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1 - 10 of 21 (0.30 seconds)Section 32 in The Wakf Act, 1995 [Entire Act]
Section 67 in The Wakf Act, 1995 [Entire Act]
The Wakf Act, 1995
Section 2 in The Wakf Act, 1995 [Entire Act]
Section 85 in The Wakf Act, 1995 [Entire Act]
M.A.Muhammed Kunju vs Biju on 4 April, 2008
In Muhammed Kunju v. Biju {2008 (2)
KLT 833} an interim order was passed by the Wakf
Tribunal in a suit filed before it where the reliefs were
sought against mismanagement in relation to the conduct
of election, administration of Wakf fund or other
WPC 21399/2008 -25-
misdeeds. That was a case where it was alleged in the
suit interalia that the President and certain other office
bearers of the Juma-ath constituted an election
committee with the 4th respondent as its convener and
published elections conditions for conducting election of
the Juma-ath altering the basic structure of the
committee. The proposed amendment of the original
byelaw was neither placed before the general body nor
approved by it. It was further alleged in the suit that the
constitution of the election committee and appointment
of 4th respondent as the convener was illegal and that
they have no right to conduct the election in violation of
the byelaw. In this context the Court held as follows:
Aliyathammada Beethathabiyyapura ... vs Pattakkal Cheriyakoya And Ors. on 13 June, 2003
" As far as the jurisdiction of the Tribunal is
concerned, the law is well settled by a Bench
decision of this Court in Pookoya Haji v.
Cheriyakoya (2003 (3) KLT 32) that "The
words any dispute, question or other matters
relating to Wakf or Wakf property under S.85
are wide enough to take in within its sweep
not only matters which are specifically
conferred on the Tribunal by the various
provisions of the Act but also any dispute,
question or any other matter relating to any
Wakf or Wakf property since those powers
have also been conferred on the Tribunal by
the Wakf Act itself. On examining the scheme
of the Act and various provisions we are of
the view that the intention of the Legislature
is to resolve all disputes by one machinery
and forum provided in the Act itself, that is,
the Wakf Tribunal and not by the Civil Courts
it the State."