In order that a suit may fall under Article 96, there must be a transfer by a Manager which would include a Mutawalli of a waqf. It must be for valuable consideration. In order that there is a transfer, it must not be still born. It should not be a void transaction.
waqf ” means a religious, charitable or benevolent endowment or dedication of any property in accordance with Islamic law, and “awqaf” means more than one waqf
A society registered under the Societies Registration Act is entitled to sue and be sued, only in terms of its byelaws. The byelaws may authorise the President or Secretary or any other office bearer to institute or defend a suit for and on behalf of the society.
The faith of the common man in the country is shaken to the core by such shocking and outrageous orders such as the kind which have been passed by the Single Judge. We are sorry to say but a lot of complaints are coming against certain Judges of the Allahabad High Court relating to their integrity. Some Judges have their kith and in practicing in the same Court, and within a few years of starting practice the sons or relations of the Judge become multi-millionaires, have huge bank balances, luxurious cars, huge houses and are enjoying a luxurious life. This is a far cry from the days when the sons and other relatives of Judges could derive no benefit from their relationship and had to struggle at the bar like any other lawyer.
The report of the experts is relevant only to the extent that the structure has no archaeological or historical importance. In the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers/Namaaz.
This Ministry is implementing two schemes namely i) Qaumi Waqf Board Taraqqiati Scheme (QWBTS) and ii) Shahari Waqf Sampatti Vikas Yojana (SWSVY) through Central Waqf Council (CWC). Under QWBTS, financial assistance is released to State Waqf Boards (SWBs) towards computerization and digitization of Waqf records and GIS Mapping of Waqf properties. Under the scheme the Ministry also supports the SWBs for deployment of manpower viz. Assistant Programmer, Survey Assistant, Accountant and Legal Assistant, setting up of Video Conferencing Facility, maintenance of Centralized Computing Facility (CCF) & Enterprise Resource Planning (ERP) Solution for better administration of SWBs.