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1 - 8 of 8 (0.23 seconds)The Wakf Act, 1995
Section 51 in The Wakf Act, 1995 [Entire Act]
Section 52 in The Wakf Act, 1995 [Entire Act]
Section 83 in The Wakf Act, 1995 [Entire Act]
Section 85 in The Wakf Act, 1995 [Entire Act]
Article 226 in Constitution of India [Constitution]
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.
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