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Gujarat High Court Allows Revision Against Wakf Tribunal Eviction Decree — Failure to Consider Rent Control Act Bar. The Court held that the Wakf Tribunal must first determine applicability of Rent Control Act before proceeding with eviction suit under Section 89(3) of Wakf Act, 1995.

The case involves two civil revision applications filed under Section 89(3) of the Wakf Act, 1995 read with Section 115 of the Code of Civil Procedure...

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Supreme Court Allows Appeal in Wakf Property Dispute — Suit Land Declared Wakf Property Based on Historical Evidence of Use as Burial Ground. High Court Erred in Reversing Single Judge's Finding That Land Was Wakf Property Under Wakf Act, 1995.

The appeals arise from a judgment of the Madras High Court which set aside the decree of the Single Judge declaring the suit land as wakf property. Th...

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Supreme Court Quashes Externment Order in Maharashtra Police Act Case Due to Procedural Lapses and Lack of Evidence. Externment Order Under Section 56(1)(a)(b) of Maharashtra Police Act, 1951 Found Legally Unsustainable as Based on Vague Allegations and Pending Criminal Cases Challenged as Malicious.

The appeal arose from a judgment of the Nagpur Bench of the Bombay High Court, which dismissed a criminal writ petition challenging an externment orde...

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Supreme Court Allows Appeal in Wakf Eviction Suit, Restoring Tribunal's Decree. Suit for Eviction of Tenant from Wakf Property Held Maintainable Before Wakf Tribunal Under Section 83 of Wakf Act, 1995, and Properties Established as Wakf Through Gazette Notification.

The dispute involved the Telangana State Wakf Board and the Mutawalli of a registered Wakf institution (appellants) against Mohamed Muzafar (responden...

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High Court of Bombay at Goa Dismisses Second Appeal in Permanent Injunction Suit — Concurrent Findings of Fact Not Interfered With. Suit for Injunction Simpliciter Dismissed as Plaintiffs Failed to Prove Possession Over Disputed Strip of Land.

The appellants (original plaintiffs) filed a suit for permanent injunction simpliciter against the respondents (original defendants) claiming that the...

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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.

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

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Bombay High Court Dismisses Appeal Against Decree in Favor of Forest Department in Suit for Declaration and Correction of Survey Records. Court Holds That Appellants Failed to Prove Title Over Disputed Land and That Government's Claim Based on Survey Records Was Correct.

The case involves an appeal filed by the appellants against the judgment of the Ad-hoc District Judge-2, South Goa, Margao, in Civil Suit No. 4/2007 d...

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Bombay High Court Dismisses Petitions Challenging Land Acquisition for Road Widening Under Maharashtra Highways Act, 1955. Petitioners Failed to Show Statutory Violation or Arbitrariness in Acquisition Process.

The judgment concerns three writ petitions filed by landowners challenging the acquisition of their land for widening of the Aurangabad-Jalna road und...