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Waqf Act, 1995

20 judgments · newest first · showing 1–20

SHAIKH AMIN HUSSAIN PRESIDENT AND OTHERSversusGHANSHYAM PRATAPRAO SHELAR

DISPOSED OFF

The petitioners, trustees of Shaikh Mohammad Baba Dargah Trust, challenged an order by the Deputy Charity Commissioner issued under Section 41A of the Maharashtra Public Trusts Act directing them to de‑register the trust from the Waqf Board. The petitioners argued that Section 41A only empowers the …

PANACEA VENTURESversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETAR

Disposed Off

Panacea Ventures filed a writ petition before the Bombay High Court challenging an order affecting its interests. The State of Maharashtra and the Maharashtra Waqf Board contended that the petitioner had a statutory remedy before the Waqf Tribunal. The petitioner, through senior counsel, sought …

DR AKHILESH DUBEYversusSTATE OF U.P.

The High Court considered a bail application filed by Dr. Akhilesh Dubey, who faces multiple IPC charges including cheating, forgery, criminal intimidation and conspiracy in a property dispute involving alleged usurpation of Waqf land. The applicant contended that he was falsely implicated, that the …

SARKHEJ ROZA COMMITTEEversusSHAHRUKHKHAN ABDUL RAUFKHAN PATHAN

26-DISMISSED @ ADM.STAGE

The petitioners, represented by the Sarkhej Roza Committee, filed a group of civil revision applications under Section 83(9) of the Waqf Act, 1995, challenging a Waqf Tribunal order that rejected their plaint on the ground of insufficient court fees under Order 7 Rule 11 of the Code of Civil …

SARKHEJ ROZA COMMITTEEversusDAUDBHAI RAJEBHAI VOHRA

26-DISMISSED @ ADM.STAGE

The petitioner, Sarkhej Roza Committee, challenged a Waqf Tribunal order that dismissed its plaint for insufficient court fees and improper valuation under Order 7 Rule 11 of the Code of Civil Procedure, 1908. The petitioner argued that CPC provisions do not apply to Waqf suits under the Waqf Act, …

SARKHEJ ROZA COMMITTEEversusCHANDBIBI ABDULRAUFKHAN PATHAN

26-DISMISSED @ ADM.STAGE

The petitioner, Sarkhej Roza Committee, challenged a Waqf Tribunal order that dismissed its plaint for insufficient court fees and improper valuation under Order 7 Rule 11 of the Code of Civil Procedure, 1908. The petitioner argued that CPC provisions do not apply to Waqf suits under the Waqf Act, …

SABIR ALI KHANversusSYED MOHD. AHMAD ALI KHAN AND OTHERS

2023 INSC 368Dismissed

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 …

WAQF BOARD, RAJASTHANversusJINDAL SAW LIMITED & ORS

2022 INSC 493Dismissed

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 …

THE STATE OF MAHARASHTRAversusSHAIKH MAHEMUD & ANR.

2022 INSC 395Appeal(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, …

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

2022 INSC 369Dismissed

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 …

RASHID WALI BEGversusFARID PINDARI & ORS.

2021 INSC 685Appeal(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 …

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

2020 INSC 630Dismissed

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) …

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

2019 INSC 1231Disposed 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, …

ALIYATHAMMUDA BEETHATHEBIYYAPPURA POOKOYA & ANR.versusPATTAKAL CHERIYAKOYA & ORS.

2019 INSC 849Dismissed

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, …

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

2017 INSC 899Dismissed

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 …