Search Results for "Waqf Act, 1995"

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Bombay High Court Dismisses Revision Against Wakf Tribunal Order Upholding Plaintiff's Title Over Wakf Property. The court held that the Wakf Tribunal had jurisdiction to decide the suit and that the plaintiff's suit was not barred by limitation.

The case involves a dispute over Survey Gut No.66 of village Harsool, Aurangabad. The plaintiff, Pratapsingh s/o Nursing Kakarwal, filed a suit before...

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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.

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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High Court of Karnataka Allows Condonation of 593-Day Delay in Waqf Tribunal Revision Petition Due to Octogenarian Petitioner's Ailments and COVID-19 Pandemic. Court Held That Old Age, Medical Grounds, and Pandemic Constitute Sufficient Cause Under Section 5 of Limitation Act, 1963.

The revision petitioner, Syed Mohammed Hussaini, an 80-year-old Muthawali and Sajjada Nasheen of Darga Hazrath Syed Shamsalam Hussaini, filed a Civil ...

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Bombay High Court Dismisses Wakf Board's Challenge to Charity Commissioner's Order in Trust Dispute. Court holds that the Maharashtra State Wakf Board lacks locus standi to challenge orders under the Maharashtra Public Trusts Act, 1950 regarding a trust that is not a wakf.

The petitioner, Maharashtra State Wakf Board, through its Chief Executive Officer, filed two writ petitions (No. 1815 of 2015 and No. 1816 of 2015) ch...

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High Court of Karnataka Quashes Enquiry Officer Order in Wakf Property Dispute for Lack of Jurisdiction and Violation of Natural Justice. Enquiry Officer under Section 54 of Wakf Act, 1995 cannot pass final order determining rights or ordering eviction; such order passed without hearing is unsustainable.

The petitioners, Sahebalal S/o Gudusab Rohile and Munoruddin S/o Abasaheb Jinabade, filed a writ petition under Articles 226 and 227 of the Constituti...

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Supreme Court Allows Appeal in Waqf Act Jurisdiction Dispute Regarding Suit for Permanent Injunction. Civil Court Jurisdiction for Injunction Suits Involving Waqf Property is Not Barred Under Section 85 of Waqf Act, 1995 When Dispute Does Not Involve Questions About Nature of Property.

The dispute originated from a suit filed by the plaintiff (first respondent) against the defendant (appellant) and others for mandatory and permanent ...

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High Court of Karnataka Quashes Wakf Act Proceedings Against Accused Due to Lack of Sanction Under Section 104 of Wakf Act, 1995. Mandatory Sanction Requirement Under Section 104 of Wakf Act, 1995 Cannot Be Dispensed With for Prosecution Under Section 52-A of the Act.

The petitioner, Shri Sayyad Murtuza Sayyad Kasim Khaji, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) seeking q...

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High Court of Karnataka Quashes Rejection of Nomination for Waqf Board Election Due to Non-Application of Mind. Petitioner's Candidature as Muslim Advocate Member Under Section 14(1)(b)(iii) of Waqf Act, 1995 Upheld.

The petitioner, Mr. Asif Ali Shaikh Hussain, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking to quash the order ...