Showing : 31-40 of 112 Results

RAJASTHAN HIGH COURT
Year of decision: 2014
Details
Wakf Act, 1995, Section 83(2)-- Suit for declaration that sale deed is void - Sale deed cancelled by Tribunal - Order of Tribunal for setting aside sale deed without framing any issue in that regard and recording any finding on such issue is arbitrary, illegal and without jurisdiction - Impugned order of Tribunal set aside...........
RAJASTHAN HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Proceedings for eviction of unauthorised occupant of Wakf property - Proceedings not barred u/s 87 of Wakf Act, 1995, or any other law - Rejection of application, upheld...........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Haryana Wakf Act, 1995, Section 7, 85-- Wakf property - Jurisdiction of Civil Court - Dispute as to whether property is Wakf property or not - It is the Tribunal constituted under the Wakf Act, which has the exclusive jurisdiction to decide the same - Jurisdiction of Civil Court is barred in respect of any dispute/question or other..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Wakf Act, 1955, Section 6A-- Ejectment - Jurisdiction of Wakf tribunal - Held, unless character of possession as Wakf is itself in challenge and there is required an adjudication, tribunal does not have jurisdiction - Character of property in present case belonging to Wakf board not in dispute - There can be no continuation..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Wakf Act, 1954, Section 6A-- Dispute with regard to management and peaceful enjoyment of Mosque and Madrassa and assets relating to Wakf - Wakf Tribunal has jurisdiction. (Civil Procedure Code, 1908, S.9)...........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Registration Act, 1908, Section 17, 22A(1)(a)(c), Wakf Act, 1995, Section 5(2), 51(1)-- Refusal to register a document in respect of land based on a communication received not to register those lands being Wakf property - Held, in the absence of notification that such lands are Wakf property, refusal to register document is not legal...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Wakf Act, 1995, Section 83(9), Evidence Act, 1872, Section 116-- Estoppel - Defendant-petitioner in his previous suit pleaded that his father and predecessor-i, interest had even executed lease deed of suit land in favour of Punjab Wakf Board i.e. respondent-plaintiff - Plaintiff-respondent is also proved to be owner of suit property by notification proved by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Punjab Wakf Act, 1995, Section 83(9)-- Wakf property - Contention that in case of suit filed by Wakf Board for possession on basis of lease deed, Wakf Tribunal constituted under the Act has no jurisdiction to try suit - Held, since suit has been filed on basis of unauthorized and illegal possession of defendant and not on basis of..........
KERALA HIGH COURT
Year of decision: 2013
Details
Wakf Act, 1995, Section 54-- Administration of Wakf - Suit for injunction - Construction of Wakf property - Both parties failed to produce statements of accounts or any proof to show that they had means to erect improvements - In absence of proof, it could be presumed that constructions were effected directly through..........
KERALA HIGH COURT
Year of decision: 2013
Details
Wakf Act, 1995, Section 89-- Suit against Wakf Board - Want of notice u/s 89 - Effect - Suit was instituted seeking relief against Wakf Board without causing notice u/s.89 of the Act - Held, before instituting suit against Wakf Board, notice u/s.89 of the Act is pre-requisite - Suit can be instituted only after expiration of..........

Showing : 31-40 of 112 Results