Wakf Act, 1954, Section 24 -- Date of retirement - Regulation 30 applies to all employees of Board have to retire at age of 60 years which can go upto 65 by way of extension...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Dispute relating to Wakf property - Matter falls within ambit of Wakf Act and only Wakf Tribunal has jurisdiction to dispose of the dispute - Civil Court has no jurisdiction to decide the same - When special remedy is provided in a special statute then recourse cannot be..........
Wakf Act, 1995, Section 6, 7, 85 -- Waqf property - Tenant - Eviction - Held, suit for eviction against tenant(s) of waqf property is exclusively triable by civil Court as it is not covered by S.6 and 7 of the Act...........
Wakf Act, 1995, Section 6, 7 - - Scope of - Held, S.6 and 7 of the Act not only confer exclusive jurisdiction upon Waqf Tribunal for determination of certain disputes regarding a Waqf but also take jurisdiction of civil Court away in respect of such disputes...........
Wakf Act, 1995, Section 6, 7, 85 -- Waqf property - Tenant - Eviction - Held, suit for eviction against tenant(s) of waqf property is exclusively triable by civil Court as it is not covered by S.6 and 7 of the Act...........
Wakf Act, 1995, Section 6, 7 - - Scope of - Held, S.6 and 7 of the Act not only confer exclusive jurisdiction upon Waqf Tribunal for determination of certain disputes regarding a Waqf but also take jurisdiction of civil Court away in respect of such disputes...........
Wakf Act, 1995, Section 83(2) -- Suit for permanent injunction and alternative relief sought of declaration that sale deed is void - Application u/s 83(2) of Act - Nothing on record to suggest that on the date of filing application suit premises was Wakf and applicant was appointed as Mutawalli - No order passed by Act which was under challenge before Tribunal - Applicant..........
Wakf Act, 1995, Section 83(2) -- Suit for permanent injunction and alternative sought of declaration that sale deed is void - Application u/s 83 of Act - Dispute not covered u/ss 6 & 7 and under any other provision of Wakf Act - Suit held not maintainable before Tribunal nor Tribunal had jurisdiction to entertain the same...........
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...........
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...........
