Section 53
|
Waqfs Ordinance 1962
Sections 33, 56, 57
Bengal Wafq Act, 1934
Section 53
The authority of the Waqf Administrator to accord permission to
transfer the waqf property is not absolute. In view of the
aforesaid law, facts and circumstances, the impugned transfers made by
the Mutawalli even after taking permission from the Waqf Administrator
are void in nature in absence of proper inquiry indicated in section
57 of the Ordinance.
It is the duty of the mutwalli to manage the waqf estate
prudently and efficiently. Simultaneously, it is also the duty of
the Waqf Administrator and Judiciary as well to ensure, to protect and to
preserve the waqf property and to see that the Mutwalli is
complying with the terms and conditions of the waqf deed as well
as the law related to the waqf.
A Mutwalli has no power, without the permission of the Waqf
Administrator to sell waqf property or any part thereof. Authority
of giving permission of the waqf Administrator is not absolute. He
must follow the provision of law, contents of waqf deed, jurisprudence
build up in this regard and welfare of waqf estate. He cannot
accord permission when it is apparent that such proposal for
transfer may cause harm to waqf property itself, consequence of
which is ultimate damage and destruction of the property and object of
the waqf. The instant permission given by the Administrator may
cause damage to the object of the waqf and the estate itself. Such
transfers were an unholy racket involved in fraudulent sale of waqf
property.
The High Court Division has committed error of law in interfering the
well reasoned judgment and decree of the trial Court. It is
settled principle that a transfer which is void ab initio is in
the eye of law no transfer at all. .....Haji Mohammad Kutubul Alam
=VS= Md.Gousuzzaman, (Civil), 2023(2) [15 LM (AD) 481]
....View Full Judgment
|
Haji Mohammad Kutubul Alam =VS= Md.Gousuzzaman |
15 LM (AD) 481 |
Sections 53 & 70(1)(4)
|
Bangladesh Waqfs Ordinance 1962
Section 56 r/w
The Bengal Waqf Act, 1934
Sections 53 & 70(1)(4)
The property, in question, is waqf property and the same was not
transferred by its actual owner, by the impugned deeds, title of the
disputed waqf property had not been vested to the recipients of those deeds
and those are mere papers transaction. .....Hafizuddin(Md.) =VS= Mozaffor
Mridha, [5 LM (AD) 105]
....View Full Judgment
|
Hafizuddin(Md.) =VS= Mozaffor Mridha |
5 LM (AD) 105 |