LawforAll

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Showing posts with label WAKF ACT. Show all posts
Showing posts with label WAKF ACT. Show all posts
Friday, May 3, 2013

Wakf Act, 1995: s.83(5) - Wakf Tribunal - Power of - HELD: Wakf Tribunal is deemed to be a civil court and has the same powers as are exercised by civil court under the Code of Civil Procedure while trying a suit or executing a decree or order - Civil courts are competent to issue injunctions in terms of Or. 39, rr. 1 and 2 and s.151 CPC - Similar orders can, therefore, be passed by the Wakf Tribunal also in suits that are legally triable by it - If the Wakf Tribunal, upon consideration of relevant facts and circumstances, comes to the conclusion that a case for grant of interim injunction has been made out, it shall be free to issue any such injunction - Code of Civil Procedure, 1908 - Or. 39, rr. 1 and 2 and s.151 - Injunctions. CIVIL APPELLATE JURISDICTION : Civil Appeal No. 492 of 2003. From the Judgment & Order dated 24.01.2002 of the High Court of Judicature at Madras in CRP No. 1430 of 2001. K.V. Viswanathan, B. Ragunath (for Vijay Kumar) for the Appellants. K. Ramamoorthy, Hari Shankar K., Vikas Singh Jangra for the Respondents.

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SYED MOHIDEEN & ANR. v. RAMANATHAPURA PERIA MOGALLAM JAMATH & ORS. (Civil Appeal No. 492 of 2003) JULY 21, 2010 [MARKANDEY KA...
Monday, October 15, 2012

Wakf Act- Section 9 of the 1921 Act, to the extent it is relevant, reads as under : “SECTION 9. APPLICATION TO COURT FOR DIRECTING THE LANDLORD TO SELL LAND – (1)(a)(i) Any tenant who is entitled to compensation under section 3 and against whom a suit in ejectment has been instituted or proceeding under section 41 of the Presidency Small Cause Courts Act, 1882, taken by the landlord may, within one month of the date of the publication of Madras City Tenants Protection Amendment Act, 1979 in the Tamil Nadu Government Gazette or of the date with effect from which this Act is extended to the municipal town, township or village in which the land is situate or within one month after the service on him of summons, apply to the Court for an order that the landlord shall be directed to sell for a price to be fixed by the Court, the whole or part of the extent of and specified in the application. In view of Section 3 of the 1994 Amendment Act, the application made by the legal representatives of the original defendant being Interlocutory Application No. 16520 of 1973 under Section 9 of the 1921 Act which is said to be pending before the trial court does not survive and by operation of law that application has abated. It is strange that when Second Appeal was heard by the High Court, none of the parties brought to the notice of the learned Judge the provisions of the 1994 Amendment Act. In the Review Petition, the provisions of the 1994 Amendment Act were expressly referred to but the learned single Judge referred to Section 2 only and did not advert to Section 3 at all. The omission to consider Section 3 of the 1994 Amendment Act has rendered the impugned judgment and impugned order legally unsustainable.

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                                                                  REPORTABLE                         IN THE SUPREME COURT OF INDIA ...
Thursday, October 7, 2010

EVICTION FROM LEASED WAKF PROPERTY - CIVIL SUIT

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SEC, 6[5], 7, 85 and 83 of WAKF Act - civil court jurisdiction is barred in respect some disputes incorporated in sec. 6 and 7 of the WAKF A...
Monday, September 6, 2010

WAKF AC T - EVICTION

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SEC.54 OF WAKF ACT :- THE CHIEF EXECUTIVE OFFICER HAS TO ISSUE A NOTICE TO THE ENCROACHER, AND AFTER HEARING HIS OBJECTIONS AND AFTER SATISF...