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Legislation

Waqf Act, 1995

9 Supreme Court judgments cite this Act.

P. NAZEER ETC.versusSALAFI TRUST & ANR. ETC.

2022 INSC 36930 March 2022Dismissed

The dispute concerned the management of Salafi Juma Masjid, a waqf registered under the Waqf Act, 1995. The Mahal Committee, claiming to be a local (Sakha) unit of the registered society Kerala Naduvathil Mujahideen, sued the Salafi Trust seeking a declaration that a certificate of registration issued under s.36 of the

WAQF BOARD, RAJASTHANversusJINDAL SAW LIMITED & ORS

2022 INSC 49329 April 2022Dismissed

The Rajasthan Waqf Board claimed that a structure identified as the Qalandari Masjid on Tiranga Hill was a waqf religious site situated within Survey No. 6731, which had been leased to Jindal Saw Ltd for mining. The High Court allowed the mining lease to proceed, prompting the Board to appeal. The Supreme Court examine

RASHID WALI BEGversusFARID PINDARI & ORS.

2021 INSC 68528 October 2021Appeal(s) allowed

The plaintiff filed a suit in a civil court seeking permanent and mandatory injunctions to protect his possession of a piece of land that was admitted to be a waqf property. The defendant, who also admitted the waqf status, moved to dismiss the suit on the ground that under the Waqf Act, 1995, such disputes must be dec

DHARAMPAL (DEAD) THR. LRS.versusPUNJAB WAKF BOARD & ORS.

2017 INSC 89913 September 2017Dismissed

The Punjab Wakf Board sued Dharampal (deceased) and others for possession of land it owned. Dharampal's heirs claimed title by adverse possession, asserting continuous possession since 1953 through his father. The lower courts initially upheld the board's claim, rejecting the adverse possession plea. On appeal, the Sup

SABIR ALI KHANversusSYED MOHD. AHMAD ALI KHAN AND OTHERS

2023 INSC 36813 April 2023Dismissed

The case concerned a Shia waqf‑al‑aulad created in 1934, whose property was allegedly alienated by two void sales in 1960 and 1974 without the sanction of the Waqf Board. The respondents, who were beneficiaries of the waqf, claimed title by adverse possession, while the appellant argued that limitation provisions (Arti

M SIDDIQ (D) THR LRSversusV. MAHANT SURESH DAS & ORS

2019 INSC 12319 November 2019Disposed off

The instant appeals arose from five suits between 1950 and 1989 over a 1500 sq yard land in Ayodhya, claimed by Hindus as the birthplace of Lord Ram (Ram Janmabhumi) and by Muslims as the site of the Babri Masjid. The Allahabad High Court had directed a three-way partition of the disputed site, which the Supreme Court

THE STATE OF MAHARASHTRAversusSHAIKH MAHEMUD & ANR.

2022 INSC 3956 April 2022Appeal(s) allowed

The State of Maharashtra appointed Shaikh Mahemud as a member of the Maharashtra State Board of Waqfs by a notification on 13 September 2019. The appointment was later cancelled by a notification dated 4 March 2022, prompting Shaikh to file a writ petition. The High Court set aside the cancellation, holding that Sectio

THE STATE OF TAMIL NADU & ANR.versusK. FAZLUR RAHMAN & ANR.

2020 INSC 6303 November 2020Dismissed

The Tamil Nadu Waqf Board, constituted on 10‑Oct‑2017, comprised 11 members, including elected and nominated representatives. After the term of a Member of Parliament expired in May 2019, the State Government argued that elected members were fewer than nominated members and, invoking Section 99(1) of the Waqf Act, 1995

ALIYATHAMMUDA BEETHATHEBIYYAPPURA POOKOYA & ANR.versusPATTAKAL CHERIYAKOYA & ORS.

2019 INSC 8491 August 2019Dismissed

The dispute concerned the office of mutawalli of the historic Andrott Jumah mosque in Lakshadweep. The senior members of the Pattakal family claimed a hereditary customary right to the office, tracing it to Saint Ubaidulla, the mosque’s founder, while the appellants, representing island residents, argued that the right

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