Wakf Act, 1995, Section 40 -- Waqf property - Properties recorded in record of right as `Pir Hazarat Pir Waqf Estate - On basis of entries Board held that properties are Waqf and enrolled as such - Held, that duty of Board to make objective inquiry to ascertain whether subject properties are Waqf or not - Direction issued to Board to conduct an inquiry u/S.40 of Act...........
Wakf Act, 1995, Section 83, West Bengal Land Reforms Act, 1956, Section 51 -- Jurisdiction - Tribunal - Records of Rights - Tribunal is not competent to decide veracity of entries in record of rights inasmuch as jurisdiction for said purpose has been expressly conferred upon authorities created under provision of West Bengal Land Reforms Act, 1995 - Tribunal order set..........
Wakf Act, 1995, Section 83 -- Bar of jurisdiction of civil Court - Bar confined only to those matters which are required to be determined by Tribunal under the Act - Civil Court shall have jurisdiction to entertain suit and proceedings which are not required by or under the Act to be determined...........
Wakf Act, 1995, Section 6 -- Wakf property - If any question arises as to whether a Wakf property in the list of Wakfs is a Wakf Property or not, a suit can be instituted in a Tribunal for decision of question which decision shall be treated as final - Bar u/s 85 of the Act shall come into existence with regard to jurisdiction of civil Court...........
Wakf Act, 1995, Section 6 -- Wakf property - When S.6(1) of the Act provides for raising dispute regarding Wakf property in a period of 1 year, it applies to every person who wants to dispute the list except those who have been not served notice u/s 4(1) of the Act...........
Wakf Act, 1995, Section 37, 42 -- Appointment of Mutawalli - Dispute regarding acceptance of change report and making necessary entries in register - Objections regarding no, consideration was raised by some of private respondents and some other persons - Even, Board accepted change report in violation of order of High Court though that change report is placed in disputed..........
Wakf Act, 1995, Section 27, 32, 38, Kerala Waqf Rules, 1996, Rule 3 -- Power of Chief Executive Officer - Confined only to administrative matters - Chief Executive Officer has no power to pass any orders in exercise of quasi-judicial power vested with Waqf Board u/s 32(2) of the Act - Moreover, Chief Executive Officer cannot usurp powers of Board in quasi-judicial matters..........
Wakf Act, 1995, Section 83(9) -- Any order passed by Tribunal on any application filed under Waqf Act by one party and objected by other party can be challenged in revision before High Court...........
Wakf Act, 1995, Section 83(9) -- Order passed on application U.O.6.R.17 CPC filed in waqf suit - When specific alternative mode of redressal is provided to challenge order passed on application U.O.6.R.17 CPC, Court is not inclined to exercise supervisory jurisdiction under Art.227 of Constitution to examine legality or correctness of that order under law - Therefore,..........
Wakf Act, 1995, Section 56, Wakf Act, 1954, Section 36F -- Apportionment of compensation - Acquisition of land of Wakf Board - Person in settled possession can be disbursed some compensation on account of displacement and deprivation of possession by virtue of acquisition of land - However, quantum of compensation to be apportioned between lessee or person in settled..........
