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Supreme Court

Supreme Court Dismisses Appeal in Civil Suit Over Drain Dispute, Upholding Bar on Civil Court Jurisdiction Under Municipal Act. Civil Court Lacked Jurisdiction as Guwahati Municipal Corporation Act, 1971 Provided Implied Bar and Alternate Remedy Through Commissioner for Drain-Related Rights, Leading to Plaint Rejection Under Order VII Rule 11(d) of Code of Civil Procedure, 1908.

10 Aug 2021

The dispute arose from a title suit filed by the appellant against the respondent in the Court of Munsif No.2, Kamrup Guwahati, seeking a declaration ...

Supreme Court

Supreme Court Allows Appeal in Wakf Eviction Suit, Restoring Tribunal's Decree. Suit for Eviction of Tenant from Wakf Property Held Maintainable Before Wakf Tribunal Under Section 83 of Wakf Act, 1995, and Properties Established as Wakf Through Gazette Notification.

3 Aug 2021

The dispute involved the Telangana State Wakf Board and the Mutawalli of a registered Wakf institution (appellants) against Mohamed Muzafar (responden...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Tenancy Dispute, Upholding High Court's Eviction Order. The Court affirmed that tenancy rights in joint Hindu family property cannot be surrendered by the Karta without consent of coparceners, making subsequent lease to appellant illegal under Hindu law principles.

5 Apr 2021

The dispute arose from a tenancy in premises owned by the Bihar State Sunni Wakf Board. The plaintiff filed a suit for declaration as a tenant, claimi...

Supreme Court

Supreme Court Allows State Appeal in Waqf Board Supersession Case — Upholds Government's Power to Supersede Board Under Section 99 of Waqf Act, 1995 When Elected Members Are Less Than Nominated Members, Rendering Board Unable to Perform Functions. Partial Setting Aside of Supersession Order Is Impermissible; Challenge Barred by Constructive Res Judicata.

9 Sep 2020

The State of Tamil Nadu appealed against a common judgment of the Madras High Court that partially set aside the supersession of the Tamil Nadu Waqf B...

Supreme Court

Supreme Court Dismisses Appeal in Criminal Complaint Case for Lack of Jurisdiction Under Section 195 CrPC. Private Complaint Not Maintainable for Offences Under Sections 191-192 IPC Committed in Judicial Proceedings.

2 Sep 2020

The case arises from two criminal complaints filed by M/s Bandekar Brothers Pvt. Ltd. and another against Prasad Vassudev Keni and others under Sectio...

Supreme Court

Supreme Court Allows Appeal of Muslim Divorced Woman in Maintenance Case — Family Court Has Jurisdiction Under Muslim Women (Protection of Rights on Divorce) Act, 1986. High Court erred in holding that Family Court lacks jurisdiction to entertain application under Section 3 of the Act.

18 Jun 2020

The appeal arose from a judgment of the Rajasthan High Court which set aside an order of the Family Court granting maintenance to a Muslim divorced wo...

Supreme Court

Supreme Court Dismisses Appeal for Joint Mutawalliship in Waqf Property Dispute — Descendant Through Female Line Not Entitled Under Waqf Deed. Court Holds That Joint Mutawalliship Ceases on Death of Original Joint Mutawallis and Descendants Through Female Line Are Not Lineal Descendants Under Mohammedan Law.

26 Sep 2019

The appeal arose from a dispute over the mutawalliship of a waqf property created by Haji Elahi Baksh by a registered waqf deed dated 9.11.1936. The d...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Succession Dispute, Upholds Male Lineal Descent Requirement. The term 'putro poutradi krome' in a wakf deed restricts mutawalliship to male descendants, and a mutawalli cannot transfer his office without express authorization in the wakf deed.

26 Sep 2019

The Supreme Court dismissed the appeal arising from a dispute over the mutawalliship of a wakf estate in West Bengal. The wakf, created by a registere...

Supreme Court

Supreme Court Dismisses Appeal in Wakf Property Dispute — Suit Barred by Limitation Under Section 6 of Wakf Act, 1954. One-Year Limitation Period for Challenging Wakf Publication Cannot Be Extended by Notice Requirement Under Section 56.

30 Aug 2019

The appellant, Syed Zainul Abedeen, filed a suit under Section 6 of the Wakf Act, 1954, seeking a declaration that the property Mandarja Madnumber 14 ...

Supreme Court

Supreme Court Holds Plaintiff Can Plead Adverse Possession Under Article 65 of Limitation Act — Preliminary Issue Covered by Ravinder Kaur Grewal. The Court overruled earlier decisions and directed merits consideration.

8 Aug 2019

The Supreme Court disposed of three civil appeals involving a preliminary issue: whether a plaintiff can take the plea of adverse possession under Art...

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