...Magistrate may, by order direct the State Wakf Board to pay such maintenance as determined by him under Sub-section (1) of Section 4 or, as the case may be, to pay the shares of...Wakf Board would be bound by the provisions of Act, 1986 and in particular under Sub-section (2) of Section 4 thereof if the Magistrate recorded a clear finding that the respondent could not be maintained by her relatives, and until the Magistrate fixes the amount of maintenance, the...as Misc. Case No. 15/97, and if the contention of the State Wakf Board was that the respondent has other relatives who could provide maintenance for the respondent, the State Wakf Board should have taken a plea in that regared before the Magistrate. Mr. Saha submitted that no such plea was taken by the...

...by such other relatives under the proviso to sub-section (1) of Section 4, the Magistrate may,by order direct the State Wakf Board to pay such maintenance as determined by him...order, and would act as per the Act. 1986. According to Mr Saha, the Assistant Commissioner, Wakf Committee or the Wakf Board would be bound by the provisions of Act, 1986 and in particular under sub-section (2) of Section 4 thereof if the Magistrate recorded a clear finding that the respondent could not be maintained by her relatives, and until the Magistrate fixes the amount of maintenance, the...the very first application filed by the respondent before the Magistratenumbered as Misc. Case No. 15/97, and if the contention of the State Wakf Board was that the respondent had other relatives who could provide maintenance for the respondent, the State Wakf Board should have taken a plea in that regard before the Magistrate. Mr Saha submitted that no such plea was taken by the...

...Magistrate would order the State Wakf Board to pay the maintenance ordered by him or the shares of the relatives who are unable to pay.”7. The object of enacting...proviso to sub-section (1), the Magistrate may, by order direct the State Wakf Board, functioning in the area in which the divorced woman resides, to pay such maintenance as determined by him as the case...husband after the period of iddat once the talaq is pronounced and, if at all, thereafter maintenance could only be recovered from the various persons mentioned in Section 4 or from the Wakf Board. This...

...those are unable to do so, the claim of maintenance must be met by the Wakf Board. It was also maintained that neither her prospective heirs nor her parents were in a position to provide maintenance...other relatives under the proviso to sub-section (1), the Magistrate may, by order, direct the State Wakf Board established under Section 9 of the Wakf Act, 1954 (29 of 1954), or under any other law for the time being in force in a State, functioning in the area in which the woman resides, to pay such maintenance as determined by him...down, if the divorced woman has no relatives as mentioned in sub-section (1) or relatives who have not enough means to pay her maintenance, the State Wakf Board functioning in the area, in which the...

.... 162 dated 09.07.1999 has no application. In this case, Shadi Khana and Shopping Complex at Narsapur were constructed though with Government funds, on land belonging to Wakf Board; and the said construction was made conditionally to the effect that after construction, the constructed properties should be handed over to the Wakf Board for management and maintenance. In pursuance of the said condition imposed by the...allotted by the Wakf Board. The District Minorities Welfare Officer in his letter dated 12.03.2008 addressed to the Tahasildar, Narsapur stated that at the time of handing over Wakf land for...construction of Shadi Khana, the Wakf Board allotted the said land with a condition that after completion of Shadi Khana building, the same has to be handed over to the Board for management and maintenance and...

...no application. In this case, Shadi Khana and Shopping Complex at Narsapur were constructed though with Government funds, on land belonging to Wakf Board; and the said construction was made conditionally to the effect that after construction, the constructed properties should be handed over to the Wakf Board for management and maintenance. In pursuance of the said condition imposed by the...annum.4. Shadi Khana and Shopping Complex in this case were not constructed in any land allotted by the Government. But, they were constructed on Wakf land allotted by the Wakf Board...only the Wakf Board allotted Ac.2.00 in S. Nos. 59 and 60 of Wakf land vide proceedings dated 15.12.1998. In view of the said particulars given by District Minorities Welfare Officer, the Tahasildar...

...challenge to the orders passed in the proceedings initiated by the respondent, who is a Muslim woman, for payment of maintenance.3. The respondent herein had approached the Wakf Board by her application submitted in June 1990 claiming maintenance as...was intimated by the petitioner Board that there is no provision in the aforesaid Act of 1986 to pay maintenance allowance to a divorced Muslim woman by the Wakf Board, unless there is specific order of the competent court of law.5. After the aforesaid letter dated 26.7.1990 addressed to the respondent-wife by the petitioner-Board rejecting her claim for maintenance, she.... He submits that before passing the initial order on 21.12.1990, the Wakf Board ought to have been heard by the learned CJM.13. Countering the above argument, Mr. B. Das, learned senior counsel representing the respondent-wife submits that whole exercise on the part of the Wakf Board is to frustrate the claim of the respondent-wife for maintenance. He...

...respondent-wife was intimated by the petitioner Board that there is no provision in the aforesaid Act of 1986 to pay maintenance allowance to a divorced Muslim woman by the Wakf Board, unless there is specific order of the competent Court of law. 5. After the aforesaid letter dated 26-7-1990 addressed to the respondent wife by the petitioner-Board rejecting her claim for maintenance, she...India) submits that the Court below exceeded its jurisdiction in passing the impugned orders. He submits that before passing the initial order on 21-12-1990, the wakf Board ought to have been heard by the learned CJM. 13. Countering the above argument, Mr. B. Das, learned Sr. Counsel representing the respondent wife submits that whole exercise on the part of the Wakf Board is to frustrate the claim of the respondent wife for maintenance. He...as reported in (Secretary, Tamil Nadu Wakf Board v. Syed fatima Nachi) and 2001 AIR SCW 3932 (Danial Latif v. Union of India). 14. I have given my anxious consideration to the submissions made by the learned counsel for the parties as well as on the materials available on record. The respondent, a lady in distress, sought for maintenance 17...

...no source to maintain her can be directed to be paid maintenance by the State Wakf Board. Thus, it is abundantly clear that the Act would come into play if there is divorce and as already indicated.... Suieman aggrieved by that order preferred a revision petition, which was partly accepted by the learned Additional Sessions Judge, vide Annexure P-1. The interim maintenance allowed to Smt. Sarbari was...came to the conclusion that Smt. Sarbari is entitled to maintenance only for the Iddat and not for the other period, as allowed by the learned Magistrate.5. The contention put forth by...

...wakfs is by the name “Syed Ali Tshaq Madina Vali Dargah” having about acres 358.53 cents land in Devada Mokhasa village covered by Title Deed No. 42. It was alleged by the Wakf Board that the aforesaid property was endowed by the Nizam of Hyderabad for support and the services of the Dargah in the port area of District Visakhapatnam. It was further alleged that, from the property the income was being utilized for the maintenance and...Tahsildar that the property is not a wakf property would not constitute res judicata in the subsequent suit filed by the Wakf Board. It is well settled that if a decision of a court or a tribunal is...filed by the Wakf Board was not maintainable in view of Section 14 of the Inams Act. We having found that the property was a service inam granted to individuals burdened with service, which...

...Wakf Board have also taken a similar view.6. A contrary view has been expressed by the High Court of Karnataka in...are hereby allowed. The impugned orders passed by the High Court and those passed by the Wakf Tribunal shall stand set aside and the suit filed by the respondent Wakf Board for the eviction of the...appellants against the orders of the A.P Wakf Tribunal have been dismissed and the orders of eviction passed by the Tribunal affirmed. Since the appeals raise a common question of law for our...

...Divisional Engineer (H) Construction and Maintenance Sriperumbuthur, Kancheepuram District 5. The Tamil Nadu Wakf Board Represented by its Chief Executive Officer No.1, Jaffer Syrang...Divisional Engineer (H) Construction and Maintenance Sriperumbuthur, Kancheepuram District 5. The Tamil Nadu Wakf Board Represented by its Chief Executive Officer No.1, Jaffer... &W.M.P.No.24722 of 2025 The Pattur Jamia Big Mosque Managing Committee represented by its Secretary Mr.Sadiq Batcha Pattur, Mangadu...

...acknowledged by the Secretary of the Wakf Board in the receipt dated 4-1-94. It is significant to note that there is not even a whisper on the part of the respondent No. 1 that any funds were made available for the maintenance of the Mosque in question by the...management of the Madina Masjid (for short 'the Mosque'). Respondent No. 1 is the A.P. State Wakf Board and respondent No. 2 is described as the Managing Committee of the Mosque represented by its...funds are being regularly remitted to the Wakf Board, and whenever a new Committee was constituted it was being intimated to the Wakf Board, which was acknowledged by them. Even the remittance of the...

...D.P Mohapatra, J.— These appeals filed by the U.P Shia Central Board of Wakf through its Secretary (for short “the Shia Wakf Board”) and some other persons of the sect by...special leave are directed against the order passed by the Allahabad High Court on 2-9-1994 disposing of two revision petitions, CR No. 284 of 1992 filed by the U.P Sunni Central Board of Wakf (for short...“the Sunni Wakf Board”) through its Secretary and some other persons of the sect and Civil Revision No. 255 of 1992 filed by the Shia Wakf Board and some other persons of the sect...

...of the defaulting relatives the Magistrate would order the State Wakf Board to pay the maintenance ordered by him or the shares of the relatives who are unable to pay.”6. The Act has...woman has no relatives as mentioned in sub-section (1) or such relatives do not have sufficient means to pay the maintenance, the Magistrate may by order direct the State Wakf Board established under Section 9 of the Wakf Act, 1954 to pay such maintenance as determined by him..., namelya) a Muslim divorced woman shall be entitled to a reasonable and fair provision and maintenance within the period of iddat, by her former husband and in case, she maintains the...

...relative or any one of them to pay maintenance, then the same can be directed to be paid by the State Wakf Board.7. If is apparent from aforesaid that the provisions of the Act would only...consequently the respondent is not entitled to the maintenance.3. The learned Chief Judicial Magistrate recorded the evidence produced by the parties and concluded that no divorce had taken...V.S Aggarwal, J.:— This is a revision petition filed by Mangtu alias Salim directed against the order passed by the Chief Judicial Magistrate, Jagadhri dated 13.6.1996 By virtue of the...

...was attracted. The Wakf Board was accordingly directed to pay adequate maintenance to Jameela, which was fixed at Rs. 250/- per month. This was ordered to be paid from the date of the miscellaneous case, namely January 5, 1990. This order has not been challenged by the...been ordered by the Magistrate to be paid by such other relatives under the proviso to sub-section (1), the Magistrate may, by order, direct the State Wakf Board established under Section 9 of the Wakf Act, 1954 (29 of 1954), or under any other law for the time being in force in a State, functioning in the area in which the woman resides, to pay such maintenance as determined by him...the Act or the order Ext. P1 by casting the liability to make payment of maintenance to a destitute divorced woman. Article 26 is therefore out of operation so far as the Wakf Board is concerned...

...terms of the order of the learned single Judge, as confirmed in writ appeal, the Wakf Board took up the issue of apportioning the extent dedicated and by order dated 19.4.1998 set up 30’ grounds for the benefit of Mosque, and the remaining 60 grounds for the maintenance of...15.12.1995, the Wakf Board was directed to determine the extent to which the property has to be dedicated for any purpose recognized by the Muslim Law as Pious or Religious or Charitable, for the maintenance of...for the maintenance of the male descendants of the original Wakif, the said order was implemented by the Wakf Board and demarcated 30 acres for pious, religious and charitable purpose and 60 acres for...

...and does not call for any interference in appeal. 10. It is not in issue that the order impugned before the learned Single Judge was an order passed by the Wakf Board under the provisions of the 1995 Act. Any change, removal addition, appointment of Mutawalli, maintenance of Wakf Register by the...appellants preferred Special Civil Application No.550 of 2020 praying for quashing of the order dated 21.11.2019 issued by the Chief Executive Officer of the Gujarat State Wakf Board and the Circular dated...21.09.2019 issued by the Wakf Board, whereby it was ordered that respondent Nos.2, 3 and 4 to the writ petition and also to the present appeal be appointed as trustees of the trust in question...