Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Wakf Act, 1995, Section 64, 32(2)(g), Karnataka Wakf Rules, 2017, Rule 58 -- Removal of a member of Managing Committee by Managing Committee of Wakf - Managing Committee of Wakf has no power to remove a member of Managing Committee appointed by Wakf Board - It is only Wakf Board which has power to do so...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Waqf property - Enhancement of rentals by authorities challenged - Matter which is sought to be adjudicated is cognizable by Tribunal constituted u/s 83 of Wakf Act - Civil Court jurisdiction is barred - However, Tribunal not constituted under Wakf Act - Bar of civil Court jurisdiction does not come into..........
Wakf Act, 1995, Section 14 -- Muslim member of Bar Council - Cannot continue to hold membership in Waqf Board after he had ceased to be a member of Bar Council, as term of member of Bar Council serving on board is co-terminus with their membership in Bar Council itself...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11(d) -- Return/rejection of plaint - Jurisdiction of Tribunal - Suit for permanent injunction claiming easementary right - S.83 of Wakf Act, 1995 permits entertainment of suit by Tribunal - Application rightly rejected...........
Revenue record -- Wakf property - Merely by deleting the name of petitioner and inserting the name of Wakf Board in revenue record, it cannot be said that property is Wakf property...........
Wakf Act, 1995, Section 83 -- Applicability of S.83 of the Act - Property stands in the name of a private party, which would not make S.83 of the Act applicable requiring petitioner to approach Wakf Tribunal...........
Civil Procedure Code, 1908, Order 7, Rule 11, Wakf Act, 1995, Section 85, 40 -- Rejection of plaint - Bar of Civil Court jurisdiction - Jurisdiction of Civil Court is specifically ousted in determining issue whether a particular property is or is not a Waqf property - Plaint rejected...........
Wakf Act, 1995, Section 32(2)(g) -- Jurisdiction of Waqf Board - Issue pertaining to Mutawalliship - Waqf Board alone has got jurisdiction regarding issue pertaining to Mutawalliship and not the Waqf Tribunal...........
Criminal Procedure Code, 1973, Section 482, Wakf Act, 1995, Section 52A -- Quashing of proceedings - Offence u/s 52-A of Waqf Act - Court can take cognizance of offence u/s 52-A IPC only on complaint - Complaint does not include a police report - Order taking cognizance by Magistrate based on police report is bad in law and thus, quashed...........
