Wakf Act, 1995, Section 32 -- Lease of land - Land, which was part of Muslim graveyard since time immemorial, given on lease by Wakf Board - Held, Board has no right to least out property - Act does not confer, untrammeled right on Board to deal with Wakf property in any manner - It would always be open to any beneficiary to successfully maintain an action for setting..........
Wakf Act, 1995, Section 99(1) -- Wakf Board - Supersession - On ground of mutual antipathy between Chairperson and members - Not a ground to supersede the Board - No material to show that Board was unable to perform its duties or that the continuance of the Board is likely to be harmful to the interest of the Wakf - Order of supersession set aside...........
Wakf Act, 1995, Section 31A -- As amended by The Wakf (Delhi Amendment) Act, 2006 - Words 'And shall be deemed never to have been disqualified' - It is clear that provision is retrospective in nature...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession - Application for amendment of plaint to incorporate plea that suit property owned by Punjab Wakf Board and is leased to plaintiff - Declined by trial Court on the ground that number of suit property as mentioned in plaint and lease deed is different - At the stage of considering..........
Wakf -- Nature - Once a wakf is created it continues to retain such character which cannot be extinguished by any act of the mutwalli or any one claiming through him...........
Wakf Act, 1995, Section 5, 36, 37, 92, Uttar Pradesh Muslim Wakfs Act, 1960, Section 29, 49A, 57A -- Wakf - Alienation of wakf properties - Obligation of wakf character of properties - Wakf of properties created - Son appointed mutwalli - Wakf registered u/s 29 of Act, 1960 - Gazette notification issued u/s 5(1) of the Act 1960 - Wakf and its properties duly registered in..........
Wakf -- Change of nature - When permissible - Once a wakf is created, the wakif stands divested of his title to the properties which after creation of wakf vests in the almighty - However in a given case the creation of wakf may be questioned if it is shown that the wakif had no intention to create a wakf but had done so to avoid a liability...........
Wakf Act, 1954, Section 25(8) -- Registration of Dargah/property as Wakf - Limitation - Application made 12 years after coming into force of the Act - Board declared Dargah as Wakf - Application for registration could have been filed only within 3 months from the date of coming into force of the Act - Board has no jurisdiction to entertain time barred application...........
Wakf Act, 1995, Section 32 -- Power of Tribunal - Scheme for managing affairs of Wakf - Tribunal consituted under the Act is not empowered to frame such scheme - Board alone is vested with powers to frame schemes - Tribunal is an adjudicatory body, it cannot usurp the jurisdiction of the Board...........
Wakf Act, 1995, Section 83, 85 -- Wakf Property - Jurisdiction of Civil Courts - Suit filed before Wakf Tribunal for eviction of lessee - Objection regarding jurisdiction of Tribunal - Dispute relating to wakf property triable only by the Wakf Tribunal constituted in terms of Section 83...........
