Search Results Page

Search Results

1 - 8 of 8 (0.23 seconds)

Begum Asma Jafar Imam And Anr. vs The State Of Bihar And Ors. on 1 July, 1974

He further submitted that as a matter of fact, the lands in question was not a Wakf property because no doubt, Sheikh Abdul Razzak created Wakf-Alal-Aulad in respect of the Patna High Court CWJC No.8992 of 2008 (15) 11 lands in question as well as some other properties but he made provision in the Wakf deed for the benefit of his descendants and very small portion of income of the aforesaid properties was given for charitable purposes and, therefore, it cannot be said that the property in question was Wakf property. Learned counsel for the petitioner relied upon decision of Begum Asma Jafar Imam and another vs. State of Bihar and others reported in AIR 1975, Patna 48 in which Division Bench of this Court held that in a Wakf-Alal-Aulad if there is specific dedication of any property for any purpose recognized by the Muslim law as religious or charitable, to that extent it will be deemed to be a 'Wakf' within the meaning of the 1954 Act and the provisions of that Act will apply to that extent. He submitted that since the property in question was not the Wakf property, the Wakf Tribunal has got no jurisdiction to adjudicate the dispute and, therefore, this court has got jurisdiction to entertain this petition.
Patna High Court Cites 30 - Cited by 12 - N P Singh - Full Document
1