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 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..........
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..........
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 Tribunal directing correction of..........
Wakf Act, 1955, Section 83 -- Suit filed by respondents before Wakf Tribunal for framing a scheme, alleging mismanagement of wakf properties by petitioner - Held, Wakf Tribunal has no jurisdiction to frame scheme - Original jurisdiction vests in Wakf Board and not in Wakf Tribunal which is an appellate authority...........
Wakf Act, 1995, Section 83 -- Dispute pertaining to Wakf estate - Held, the party who wishes to raise any dispute relating to wakf property should approach the Tribunal first before approaching the High Court - Civil court has no jurisdiction - Wakf Act will not be applicable to suits/appeals/revisions/proceedings commenced prior to 1.1.1996 when the Wakf Act came in to..........
Wakf Act, 1995, Section 83 -- Tribunal - Powers - Tribunal has all powers of the Civil Court under the Code of Civil Procedure, and hence it has also powers under Order 39 Rules 1, 2 and 2A of the Code of Civil Procedure to grant temporary injunctions and enforce such injunctions - Hence, a full-fledged remedy is available to any party if there is any dispute, question or..........
Wakf Act, 1954, Section 3(1), Land Acquisition Act, 1894, Section 4, 5A -- Landowner creating charitable society dedicating land to society for running school and colleges - Acquisition of land by government for public purpose - Held, in the absence of evidence that owner had created a Wakf, society cannot claim that it was Wakf property and thus exemption from acquisition..........
Wakf Act, 1995, Section 6(5), 85 -- Ejectment of tenant from wakf property - Only civil court has jurisdiction to adjudicate eviction proceedings - Jurisdiction of tribunal is barred...........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38, Wakf Act, 1995, Section 6(2), 92 -- Suit for injunction - Impleadment of Wakf Board as a party to the suit - Occasion for the Wakf Board to get itself impleaded may arise at the most, in a suit for declaration of title and not the one for grant of injunction...........
