Only Wakf Tribunal Can Decide Whether A Property Is Wakf Or Not: SC [Read Judgment]
7 years, 10 months ago

Only Wakf Tribunal Can Decide Whether A Property Is Wakf Or Not: SC [Read Judgment]

Live Law  

Matters falling under Sections 51 and 52 of the Wakf Act are also required to be decided by the tribunal and not by the civil court, the bench held.When the main question involved in the suit is whether the suit land is a Wakf property or not, it can be decided only by the Wakf Tribunal, and not by the civil court, the Supreme Court has held in Rajasthan Wakf Board vs Devki Nandan Pathak.A. Matters falling under Sections 51 and 52 of the Wakf Act are also required to be decided by the tribunal and not by the civil court, the bench held. When the main question involved in the suit is whether the suit land is a Wakf property or not, it can be decided only by the Wakf Tribunal, and not by the civil court, the Supreme Court has held in Rajasthan Wakf Board vs Devki Nandan Pathak. A bench comprising Justice AM Sapre and Justice RK Agrawal also held that matters falling under Sections 51 and 52 of the Wakf Act are also required to be decided by the tribunal and not by the civil court.

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History of this topic

Munambam Land Dispute : Kerala High Court Questions Commission's Power To Examine Court Declarations On Waqf, Says It's Inclined To Stay
2 months ago

Munambam Land Dispute : Kerala High Court Questions Commission's Power To Examine Court Declarations On Waqf, Says It's Inclined To Stay

Live Law  

The Kerala High Court today questioned the authority of the State-appointed Commission to inquire into the Munambam land dispute between the locals and the Waqf Board, when the property was declared to be a waqf in judicial proceedings.Dealing with a petition filed by Kerala Waqf Samrakshana Vedhi, a registered society which works to protect Waqf properties in the state,. The …

Kerala HC judge recuses himself from hearing plea against constitution of commission on Munambam issue
2 months, 1 week ago

Kerala HC judge recuses himself from hearing plea against constitution of commission on Munambam issue

The Hindu  

Dias of the Kerala High Court on Thursday recused himself from hearing a writ petition challenging the State government’s order appointing an inquiry commission headed by former High Court judge C.N. The petitioner said that the State government had no power or authority to appoint a Commission of Inquiry to find a fact which had already been found in existence …

Any Land Declared As Masjid, Graveyard In Revenue Records Must Be Protected As Waqf Even If Unused By Muslims For Long : Punjab & Haryana High Court
4 months ago

Any Land Declared As Masjid, Graveyard In Revenue Records Must Be Protected As Waqf Even If Unused By Muslims For Long : Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that any entry in the revenue records declaring the land as "Takia, graveyard and Maszid" is required to be protected even if the same is not used by Muslim community from a long time.The Court rejected the plea filed by a Gram Panchayat challenging the decision of a Waqf Tribunal whereby the …

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed
5 months, 3 weeks ago

Telangana HC Dismisses Property Purchaser's Appeal, Says Act Done In 'Wilful Disobedience' Of Injunction Order Is Liable To Be Reversed

Live Law  

While hearing a matter concerning a property dispute, the Telangana High Court reiterated that an act which is done in violation of an injunction order is invalid and should be undone by the court putting back the parties in the same position as they were before such an order was passed. In reiterating so, the High Court dismissed an appeal …

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court
9 months, 3 weeks ago

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court

The Hindu  

The tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, will not get jurisdiction to annul the gift deed if the deed does not contain the condition that the transferee should provide basic amenities and physical needs to the transferor parent/senior citizen of the property, the High Court of Karnataka has said. Setting aside …

[J&K Wakfs Act 1978] Act Overrides All Other Laws, Any Sales Of Wakf Properties Inconsistent With It Are Legally Insignificant & Inoperative: High Court
1 year ago

[J&K Wakfs Act 1978] Act Overrides All Other Laws, Any Sales Of Wakf Properties Inconsistent With It Are Legally Insignificant & Inoperative: High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that the Jammu and Kashmir Wakfs Act, 1978 overrides all other laws when it comes to Wakf properties. Shedding light on the status of Acts which are inconsistent with the Waqf Act Justice Javed Iqbal Wani observed, “The Act of 1978 and of the rules and orders made thereunder shall …

HC division bench upholds single judge order on Wakf property
1 year, 3 months ago

HC division bench upholds single judge order on Wakf property

Deccan Chronicle  

Hyderabad: The Division Bench of the Telangana High Court comprising Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar has upheld the single judge's order, which had faulted the state government in notifying a land as the wakf property in 2006 based on the enquiry report prepared 41 years ago by the Wakf Commissioner. The Bench was dealing with the …

Wakf | Judgment Debtor Can't Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage: Supreme Court
1 year, 5 months ago

Wakf | Judgment Debtor Can't Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage: Supreme Court

Live Law  

After a prolonged litigation, the Supreme Court, in a noteworthy judgment, finally granted relief to the owner of a suit property in favour of whom the decree was already granted back in 2002. At the beginning of the judgment, the Court highlighted this unfortunate situation by citing Hon’ble Sir James Colvilbe in General Manager of the Raj Durbhunga v. Maharajah …

Conducting Survey Is Prerequisite Before Declaring Property As Wakf: Supreme Court
1 year, 10 months ago

Conducting Survey Is Prerequisite Before Declaring Property As Wakf: Supreme Court

Live Law  

While dismissing the appeal seeking recognition of the land as wakf property,the Supreme Court observed that conducting the survey under Section 4 of the Wakf Act,1954 before declaring a property as “wakf property” is a sine qua non. The bench of Justice Pankaj Mithal and Justice V.Ramasubramanian said, “In the absence of such a material, the mere issuance of the …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 10 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

Wakf Board Can Declare A Property As Wakf Only After Conducting Inquiry Under Section 40 Wakf Act: Supreme Court
3 years, 1 month ago

Wakf Board Can Declare A Property As Wakf Only After Conducting Inquiry Under Section 40 Wakf Act: Supreme Court

Live Law  

Wakf Act, 1995- Section 32 and 40 - The Wakf Board has power to determine the nature of the property as wakf under Section 32 but after complying with the procedure prescribed as contained in Section 40. Wakf Act, 1995- The Wakf Board is a statutory authority under the 1954 Act as well as under the 1995 Act. The publication …

Waqf Tribunal Has Jurisdiction Even If Subject Property Is Admitted To Be A Waqf Property: Supreme Court
3 years, 4 months ago

Waqf Tribunal Has Jurisdiction Even If Subject Property Is Admitted To Be A Waqf Property: Supreme Court

Live Law  

The Supreme Court has held that a Wakf Tribunal has jurisdiction to adjudicate a dispute even if a property is admitted to be a waqf property. Section 83 was amended to insert sub-section : "The State Government shall, by notification in the Official Gazette, constitute as many Tribunals as it may think fit, for the determination of any dispute, question …

Suit For Permanent Injunction In Respect Of Waqf Property Maintainable Before Wakf Tribunal And Not Civil Court: Supreme Court
3 years, 5 months ago

Suit For Permanent Injunction In Respect Of Waqf Property Maintainable Before Wakf Tribunal And Not Civil Court: Supreme Court

Live Law  

The Supreme Court held that a suit for permanent injunction in respect of a waqf property has to be filed before the Wakf Tribunal and not the Civil Court. According to the High Court, since the dispute does not involve either a question as to the nature of the property or the question whether the suit schedule property is a …

Supreme Court Adjourns Plea Seeking Directions To Complete Survey Of Wakf Estates Properties
3 years, 6 months ago

Supreme Court Adjourns Plea Seeking Directions To Complete Survey Of Wakf Estates Properties

Live Law  

The Supreme Court today adjourned a writ petition seeking direction to the State Wakf Board as well as State Governments to immediately complete the survey contemplated under section 4 of the Wakf Act, 1995 of properties in several Wakf Estates situated in various states. The writ petition stated that the value of properties in various Waqf Board of West Bengal …

Hindu Undivided Family - No Presumption That Business Run By Karta In Tenented Premise Is Joint Family Asset : Supreme Court
3 years, 11 months ago

Hindu Undivided Family - No Presumption That Business Run By Karta In Tenented Premise Is Joint Family Asset : Supreme Court

Live Law  

Just because a business was run by a karta of a Hindu Undivided Family in a tenented premise, there is no presumption that it is a joint Hindu family business, held the Supreme Court in a recent judgment. The bench held that the High Court erred in concluding that the business run by the tenant was a joint Hindu family …

Supreme Court Weekly Round-Up
5 years, 6 months ago

Supreme Court Weekly Round-Up

Live Law  

Succession To Mutawalliship By Descendant Through Female Line Not Barred The Supreme Court held that there is no legal bar on cognatic heirs of the waqif from succeeding to mutawalliship. Section 102 CrPC- Expression 'Any Property' Does Not Include 'Immovable Property' The Supreme Court held that the expression 'any property' appearing in Section 102 of the Code of Criminal Procedure …

Civil Court Has No Jurisdiction When There Is A Dispute As To Whether Suit Property Is Wakf Or Not: SC [Read Judgment]
6 years, 1 month ago

Civil Court Has No Jurisdiction When There Is A Dispute As To Whether Suit Property Is Wakf Or Not: SC [Read Judgment]

Live Law  

The Supreme Court has observed that when issue in the suit is as to whether suit property is Wakf property or not, it is required to be decided by the Tribunal and the Civil Court would have no jurisdiction. When issue in the suit is as to whether suit property is Wakf property or not it is covered by specific …

Sale Of Land For Mukesh Ambani's House 'Antilia' Illegal, Against Provisions Of Wakf Act: Maharashtra State Board Of Wakfs [Read Affidavit]
7 years, 4 months ago

Sale Of Land For Mukesh Ambani's House 'Antilia' Illegal, Against Provisions Of Wakf Act: Maharashtra State Board Of Wakfs [Read Affidavit]

Live Law  

The sale of land on which Mukesh Ambani’s home Antilia is built was illegal and against the provisions of the Wakf Act, the acting CEO of Maharashtra State Board of Wakfs has stated in an affidavit before the Bombay High Court.The affidavit was filed after a bench headed by Chief Justice Manjula Chellur directed the State Board of Waqfs in …

Only Wakf Tribunal Can Decide Whether A Property Is Wakf Or Not: SC [Read Judgment]
7 years, 10 months ago

Only Wakf Tribunal Can Decide Whether A Property Is Wakf Or Not: SC [Read Judgment]

Live Law  

Matters falling under Sections 51 and 52 of the Wakf Act are also required to be decided by the tribunal and not by the civil court, the bench held.When the main question involved in the suit is whether the suit land is a Wakf property or not, it can be decided only by the Wakf Tribunal, and not by the …

Writ Petition/Appeal Not Maintainable Against Orders Of Wakf Tribunal: Himachal Pradesh HC [Read Judgment]
8 years, 4 months ago

Writ Petition/Appeal Not Maintainable Against Orders Of Wakf Tribunal: Himachal Pradesh HC [Read Judgment]

Live Law  

The High Court of Himachal Pradesh has held that writ petition or appeal is not maintainable against the orders of a Wakf Tribunal, since Sub Section of Section 83 of the Wakf Act provides an efficacious alternative remedy to the aggrieved party to invoke the revisional jurisdiction of the high court.The court was considering a batch of petitions against the …

Writ Petition/Appeal Not Maintainable Against Orders Of Wakf Tribunal: Himachal Pradesh HC [Read Judgment]
8 years, 4 months ago

Writ Petition/Appeal Not Maintainable Against Orders Of Wakf Tribunal: Himachal Pradesh HC [Read Judgment]

Live Law  

The High Court of Himachal Pradesh has held that writ petition or appeal is not maintainable against the orders of a Wakf Tribunal, since Sub Section of Section 83 of the Wakf Act provides an efficacious alternative remedy to the aggrieved party to invoke the revisional jurisdiction of the high court.The court was considering a batch of petitions against the …

Encroachment of Wakf property to be a cognizable offence: Union Minister
11 years, 3 months ago

Encroachment of Wakf property to be a cognizable offence: Union Minister

The Hindu  

Encroachment of Wakf property will henceforth be a cognizable offence, and in case of any such dispute, an FIR must be registered by the police. The new rule is a part of amendments to the Wakf Act, 1995, with a view to protecting properties belonging to all Wakf boards in India, said Union Minority Affairs Minister K. Rahman Khan. Mr. …

Wakfs Board calls for vacating stay on delivery of verdict
14 years, 6 months ago

Wakfs Board calls for vacating stay on delivery of verdict

The Hindu  

The Supreme Court will hear on Tuesday the Ayodhya dispute case, in which by an interim order on September 23, the Allahabad High Court had been restrained from pronouncing the verdict in the four title suits. Radhakrishnan will hear petitioner Ramesh Chandra Tripathi, who wanted a negotiated settlement; the Sunni Central Board of Wakfs, Uttar Pradesh; the All-India Muslim Personal …

Bill to make Wakf Act more stringent passed
14 years, 10 months ago

Bill to make Wakf Act more stringent passed

Live Mint  

New Delhi: A Bill providing stringent penal provisions for encroachment of Wakf properties was passed by Lok Sabha on Friday, the last day of the Budget session. The Bill, which seeks to amend certain provisions of the Wakf Act 1995, addresses issues like encroachment of Wakf properties, indadequacy of data on Wakf properties and gives more teeth to the Central …

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