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Supreme Court

Supreme Court Allows Appeal in Wakf Succession Dispute — Senior-Most Male Descendant Entitled to Chief Mutawalli Office Under Trust Deed. The Court restored the Single Judge's interim order directing handover of domain passwords and ERP control, holding that the Division Bench erred in reversing it without proper consideration of the deed's terms.

1 Mar 2019

The dispute in these appeals arises from a succession conflict over the office of Chief Mutawalli of Hamdard Laboratories (India), a wakf entity. The ...

Supreme Court

Supreme Court Upholds Customary Right to Office of Mutawalli in Public Waqf Mosque — Revisional Jurisdiction Not Exceeded. Customary right to office of mutawalli of Andrott Jumah mosque held by Pattakal family based on descent from first mutawalli, supported by statutory Wakf records and absence of contrary evidence.

1 Aug 2019

The dispute pertains to the office of mutawalli (manager) of the Andrott Jumah mosque in Lakshadweep, a public waqf. The respondents, members of the P...

Supreme Court

Supreme Court Upholds Customary Right to Mutawalli Office in Kerala Mosque Case — High Court's Revisional Jurisdiction Not Exceeded. Customary Right to Religious Office Requires Specific Pleading and Proof, Which Respondents Successfully Established Through Documentary Evidence Including Gazette Notification and Wakf Register.

1 Aug 2019

The Supreme Court dismissed three civil appeals challenging the judgment of the Kerala High Court which decreed that the office of mutawalli of the An...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Succession Dispute, Upholds Male Lineal Descent Requirement. The term 'putro poutradi krome' in a wakf deed restricts mutawalliship to male descendants, and a mutawalli cannot transfer his office without express authorization in the wakf deed.

26 Sep 2019

The Supreme Court dismissed the appeal arising from a dispute over the mutawalliship of a wakf estate in West Bengal. The wakf, created by a registere...

Supreme Court

Supreme Court Dismisses Appeal for Joint Mutawalliship in Waqf Property Dispute — Descendant Through Female Line Not Entitled Under Waqf Deed. Court Holds That Joint Mutawalliship Ceases on Death of Original Joint Mutawallis and Descendants Through Female Line Are Not Lineal Descendants Under Mohammedan Law.

26 Sep 2019

The appeal arose from a dispute over the mutawalliship of a waqf property created by Haji Elahi Baksh by a registered waqf deed dated 9.11.1936. The d...

Supreme Court

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.

28 Oct 2021

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

High Court

Bombay High Court Holds Limitation Under Section 36(8) of Waqf Act, 1995 is Directory — Waqf Board Can Entertain Registration Applications Beyond Three Months. The court overruled the earlier view in Mohd. Ansar Salik v. Shaikh Hamid Babumiya Inamdar that the limitation was mandatory, allowing the petitioners' application to be considered on merits.

18 Dec 2019

This judgment by a Larger Bench of the Bombay High Court at Nagpur addresses a reference arising from a writ petition where a learned Single Judge dis...

Supreme Court

Supreme Court Dismisses Appeals Challenging Nomination of Daughter's Son as Sajjadah Nashin and Mutawalli. The Court upheld the concurrent findings that the word 'Khandan' in the Zabta includes the spiritual sect and not only male lineal descendants, and that the respondent No.1 is eligible for nomination.

24 Jul 2019

The case involves a dispute over the succession to the office of Sajjadah Nashin and Mutawalli of a Dargah in Fatehpur, Rajasthan. The Dargah was foun...

Supreme Court

Supreme Court Dismisses Appeals Challenging Wakf Board Notification Including Service Inam Lands in Dargah Property. Errata Notification Adding Lands to Wakf Property Upheld as Valid Exercise of Power Under Wakf Act, 1995.

7 Feb 2022

The Supreme Court dismissed a batch of civil appeals challenging an order of the Andhra Pradesh High Court that upheld an Errata Notification issued b...

High Court

Bombay High Court Upholds Wakf Tribunal Decree for Possession of Wakf Property — Succession as Mutawalli Valid Under Atiyat Act. Property Registered as Wakf in 1975 Government List and Revenue Records Confirms Wakf Character, Defendant's Adverse Possession Claim Fails.

15 Dec 2015

The case involves a civil revision application filed by Tukaram Dashrath Hiwre (original defendant No.1) against the judgment and order of the Wakf Tr...

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