Judgment Search Results Home > Cases Phrase: wakf amendment act 2013 central preamble the wakf amendment act 2013 Page 1 of about 1,163 results (0.381 seconds)

Dr. M. Ismail Faruqui Etc, Mohd. Aslam, Hargyan Singh, Thakur Vijay Ra ...

Court : Supreme Court of India

Reported in : AIR1995SC605A

..... it was made explicit by amending the preamble of the constitution 42nd amendment act. ..... of management and administration of property comprising the disputed area till the transfer is effected in the manner indicated in section 6, is a clear indication of the acquisition of only a limited and not an absolute title in the disputed property by the central government, sections 6 and 7 read together give a clear indication that the acquisition of the disputed property by this act is for a particular purpose and when the purpose is achieved the property has to be transferred in the manner provided in section 6; and the central government is obliged to maintain the status quo as in existence on 7th january, 1993 ..... parties to the pending suits which have abated, other than the sunni central wakf board, have also challenged the validity of the act, even though on other grounds, violation of articles 14, 25 and 26 also is alleged on these grounds. ..... their commitment to the cause is evident from the fact that shri abdul mannan who appeared for the sunni central wakf board endorsed the arguments on behalf of the muslim community. ..... in 1961, another suit was filed claiming title to the disputed structure by the sunni central wakf board. .....

Dr M. Ismail Frauqui and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1

..... more importantly the provisions of section 4 of the act, inasmuch as they deprive the sunni wakf board and the muslim community of the right to plead and establish adverse possession as aforesaid and restrict the redress of their grievance in respect of the disputed site to the answer to the limited question posed by the reference and to negotiations subsequent there to, and the provisions of section 3 of the act, which vest the whole bundle of property and rights in the central government to achieve this purpose, offend the principle of secularism which is a part of the basic structure of the constitution, being slanted in favour ..... it was made explicit by amending the preamble of the constitution 42nd amendment act. ..... stated thus:notwithstanding the fact that the words 'socialist' and 'secular' were added in the preamble of the constitution in 1976 by the 42nd amendment, the concept of secularism was very much embedded in our constitutional philosophy. ..... the polity assured to the people of india by the constitution is described in the preamble wherein the word 'secular' was added by the 42nd amendment. .....

Mohd. Akram Ansari Vs. the Chief Election Commissioner and ors.

Court : Delhi

Reported in : 133(2006)DLT135

..... there is no need to discuss these contentions in much detail, or to appreciate the evidence on record owing to the following statute which has been published in the delhi gazette, thursday, april 27, 2006:the wakf (delhi amendment) act, 2006(delhi act 3 of 2006)24th april, 2006 (as passed by the legislative assembly of the national capital territory of delhi on the 8th march, 2006. ..... short title, extent and commencement--(1) this act may be called the wakf (delhi amendment) act, 2006. ..... lekhi's contention is that section 1(3) unequivocally spells out that the amending act 3 of 2006 would come into force on the date of its publication in the official gazette, that is, 24.4.2006. ..... jayarajan : air2005sc688 to argue that the preamble to the wakf act clarifies that the objective is to provide for better administration of the wakf, the corpus of which is not derived from the government but from private donations. ..... the effect of 2006 amendment act is that respondent no. ..... so far as the central wakf council is concerned the union minister in-charge of wakf is to be the ex-officio chairperson. ..... hence, any post which is filled-up under the wakf act would not be a post under the central government or the state government and, thereforee, could not legitimately be construed as an office of profit.8. ..... anand, learned senior counsel for shri yusuf, has contended that the chairmanship of the dwb cannot be construed as an office of profit under the central or state government. .....

Biswambhar Singh and ors. Vs. the State of Orissa and anr.

Court : Supreme Court of India

Reported in : AIR1954SC139; [1954]1SCR842

..... learned counsel for the appellant referred to another point, namely that the amending act altering the definition of the date of vesting was invalid as there was no public purpose for taking away the vested right that the original definition of that expression in the act had given to the persons whose estates had been notified. ..... there are two preamble to the act which recite :- 'whereas in pursuance of the directive principles of state policy laid down by the constitution of india it is incumbent on the state to secure economic justice for all and to that end to secure the ownership and control of all material resources of the community so that they may best subserve the common good, and to prevent the concentration of wealth and means of production to the common detriment; 7. ..... the history of the central provinces zamindaris was elaborately set out in the lower courts and copious extracts from their judgments are given in the report. ..... that matter was determined by the grant in 1864 after an exhaustive enquiry into the position of the petty chiefs of the central provinces. ..... 615, where the privy council examined claims made by eight of the central provinces zamindars. ..... similar observations occur in hunter's imperial gazetteer volume 4, page 478, and sir richard temple's treaties, zamindaries, chieftainships in the central provinces, page 18. ..... provincial government, central provinces and berar i.l.r. .....

K.S.Sharfudeen Vs. 1.Union of India,

Court : Chennai

..... after referring to the explanation inserted under section 15(1) by way of the wakf (amendment) act, 1984 to the wakf act, 1954 and also after referring to the explanation under section 32(1) under the 1995 act, the division bench of the andhra pradesh high court, held in paragraph 29 of the judgment that the schemes framed under sections 92 and 93 of the code of civil procedure are in no way affected on account of the enactment of 1954 act. ..... as seen from the preamble to the act, it is an act intended to provide for the better administration of the wakfs and for matters connected therewith or incidental thereto. ..... 18.on 25.02.2013, a division bench of this court passed the following order:- considering the nature of dispute and the allegations made by either side in the civil revision petitions and the fact that the writ petition is filed challenging the provisions of section 32(1) of the wakf act, 1995, this court feels that as an interim arrangement, it is but necessary that the administration of the trust should vest in a neutral party. ..... 34.as a matter of fact, mr.d.nallathambi, learned central government standing counsel produced a copy of the introduction to the law of wakfs, containing the translated version of some portions of holy quran to drive home the point as to what a wakf is. .....

M.A. Kochudevassy and ors. Vs. the State of Kerala

Court : Kerala

Reported in : AIR1977Ker113

..... servants under section 21 or who are deemed to be 'public servants' within the meaning of that section under any law for the time being in force, persons falling under any of the descriptions hereinafter following, namely:(i) even officer in the service or pay of the travancore devaswom board or the cochin devaswom board; (ii) every officer in the service or pay and every member of the wakfs board constituted under the wakfs act, 1954 (central act, xxix of 1954); (iii) the president and every member of a village court or village panchayat court ..... ix of the i.p.c.the learned judges of the division bench held that under the amended provisions of section 2 of the prevention of corruption act, the expression 'public servant' is to be assigned the same meaning as has been given to it in the explanation to section 161 of the penal code as amended by section 2 of the state amendment act 1962. ..... meanwhile, even before the above rulings of the privy council, the prevention of corruption act ii of 1947 (referred to also as the anti-corruption act) had been passed by the indian legislature, 'for the more effective prevention of bribery and corruption' (vide the preamble). .....

H.C. Suman and Another Vs. Rehabilitation Ministry Employees Co-operat ...

Court : Supreme Court of India

Reported in : AIR1991SC2160; JT1991(3)SC556; 1991(2)SCALE448; (1991)4SCC485; [1991]3SCR839; 1991(2)LC716(SC)

..... in this connection it was pointed out at page 660:in the present case it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which would apply. ..... the power given to the government under section 60 of the act is to be exercised so as to advance the policy and objects of the act, according to the guidelines as may be gleaned from the preamble and other provisions which we have already pointed out, are clear.25. ..... with regard to such members who even though employees of the rehabilitation ministry, were posted outside delhi, the union cabinet in 1977 accepted a suggestion to enable central government employees serving outside delhi to become members of cooperative housing societies in delhi. ..... after completing necessary formalities an allotment of 60 acres of land was made by the central government in favour of the society which, however, was subsequently cancelled on 7th may, 1979. ..... the facts in brief necessary for the decision of this appeal are that some land was proposed by the central government to be allotted for the resettlement of displaced persons. ..... sunni central board of waqf : [1959]1scr1287 .20. .....

District Licensed Deed-Writers' Association, Murshidabad Vs. State of ...

Court : Kolkata

Reported in : AIR1963Cal124,67CWN290

..... its preamble suggests that it was an attempt to make better provision for regulating the employment of clerks of legal practitioners and suppression of touts in courts and certain offices in bengal and to that end to amend the legal practitioners act, 18/9, the indian registration act, 1908, and the workmen's compensation act, 1923 and also to amend the bengal village self government act, 1919, the bengal wakf act, 1934 and the bengal agricultural debtors act, 1934. ..... this is an application under article 226 of the constitution by the district licensed deed writers' association challenging rule 11(1) and (2) made by the inspector-general of registration, west bengal, in exercise of the power conferred by section 80s of the indian registration act, 1908 as amended by the bengal louts act, 1942 with the approval of the state government as required by sub-section (2) of section 80-g of the said act. ..... these clerks are licensed under the rules made under section 31a of the legal practitioners' act as amended by the bengal touts act and as published in the civil rules and orders, volume 1 chapter 43. ..... when rule 10 was first published it was not realised by the government that a large section of the clerks of pleaders or muktears who were licensed under section 31a of the legal practitioners act as amended by the bengal touts act, 1942 were excluded. .....

In Re: Temples in the Erstwhile Malabar Area

Court : Kerala

Reported in : AIR1995Ker172

..... the preamble to the wakf act, 1954 (act 29/1954) states that it is an act to provide for the better administration and supervision of the wakfs. ..... then by virtue of the provisions of the kerala land reforms act, as amended by act 35 of 1969, these temples lost the rental income from the said agricultural lands in view of the vesting of the landlord's rights in the state. ..... in the light of the aforesaid observations, the supreme court made the following directions:(i)the union of india and the central wakf board will prepare a scheme within a period of six months in respect of different types of mosques, some detail of which has been furnished in the counter affidavit filed by the delhi wakf board. ..... but if their imams are not paid any remuneration and they have no independent income, the government may fix their' emoluments on the basis as the central wakf board may do for other mosques in pursuance of our order. ..... -- notwithstanding anything contained in any other law for the time being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing -- (i) that any reserved forest (within the meaning of the expression 'reserved forest' in any law for the time being in force in that state) or any portion thereof, shall cease to be reserved;(ii) that any forest land or any portion thereof may be used for any non-forest .....

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

..... referred to in sub-section (1) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the wakf (amendment) act, 2013 (27 of 2013), in case such survey was not done before the commencement of the wakf (amendment) act, 2013: provided that where no survey commissioner of waqf has been appointed, a survey commissioner for auqaf shall be appointed within three months from the date of such commencement. ..... long been the practice of the courts to look for guidance as to what purposes are charitable to the preamble to the charitable uses act 1601 (commonly referred to as the statute of elizabeth i ), which lists as charitable: the relief of aged, impotent, and poor people; the maintenance of sick and maimed soldiers and mariners, schools of learning, free schools and scholars of universities; the repair of bridges, havens, causeways, churches, sea banks and highways; the education and preferment of orphans; the relief, ..... from amongst muslims, to be nominated by the state government from amongst the officers of the state government not below the rank of joint secretary to the state government; (1a) no minister of the central government or, as the case may be, a state government, shall be elected or nominated as a member of the board: provided that in case of a union territory, the board shall consist of not less than five and not more than seven members to be appointed by the central government from categories specified under sub-clauses .....