Law:

Section:

(a) Interpretation of statutes------ When a phrase is defined as having a particular meaning in the Act, it must be given the same meaning throughout the Act, unless there is anything repugnant in the context. (b) Punjab Waqf Property Ordinance (IV of 1979)-- ----Ss. 2(e) & 7---"Waqf property"---Meaning---Chief Administrator Auqaf was not empowered to notify a property as Waqf property, denying the application of the definition clause thereto---Use of word "means" in S.2(e) would indicate that definition was hard and fast and no other meaning could be assigned to the expression other than that given in the definition. (c) Punjab Waqf Property Ordinance (IV of 1979)-- ----Ss. 2(e) & 7----"Waqf property"---Definition---Dedication by a non-Muslim--­Validity as waqf---Held, it was not permissible to ignore the legislative definition; assign extended meaning to the term "waqf property" and treat even dedication by a non-Muslim as a valid waqf. Muhammadan Law, Vol. I, p.200 by Syed Amir Ali and another v. Chief Administrator, Auqaf 1976 SCMR 500 ref. (d) Muhammadan Law-- ---- Waqf---When there was absolutely no dedication by the owner of the property irrespective of his faith no waqf under Islamic law came into existence. (e) Interpretation of statutes-- ---- Explanation appended to a section---Function---An explanation is usually appended to a section, to clear the ambiguity and explain the meanings of the words used therein---Unless compelled by the language, the explanation should not be construed to enlarge the scope of the section to which it is added. (f) Punjab Waqf Property Ordinance (IV of 1979)-- ----S. 2(e), Explanation I---Object of Explanation I to S.2(e) is that if due to long passage of time the evidence of express dedication is not forthcoming, the user of the property as waqf property from time immemorial may be treated as sufficient evidence of creation of Waqf. (g) Punjab Waqf Property Ordinance (IV of 1979)-- ----S.11---Any person having an interest in the property treated as waqf property could apply for declaration and it was not necessary that such person be the owner of the property---Where respondents were in possession of the…

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