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Lal Shah Baba Dargah Trust Vs. Magnum Developers and Others

Court : Supreme Court of India

..... 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. ..... for transfer of pending suits in the amendment act, suits or any other proceedings, so instituted on or after 1.11.2013, shall continue to be tried by civil courts even after the state government issues notification constituting a three member tribunal as per the amended section 83(4) unless the central government intervenes as per section 113 or the act is suitably amended.7. ..... the learned counsel, the said notification of the central government of 2015 repealing various amendment acts was not brought to the notice of the ..... status of the 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. ..... notice a notification issued by the central government dated 14.05.2015 by which several amended acts sought to repeal including the wakf amendment act, 2013 which came into force on 01.11.2013. .....

P.v. Nidhish Vs. Kerala State Wakf Board

Court : Supreme Court of India

..... the amendment, to the wakf act, in 2013, came into effect by virtue of section 1 (2) [ it shall come into force on such date as the central government may, by notification in the official gazette, appoint ] ..... the statement of objects and reasons to the amendment (of 2013) is extracted below: the wakf act, 1995, [which repealed and replaced the wakf (amendment) act, 1984]. ..... but insofar as the central amendment act reduces the punishment for an offence punishable under section 16(1)(a) of the act, there is no reason why the accused should not have 11 article 20 (1) reads as follows: (1) no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence ..... beeran, learned counsel for the respondent, relied upon the statement of objects and reasons of the amendment to the wakf act of 2013. ..... social, economic and educational status of the 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. .....

State Of A.p. Vs. A.p.state Wakf Board .

Court : Supreme Court of India

..... . the 1954 act was later repealed by the wakf act, 199521 and thereafter amended by the wakf (amendment) act, 2013 ..... 73. in view of the binding precedents of the supreme court directly on the point as to the bar of writ petitions in relation to dispute, question or any matter relating to wakf in view of sections 6, 7, 83 and 85 and also the power of the wakf board to cause registration of wakf or to amend registration of the wakfs under section 41, we 61 have no hesitation to hold that this court cannot entertain writ petitions filed by the state and others to whom either the government or the apiic allotted portions of manikonda ..... .30. as already noted above, the definition of atiyat grants was amended by the 1956 amendment act and section 2(1)(b)(i) specifically restricted the atiyat grants in case of jagir lands to the commutation sums payable under the 1359 fasli ..... . by central act no.34 of 1964, clause (ii) was modified in section 3(l) of the 1954 act ..... gazette. section 5 of the general clauses act, 1897, provides that where any central act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which it receives the assent of the .....

Kiran Devi Vs. Bihar State Sunni Wakf Board

Court : Supreme Court of India

..... after the aforesaid judgment, the wakf act was amended by central act no.27 of 2013. ..... it may not however, be lost sight of that provisions exist in the code of revision and appeal but some time for immediate relief section 482 of the code or article 227 may have to be resorted to for correcting some grave errors that might be committed by the subordinate courts. ..... sanyal, learned counsel for the plaintiff ar- gued that the nomenclature as to whether the jurisdiction of the high court under article 226 of the constitution of india is invoked or the jurisdiction in terms of the proviso to sub-section (9) of sec- tion 83 of the act is invoked, is immaterial as the jurisdiction in ei- ther case is that of the high court. ..... the appellant and the wakf board filed applications before the civil court for transfer of the suit for adjudication by the wakf tribunal in terms of provisions of section 85 and 85a of the wakf act, 19953. ..... (2) the order of the wakf tribunal could not be challenged by way of writ petition before the high court under article 226 of the constitution of india as only a revision in terms of proviso to sub-section (9) of section 83 of the act could be preferred. ..... in the present case, the statute provides for a remedy under proviso of sub-section (9) of section 83 of the act against an order passed by the wakf tribunal. ..... the high court in exercise of the jurisdiction con- ferred under proviso to sub-section (9) of section 83 of the act does not act as the appellate court.21. .....

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

..... 1a) every state government shall maintain a list of auqaf 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. ..... sunni islamic 71 theology; (e) one person 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 (i) to (iv) of clause (b) or clauses (c) to (e) in sub-section (1): provided further that at least two members appointed on the board shall be women: provided also that in every case where the system of mutawalli exists, there shall be one mutawalli .....

Magnum Developers and Others Vs. Lal Shah Baba Dargah Trust and Anothe ...

Court : Mumbai

..... it is not in dispute that by notification dated 29.10.2013 published in the gazette of india, extraordinary, part ii-section 3- sub-section (ii), in exercise of the powers conferred by sub-section (2) of section 1 of the amendment act, central government appointed the 1st day of november, 2013 as the date on which the provisions of the amendment act shall come into force. 36. ..... for the above mentioned reasons, i have no hesitation to hold that even in the absence of a transitional provision, the existing tribunal under the parent act shall continue to have jurisdiction to decide the disputes till reconstitution of the wakf tribunal in accordance with the provisions of the amendment act. ? ..... rama rao (3-supra), the tribunal which was constituted under the parent act shall be permitted to deal with the disputes till the wakf tribunal is reconstituted under the provisions of the amendment act. ..... unfortunately, the state government has not, so far, constituted the wakf tribunal in accordance with the amendment act. ..... it was therefore declared by this court that following general transfers and other transfer orders of judicial officers of 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 is sufficient to clothe the person put in charge of the tribunal to discharge .....

Punjab Wakf Board Vs. Sham Singh Harike

Court : Supreme Court of India

..... . for the purpose of this section and section 6-a, the expression any person interested therein occurring in sub-section (1) of this section and in sub-section (1) of section 6-a, shall, in relation to any property specified as wakf property in a list of wakfs published, under sub-section (2) of section 5, after the commencement of the wakf (amendment) act, 1984, 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 ..... . in both the suits giving rise to these appeals the suits were filed much before the amendment of section 83 by act 27 of 2013 ..... . we, thus, in the present case has to interpret section 83 as it existed prior to the above amendment, 2013.47 ..... . gram panchayat, (2000) (2) scc121 in which case the explanation which was inserted in section 6(1) of the wakf act, 1954 by central act 69 of 1984 came to be considered ..... . section 83 sub-section (1) has been substituted by act 27 of 2013 ..... . rajasthan board of 37 muslim wakf, (2014) 16 scc51 decided on 9-9-2013, this court took the same view, after taking note of earlier judgments on the subject, namely, sardar khan v ..... no.8194 of 2013 (punjab wakf board vs. ..... .(civil appeal no.8194 of 2013) decided on 13.09.2013 ..... shri khurshid has further relied on the judgment and order of this court dated 13.09.2013 in c.a. .....

Dr.B.R Ambedkar Medical College and ors. Vs. U.O.i and anr

Court : Supreme Court of India

..... learned counsel also submitted that corrigendum was issued by the mci on the direction given by the central government under section 3(c) of the indian medical council (amendment) act, 2010, which enables the central government to give proper directions to the mci and the mci is bound to give effect to those directions. ..... it is also brought to your kind attention that as the time- schedule for grant of letter of permission for establishment of new medical colleges and renewal of permission for increase of seats in existing medical colleges was extended to 15 july 2013, by the hon ble supreme court for he academic year 2013-14 pursuant to an application moved by the council in priya gupta s case, an appropriate application is also required to be filed by the council seeking permission - of the hon ble supreme court. ..... a public religious or charitable trust registered under the trust act, 1882 (2 of 1882) or the wakfs act, 1954 (29 of 1954).17. ..... board of governors or the council after its reconstitution shall, in exercise of its powers and in the performance of its functions under this act, be bound by such directions on questions of policy, other - than those relating to technical and administrative matters, as the central government may give in writing to it from time to time; provided that the board of governors or the council after its reconstitution shall, as far as practicable, be given an opportunity to express its views before any direction .....

Edulla Saheb Mohamed Ghouse Vs. Madras State Wakf Board

Court : Chennai

Reported in : AIR1966Mad439

..... appeal, act 34 of 1964 the wakf (amendment) act 1964 was ..... by the amending act, which is in the following terms:--"notwithstanding anything contained in this act where any moveable or immoveable property has been given or donated by any person not professing islam for the support of a wakf being-(a) mosque, idgah, imambara, dargah, khangah or a maqbara; (b) a muslim graveyard; (c) a choultry or a musafarkhana, then such property shall be deemed to be comprised in that wakf and be dealt with in the same manner as the wakf in which ..... this amendment makes it unnecessary to consider the question whether the madras act 19 of 1961 is repugnant to muslims wakf act (central act) of 1954, and as president's assent was not received the madras act is ..... he further contended that the subsequent amending act passed by the madras legislature in 1961, which came into force on 20-4-1961 after the disposal of the suit by the trial court on 21-7-1961, cannot have retrospective operation ..... 419 of 1924, in which the present plaintiff was appointed as the trustee it would be very clear that subsequent to the original grant this institution and the properties became wakf by user.this contention of the learned counsel will have to be upheld, for in the scheme framed for the administration of the trust, it is provided that the properties "shall be held by ..... act 34 of 1964, even when a person not professing islam, donates immoveable property for one of the purposes mentioned in the section, that property is wakf .....

Subhan Shah Through Lrs. Ramjan Khan and ors. Vs. Madhya Pradesh Wakf ...

Court : Madhya Pradesh

Reported in : AIR1997MP8

..... by the wakf (amendment) act, 1984 (central act 69 of 1984) amendments were brought about in the wakf act, 1954. ..... power of tribunal to determine dispute regarding wakfs:-- (1) if after the commencement of the wakf (madhya pradesh amendment) act, 1994 any question arises whether a particular property specified as wakf property in a list of wakfs published under sub-section (2) of section 5 is wakf property or not, or whether a wakf specified in such list is a shia wakf or a sunni wakf, the board or the mutawalli of the wakf, or any person interested therein may apply to the tribunal having jurisdiction in relation to such property for the decision of the question and the decision of the tribunal in respect ..... to any area of the state and published or purporting to have been published after the commencement of the wakf (madhya pradesh amendment) act, 1994, no such application shall be entertained after the expiry of one year from the date of publication of the list of wakfs under sub-section (2) of section-' 5; and (b) in the case of the list of wakfs relating to any part of the state and published or purporting to have been published at any time within a period of one year immediately preceding the commencement .....