Search Results for "Wakf Act 1995"

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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.

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

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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.

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

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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.

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

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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 Upholds Rejection of Plaint in Waqf Property Dispute for Non-Compliance with Section 89 of Waqf Act, 1995. Suit for Injunction Against Deputy Collector Barred as Statutory Notice Under Section 89 Not Served Before Filing Suit.

The case involves a civil revision application filed by the original plaintiffs against an order of the Waqf Tribunal rejecting their plaint under Ord...

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Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Easement Rights Dispute. Order 7 Rule 11 CPC Application Dismissed as Plaint Discloses Triable Issues Regarding Existence of Road and Easement of Necessity.

The petitioner, Goa Industrial Development Corporation, filed a Civil Revision Application under Section 115 CPC challenging an order dated 3.3.2011 p...

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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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Bombay High Court Allows Revision Application in Eviction Suit — Landlord's Title Not Required to Be Proved in Eviction Proceedings Under Section 13(1)(e) of the Maharashtra Rent Control Act, 1999. Tenant's Challenge to Landlord's Title Not Maintainable Without Attornment.

The case involves a Civil Revision Application filed by the original plaintiffs (landlords) against the judgment and decree dated 30-09-2013 passed by...