Showing : 41-50 of 112 Results

KERALA HIGH COURT
Year of decision: 2013
Details
Wakf Act, 1995, Section 90-- Suit against Wakf Board - Want of notice u/s.90 - Effect - Held, S.90 of the Act mandates that in every suit or proceedings relating to title or possession of Wakf property or right of Muthavalli or beneficiary, Court or Tribunal shall issue notice to Wakf Board - Admittedly no notice is issued to..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2012
Details
Wakf Act, 1995-- Lease - Wakf Act, 1995 does not permit grant of lease orally - It is only through a lease deed executed by the competent authority - Whenever a Wakf institution intends to grant lease in favour of third parties, public auction must be conducted, so that transparency is ensured...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Punjab Wakf Act, 1995-- Wakf land - Transfer of lease - `T' was admittedly lessee of suit land under Wakf Board - Petitioner is step son of `T' - He is not even among legal heirs - Held, he has no right to seek direction from Court to Wakf Board for transferring lease of suit land in his favour - He has to apply to Wakf..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Wakf Act, 1995, Section 112, 13, 14, Civil Procedure Code, 1908, Order 39, Rule 1-- Wakf property - Administration - Constitution of Board of wakf found improper - Interim order passed directing that wakfs would be administered by Charity Commissioner till constitution of proper Board - Order ignore basic difference between wakf and trust - And that of lack of jurisdiction in..........
SUPREME COURT OF INDIA
Year of decision: 2012
Details
Wakf Act, 1995, Section 3-- Wakf - Different than from trust created by Muslim - Property in case of wakf vest in God - Not so in use of Muslim trust...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Wakf Act, 1954, Section 6, 7-- Wakf property - Jurisdiction of Tribunal - Wakf Board filed a suit in Tribunal for joint possession of land in 1972 - Act came into enforce in 1995 - Held, Tribunal could not have entertained and decided suit - It was only within the jurisdiction of civil Court - U/s.6 r/w S.7 of the Act,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2012
Details
Wakf Act, 1995, Section 7(5), 85-- Applicability of Wakf Act - On a conjoint reading of S.7(5) and S.85, the result would be that the Act will not be applicable to pending suits or proceedings or appeals or revisions which have commenced prior to 1.1.1996, i.e., coming into force of the Wakf Act, 1995...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 7, 11, Wakf Act, 1995, Section 5(2)-- Vesting of land in Gram Panchayat - Jurisdiction of Collector - Held, only Collector under the Village Common Lands Act has jurisdiction to determine issue as to whether land in dispute vests in Gram Panchayat or not, and said question can be raised by Punjab Wakf Board by filing title suit u/s 11..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g)(1), 7, 11, Wakf Act, 1995, Section 5(2)-- Petitioner neither claims himself to be owner of land in dispute nor claims to be lessee of Punjab Wakf Board - Held, he cannot raise question of title - His possession is totally illegal and unauthorized - In view of S.2(g)(1) of the Village Common Lands Act, all shamilat deh lands vest in Gram..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Andhra Pradesh Wakf Act, 1995, Section 89(3)- - Revision by third party - Maintainability - Claim of original plaintiffs before Wakf Tribunal that disputed properties belonged to Dargah Hazrath Shah Khamoosh Sabheb and shown as government lands but was notified as wakf and correction has to be made in TSLR - Ex parte decree passed by Wakf..........

Showing : 41-50 of 112 Results