Court : Chennai Madurai
..... this court was pleaded to dismiss the writ appeals, however, giving liberty to the appellants to approach the state government under section 65(2) of the wakf act, 1995 and further observed that the respondents should not interfere with the administration of the wakf by the 'haqudars' (appellant groups) towards managing the wakf, if the petitioner / appellant approach the state government by way of revision within a period of 15 days from the date of the order passed by this court ..... contention raised by mr.ar.l.sundaresan, the learned senior counsel for the petitioner/appellant is that, having regard to the order passed by the wakf board, dated 23.10.2013 ordering direct management, under section 38 of wakf act, is in violation of principles of natural justice, for the simple reason that notice for enquiry, dated 09.10.2013 issued by the wakf board before passing the impugned order do not indicate that the appellant was called upon to make his submission regarding ..... similarly, the appellant has filed w.p(md)no.4566 of 2016, challenging the impugned resolution of the chief executive officer, tamil nadu wakf board, chennai / the 2nd respondent, in na.ka.no.13575/02/aa8/madurai, dated 30.12.2015 and the consequent notification in no.vi-3(1)/21/2016, dated 15.02.2016 published in tamil nadu government gazette on 24.02.2016 and consequently, to forbear the respondents from in any .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... by the coordinate bench in the matter of nitin punja`s case (supra) is incorrect, inasmuch as while rendering the said judgment the relevant provision, which govern the right of mutawalli to file the suit under section 6 of the wakf act, 1995 ( the act for short) is not looked into. ..... deputy commissioner, koppal and others reported in 2007(2) kccr873 which has no relevance since the said judgment is rendered without taking into consideration the relevant provisions of wakf act, 1995 which deal with the right of mutawalli.9. ..... plaintiff in os.no.10/2004 is partly allowed holding that the suit filed by mutawalli of petitioner-dargah in os.no.10/2004 is just and proper and mutawalli did exercise his right in filing the suit under the aforesaid provisions of the wakf act, 1995. ..... for the purposes of this section and section 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 this act, shall include also 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 on him in that behalf during the course of the relevant inquiry .....
Tag this Judgment!Court : Delhi
..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....
Tag this Judgment!Court : Delhi
..... notice that the wakf act, 1995 provides only for the appointment of a mutawalli of a wakf and contains no provision for appointment of imams of wakf properties, even if ..... opinion that in the face of the contentions of the petitioners that maulana syed ahmed bukhari has no right in law or otherwise to anoint his son as the naib imam and which is supported by the delhi wakf board, the anointment ceremony (dastarbandi) scheduled on 22nd november, 2014 even if not stayed would not amount to anointment / appointment of the said son of maulana syed ahmed bukhari as the naib imam of the ..... an advocate of this court present in court has interjected and informed that she is the member of the delhi wakf board and confirms that the announcement by maulana syed ahmed bukhari of anointment of his youngest son as naib imam ..... however no answer is still forthcoming as to why the delhi wakf board has not exercised any rights or supervision over the jama masjid or as to why the delhi wakf board has allowed maulana syed ahmed bukhari to appropriate all earnings from the said masjid and also not taken any action for accounts thereof being not ..... the delhi wakf board has been exercising over the said jama masjid and as to why the delhi wakf board has left the entire management of the jama masjid to maulana syed ahmed bukhari, the counsel is unable to explain except stating that though maulana syed ahmed bukhari was anointed as the imam of the jama masjid in the year 2000, the delhi wakf board ratified .....
Tag this Judgment!Court : Chennai
Reported in : (2001)3MLJ126
..... the point for determination in this civil revision petition is as to whether the tribunal constituted by the state government under section 83(1) of the wakf act 1995 can entertain a petition filed by the members of the jamath seeking for an order of permanent injunction restraining the civil revision petitioners from interfering with the management committee and grant temporary injunction on the similar ..... tribunal relating to disputes, question or other matters, specific exclusion of the powers of the tribunal in granting stay is also enacted in various provisions of the act especially when, any question arises whether a particular property specified as wakf property in the list of wakfs is wakf property or not or whether a wakf specified in such list is a shia wakf or sunni wakf, the board or the mutawalli of the wakf or any person interested therein may institute a suit in a tribunal for the decision of the question under section 6(1) of the ..... , etc: (1) 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;(5) the tribunal shall be deemed to be a civil court and shall have the same powers as may be exercised by a civil court under the code of civil procedure .....
Tag this Judgment!Court : Chennai
Reported in : (1999)2MLJ183
..... wakf act, 1995 stipulates that notwithstanding anything contained in any other law, no suit, appeal or other legal proceedings for the enforcement of any right on behalf of any wakf which has not been registered in accordance with the provisions of the act, shall be instituted or commenced or heard, tried or decided by any court after the commencement of the said act ..... is also contended that section 87 of the wakf act, 1995 would be a bar for the continuance of ..... however, it is rightly pointed out by learned counsel for the appellants that the lower appellate court has merely stated that the western portion of the property was treated as wakf property and with the result the claim of the plaintiff has been rejected without any proper identification of the actual extent of the portion of the property which was being ..... but the requirement that there should be a dedication in favour of the community in general in order to establish a customary right in favour of the muslim public in order to create a wakf, has been subsequently considered by the privy council as well as other courts which have positively held that specific dedication is not necessary and that long user of a property for a considerable number ..... grounds to interfere with the findings of facts recorded by the appellate court to the effect that the western portion of the suit property was a wakf property and that therefore, the appellants were not entitled to a declaration with reference to the said portion of the property. .....
Tag this Judgment!Court : Kerala
Reported in : 2012(3)KLT324; 2012(3)ILR(Ker)569; 2012(3)KLJ393
..... the aforesaid conspectus, it is hereby declared that following general transfers or other transfer orders of judicial officers in the subordinate judiciary from time to time, the person manning any wakf tribunal, on transfer, will hand over charge as may be ordered by the high court in its proceedings on the administrative side and such handing over charge of the wakf tribunal is sufficient to clothe the person in charge to discharge all functions and powers in terms of the wakf act, 1995. 4. ..... appears to be some apprehension as to whether a further notification of the state government under section 83 of the wakf act, 1995 is necessary for the officer so put in charge, to discharge the functions of the wakf tribunal. 2. ..... in the result, these original petitions are ordered directing that the officer in charge of the wakf tribunal, kollam (district judge, kollam) who is holding the additional charge of the wakf tribunal, kollam as of now, shall hear matters and pass such orders as may be called for in terms of the wakf act, following the charge arrangement ordered by the high court of kerala as per order no.b1-57/2012 dated ..... provides that the state government shall, by notification in the official gazette, constitute as many tribunals as it may think fit, for the purposes stated therein and define the local limits and jurisdictions under the wakf act of each of such tribunals. ..... section 3(q) of the wakf act defines 'tribunal' to mean the tribunal constituted under sub-section (1) of .....
Tag this Judgment!Court : Kerala
..... the wakf act, 1995 reads thus: bar of jurisdiction of civil courts:- no suit or other legal proceedings shall lie in any civil court inrespect of any dispute, question or other mater relating to any wakf, wakf property or other matter which is required by or under this act ..... take note of the bar of jurisdiction of the civil court in respect of any dispute, question or other matter relating to wakf property, which is required to be decided by the tribunal constituted under wakf act, 1995. ..... case has no similarity or parallel to the one canvassed by the petitioner, who has set forth a case that he is not even certain whether the wakf property of the jama-ath, to inspect which the advocate commissioner is alleged to have come, forms part of the subject matter involved in the preliminary decree ..... when the petitioner has a case that under the ex parte preliminary decree, the attempt of the plaintiffs is to have a measurement of the wakf property impleadment of the petitioner to show that over the wakf property no such measurement could be carried upon on the basis of the preliminary decree and such decree shall not have any bearing on such property requires to be ..... the admitted case of the petitioner to raise a dispute in the final decree proceedings that the preliminary decree covers a portion of the wakf property which, in view of the statutory interdiction cannot be gone into by the civil court, his impleadment as an additional respondent in ..... wakf registered under the wakf act. .....
Tag this Judgment!Court : Punjab and Haryana
..... wakf act, 1995, which is a reproduction of the definition already rendered under the 1954 act reads as under:- 3(r) 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- kamboj pankaj kumar 2013.08.16 13:01 i attest to the accuracy and integrity of this document chandigarh rsa no.3196 of 1986 -6- (i) a wakf by user but such wakf shall not cease to be a wakf ..... to ownership and cultivation right from the year 1951-52 and the government had also passed proceedings through the director recognizing the title of the wakf board, in my view, it shall not be possible to enter a different finding and hold in favour of the plaintiffs that the property belongs to the plaintiffs or to the gram panchayat ..... 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 muslim law as pious, religious or charitable; and (iii)a wakf- alal- aulad to the extent to which the property is dedicated for any purpose recognised ..... property shall be used by the wakf board but i am convinced that the wakf board is not competent to allow for lease of property for character of property to be changed unless recognized under the act. .....
Tag this Judgment!Court : Punjab and Haryana
..... (oral) plaintiff-punjab wakf board has filed this revision petition under article 227 of the constitution of india read with proviso to sub- section (9) of section 83 of the wakf act, 1995, assailing judgment and decree dated 19.12.2005 passed by learned additional district judge, bathinda as wakf tribunal, thereby dismissing suit filed by plaintiff for possession of the suit plot. ..... consequently, the said judgment does not warrant interference by this court in exercise of power of superintendence under article 227 of the constitution of india or in exercise of revisional power under proviso to sub-section (9) of section 83 of the wakf act, 1995. ..... there is no perversity, illegality or jurisdictional error in impugned judgment of the wakf tribunal not the same is based on misreading or misappreciation of evidence on record. ..... thereupon local commissioner again submitted the report that the land which falls in khasr.no.2468 owned by punjab wakf board is located in densely populated area. ..... plaintiff s case is that suit plot measuring 224 square yards is part of khasr.no.2468/2 min and is part of wakf property vesting in the plaintiff-board. ..... september 201 punjab wakf board, bathinda . ..... consequently, suit of the plaintiff has been rightly dismissed by the wakf tribunal. ..... there is no evidence to depict that suit plot is part of khasr.no.2468/2 min which is claimed to be property of plaintiff wakf board. .....
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