Suit For Permanent Injunction In Respect Of Waqf Property Maintainable Before Wakf Tribunal And Not Civil Court: Supreme Court
3 years, 4 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 waqf property or not and also since the suit is only for injunction, the Civil Court was not barred from entertaining the suit, under Section 85 of the Act. Section 83 even as it stood before the amendment, provided for the determination by the Tribunal, of any dispute, question or other matter relating to a waqf; and relating to a waqf property. "Therefore, to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a civil court, would be ignore the mandate of section 83 and 85 which speak of any dispute, question or other matter relating to a waqf or a waqf property.

Supreme Court Dispute Property Court Civil Wakf Tribunal Tribunal Suit Question Matter Permanent Waqf Civil Court Relating Ramesh Gobindram Other Matter Permanent Injunction  court  civil  waqf  supreme  relating  wakf  suit  question  maintainable  dispute  respect  property  matter  permanent  tribunal

History of this topic

Waqf Bill: Opposition leaders submit dissent note, flags 'violation of fundamental rights of Muslims'
1 month, 3 weeks ago

Waqf Bill: Opposition leaders submit dissent note, flags 'violation of fundamental rights of Muslims'

New Indian Express  

NEW DELHI: Opposition members on Wednesday objected to the proposed omission of the 'waqf by user' clause in the Waqf Amendment Bill, contending that the provision existed since time immemorial. In a dissent note to the report, AIMIM chief Asaduddin Owaisi said the last-minute inclusion of the proviso to the clause omitting 'waqf by user' was "wholly unhelpful" as the …

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 …

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 Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff's Title Is Disputed: Supreme Court
3 years, 6 months ago

Suit Simpliciter For Injunction Without Claiming Declaration Of Title Not Maintainable If Plaintiff's Title Is Disputed: Supreme Court

Live Law  

The Supreme Court observed that a suit simpliciter for permanent injunction without claiming declaration of title is maintainable only in cases where the plaintiff's title is not in dispute or under a cloud.The bench of Justices L. Nageswara Rao and B.R. The Supreme Court observed that a suit simpliciter for permanent injunction without claiming declaration of title is maintainable only …

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 …

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 …

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 …

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