... the background of the provisions as contained in sections 6, 7, 83 and 85 of the wakf act 1995. ..... aggrieved by the said judgment, preferred a revision petition under section 83 of the wakf act before the high court of judicature at hyderabad in civil revision petition no.1331/2013 ..... wakf, west bengal and another vs anis fatma begum and another (2010) 14 scc588and in the case of haryana wakf board versus mahesh kumar (2014) 16 scc45this court has held that the question page 18 of 28 as to whether a property is wakf property or otherwise is exclusively determinable by the wakf tribunal after enactment of the wakf act. ..... will have to be noted that in the instant case, though the legal remedy had not been availed by the respondent within the time frame as provided under section 6 of the act, the issue page 25 of 28 had fallen for consideration before the wakf tribunal in view of the defence put forth by the respondent and the wakf tribunal had rendered its finding on that aspect based on the evidence placed before it. .....