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Search Results for "Wakf"

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Supreme Court

Supreme Court Dismisses Appeal in Specific Performance Suit, Upholds Refund of Earnest Money with Interest. Plaintiff failed to prove readiness and willingness for specific performance, but defendant must refund earnest money with 12% interest under Section 22 of Specific Relief Act, 1963.

1 Jan 2026

The appellant (plaintiff) entered into a sale agreement dated 19.03.2010 with the respondents (defendants) for purchase of property bearing Survey No....

High Court

Bombay High Court Dismisses Revision Application in Easementary Right of Way Dispute Involving Waqf Property. Civil Court Retains Jurisdiction Over Declaration of Easementary Rights as Dispute Does Not Relate to Waqf Property or Rights Therein.

25 Oct 2024

The case involves a Civil Revision Application filed by the Kausa Jama Masjid Trust (Defendant-Trust) challenging an order of the Trial Court rejectin...

High Court

High Court of Karnataka Quashes Government Order Dissolving Karnataka State Haj Committee — Violation of Natural Justice and Statutory Procedure Under Haj Committee Act, 2002. The court held that dissolution without hearing members is ultra vires and void.

11 Aug 2023

The petitioners, comprising the Chairman and members of the Karnataka State Haj Committee, challenged the Government Order dated 20.01.2023 issued by ...

Supreme Court

Supreme Court Dismisses Appeal in Partition Suit, Upholding High Court's Decision on Share Entitlement and Appellate Jurisdiction. The court held that in a partition suit, parties' positions are interchangeable, allowing appellate relief to non-appealing plaintiffs under Order XLI Rule 4 and Rule 33 of the Code of Civil Procedure, 1908, and that second appeals can address factual issues if findings are perverse.

21 Feb 2022

The appeal arose from a partition suit filed by plaintiff Nos. 1 to 8 (respondent Nos. 1 to 8) against defendant No. 1 (appellant) regarding shares in...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint in Property Dispute — Plaint Discloses Cause of Action and Is Not Barred by Limitation. Order VII Rule 11 CPC Application Fails as Court Must Look Only at Plaint Averments and Not Evidence.

29 Oct 2018

The applicant, Mr. Nilesh Sangodkar, filed a Civil Revision Application under Section 115 of the Civil Procedure Code, 1908, challenging the order dat...

High Court

High Court of Karnataka Dismisses Contempt Petition for Lack of Locus Standi — Third Party Cannot Initiate Contempt for Violation of Order in Writ Petition to Which It Was Not a Party. Contempt jurisdiction under Sections 11 & 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India cannot be invoked by a person who is not a party to the proceedings in which the alleged order was passed.

9 Nov 2016

The complainant, Sri Shamshuddin, filed a contempt petition under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the ...

High Court

Bombay High Court Allows Revision Against Waqf Board Eviction Order — C.E.O. Lacks Power to Decide Title Under Section 54 of Waqf Act, 1995. The court held that the Chief Executive Officer cannot adjudicate title disputes and must relegate parties to the Waqf Tribunal under Section 83 of the Waqf Act, 1995.

17 Feb 2015

The applicant, Ishtaque Ali Sayyad Ali, filed a Civil Revision Application under Section 83(2) of the Waqf Act, 1995 challenging an order dated 16th M...

High Court

Bombay High Court Dismisses Petitions Challenging Refusal of Permission for Sale of Trust Property Under Section 36 of Bombay Public Trusts Act, 1950. The Court Held That the Charity Commissioner's Refusal Was Justified as the Trust Failed to Show Urgent Necessity or Benefit to the Trust.

21 Dec 2005

The judgment concerns two writ petitions challenging a common order dated 19.4.2005 passed by the Charity Commissioner, Pune, refusing permission unde...

High Court

Bombay High Court Dismisses Revision Against Waqf Tribunal Order, Upholds Concurrent Findings on Waqf Property. Court holds that Civil Court has no jurisdiction to entertain suit regarding waqf property in view of Section 85 of the Maharashtra Waqf Act, 1995.

30 Nov -0001

The applicant, Linker Shelter Pvt. Ltd., filed a Civil Revision Application under Section 115 of the Code of Civil Procedure, 1908, challenging the or...

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