Showing : 41-50 of 93 Results

ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Andhra Pradesh Wakf Act, 1995, Section 89(3)- - Revision by third party - Maintainability - Claim of original plaintiffs before Wakf Tribunal that disputed properties belonged to Dargah Hazrath Shah Khamoosh Sabheb and shown as government lands but was notified as wakf and correction has to be made in TSLR - Ex parte decree passed by Wakf..........
KERALA HIGH COURT
Year of decision: 2010
Details
Wakf Act, 1955, Section 83-- Suit filed by respondents before Wakf Tribunal for framing a scheme, alleging mismanagement of wakf properties by petitioner - Held, Wakf Tribunal has no jurisdiction to frame scheme - Original jurisdiction vests in Wakf Board and not in Wakf Tribunal which is an appellate authority...........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Wakf Act, 1995, Section 83-- Tribunal - Powers - Tribunal has all powers of the Civil Court under the Code of Civil Procedure, and hence it has also powers under Order 39 Rules 1, 2 and 2A of the Code of Civil Procedure to grant temporary injunctions and enforce such injunctions - Hence, a full-fledged remedy is available to..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Wakf Act, 1995, Section 83-- Dispute pertaining to Wakf estate - Held, the party who wishes to raise any dispute relating to wakf property should approach the Tribunal first before approaching the High Court - Civil court has no jurisdiction - Wakf Act will not be applicable to suits/appeals/revisions/proceedings commenced..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Wakf Act, 1954, Section 3(1), Land Acquisition Act, 1894, Section 4, 5A-- Landowner creating charitable society dedicating land to society for running school and colleges - Acquisition of land by government for public purpose - Held, in the absence of evidence that owner had created a Wakf, society cannot claim that it was Wakf property and thus exemption from..........
SUPREME COURT OF INDIA
Year of decision: 2010
Details
Wakf Act, 1995, Section 6(5), 85-- Ejectment of tenant from wakf property - Only civil court has jurisdiction to adjudicate eviction proceedings - Jurisdiction of tribunal is barred...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 38, Wakf Act, 1995, Section 6(2), 92-- Suit for injunction - Impleadment of Wakf Board as a party to the suit - Occasion for the Wakf Board to get itself impleaded may arise at the most, in a suit for declaration of title and not the one for grant of injunction...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Wakf Act, 1954, Section 5(2)-- Wakf Board filed suit for declaration of title on the basis of notification declaring suit property as Wakf property - Revenue record depicted suit property to be owned by Gram Panchayat and subsequently owned by defendant and in possession of Makbooja Malkan initially - No evidence of creation of..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2010
Details
Wakf Act, 1954, Section 5(2)-- Notification declaring the property as Wakf property - Notification is not binding on Nagar Panchayat which is a third party...........
MADRAS HIGH COURT
Year of decision: 2010
Details
Civil Procedure Code, 1908, Section 100, Wakf Act, 1995, Section 32(2)(i), 89-- Second appeal - Suit filed by Muthavalli presenting plaintiffs mosque against the officials of the Wakf Board - Wakf Board in second appeal against the judgment and decree of first appellate court - No pre notice as envisaged under section 89 of the Wakf Act issued by the plaintiff - Only Wakf..........

Showing : 41-50 of 93 Results