Showing : 31-40 of 93 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Wakf Act, 1995, Section 83(9), Evidence Act, 1872, Section 116-- Estoppel - Defendant-petitioner in his previous suit pleaded that his father and predecessor-i, interest had even executed lease deed of suit land in favour of Punjab Wakf Board i.e. respondent-plaintiff - Plaintiff-respondent is also proved to be owner of suit property by notification proved by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Wakf Act, 1995, Section 83(9)-- Wakf property - Contention that in case of suit filed by Wakf Board for possession on basis of lease deed, Wakf Tribunal constituted under the Act has no jurisdiction to try suit - Held, since suit has been filed on basis of unauthorized and illegal possession of defendant and not on basis of..........
KERALA HIGH COURT
Year of decision: 2013
Details
Wakf Act, 1995, Section 89-- Suit against Wakf Board - Want of notice u/s 89 - Effect - Suit was instituted seeking relief against Wakf Board without causing notice u/s.89 of the Act - Held, before instituting suit against Wakf Board, notice u/s.89 of the Act is pre-requisite - Suit can be instituted only after expiration of..........
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..........
KERALA HIGH COURT
Year of decision: 2013
Details
Wakf Act, 1995, Section 54-- Administration of Wakf - Suit for injunction - Construction of Wakf property - Both parties failed to produce statements of accounts or any proof to show that they had means to erect improvements - In absence of proof, it could be presumed that constructions were effected directly through..........
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..........
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,..........
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...........

Showing : 31-40 of 93 Results