Wakf Act, 1995

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (20 October 2023)

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Section 47, Code of Civil Procedure, 1908 with Section 9, Wakf Act, 1995, Wakf Act, 1995 with Section 83, Wakf Act, 1995 with Section 85

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (2023) LEGAL ISSUE: Whether the Wakf Tribunal has jurisdiction to adjudicate eviction matters related to Wakf properties. CASE TYPE: Wakf Law, Property Law Case Name: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. […]

Supreme Court Upholds Wakf Tribunal Jurisdiction in Eviction Cases: Mumtaz Yarud Dowla Wakf vs. M/S Badam Balakrishna Hotel Pvt. Ltd. (20 October 2023) Read Post »

Supreme Court Quashes Criminal Proceedings Against Tenants in Wakf Property Dispute: P.V. Nidhish & Ors. vs. Kerala State Wakf Board & Anr. (28 April 2023)

/ Constitutional Law, Constitutional Law with Article 20(1), Dipankar Datta, Judges, S. Ravindra Bhat, Wakf Act, 1995, Wakf Act, 1995 with Section 3(ee), Wakf Act, 1995 with Section 52A, Wakf Act, 1995 with Section 54

Supreme Court Quashes Criminal Proceedings Against Tenants in Wakf Property Dispute LEGAL ISSUE: Whether tenants of a Wakf property can be deemed “encroachers” under the Wakf Act, 1995, and subjected to criminal prosecution for continuing to occupy the property after the expiry of their lease, especially when their possession began before the relevant amendments to

Supreme Court Quashes Criminal Proceedings Against Tenants in Wakf Property Dispute: P.V. Nidhish & Ors. vs. Kerala State Wakf Board & Anr. (28 April 2023) Read Post »

Supreme Court clarifies the definition of “encroacher” under the Wakf Act in property dispute: P.V. Nidhish & Ors. vs. Kerala State Wakf Board & Anr. (28 April 2023)

/ Constitutional Law, Constitutional Law with Article 20(1), Criminal Law, Criminal Procedure Code, 1973, Dipankar Datta, Encroachment, Judges, Retrospective Application of Law, S. Ravindra Bhat, Wakf Act, 1995, Wakf Act, 1995 with Section 3(ee), Wakf Act, 1995 with Section 52A

Supreme Court Clarifies Encroachment Under Wakf Act: P.V. Nidhish vs. Kerala State Wakf Board (2023) LEGAL ISSUE: Whether tenants of Wakf properties whose leases have expired can be termed “encroachers” under the Wakf Act, 1995, particularly concerning the retrospective application of the 2013 amendment. CASE TYPE: Property Law, Wakf Law, Criminal Law Case Name: P.V.

Supreme Court clarifies the definition of “encroacher” under the Wakf Act in property dispute: P.V. Nidhish & Ors. vs. Kerala State Wakf Board & Anr. (28 April 2023) Read Post »

Supreme Court clarifies the distinction between Wakf and Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (20 October 2022)

/ Bombay Public Trust Act, 1950, Bombay Public Trust Act, 1950 with Section 2, Hrishikesh Roy, Judges, K.M. Joseph, Public Trust Definition, Wakf Act, 1995, Wakf Act, 1995 with Section 4, Wakf Act, 1995 with Section 43, Wakf Definition and Registration

Supreme Court Clarifies Wakf vs. Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (2022) LEGAL ISSUE: The core legal issue revolves around the distinction between a Wakf and a Public Trust, particularly when both are created by Muslims and registered under the Bombay Public Trust Act, 1950. CASE TYPE:

Supreme Court clarifies the distinction between Wakf and Public Trust: Maharashtra State Board of Wakfs vs. Shaikh Yusuf Bhai Chawla & Ors. (20 October 2022) Read Post »

Encroachment Dispute Remanded: Supreme Court Orders Fresh Review in Matadin Surajmal Rajoria vs. Ramdwar Mahavir Pande (21 September 2021)

/ Civil Law, Code of Civil Procedure, 1908, Encroachment, Hrishikesh Roy, Judges, Land Disputes, Order XXVI, Code of Civil Procedure, 1908, Property Law, R. Subhash Reddy

Supreme Court Remands Encroachment Case: Matadin Surajmal Rajoria vs. Ramdwar Mahavir Pande (2021) LEGAL ISSUE: Whether the High Court correctly assessed the evidence of encroachment in light of a court-appointed surveyor’s report. CASE TYPE: Civil Property Dispute Case Name: Matadin Surajmal Rajoria (Deceased) Through Sole Legatee Lalita Satyanarayan Khandelawal vs. Ramdwar Mahavir Pande (Dead) Thr.

Encroachment Dispute Remanded: Supreme Court Orders Fresh Review in Matadin Surajmal Rajoria vs. Ramdwar Mahavir Pande (21 September 2021) Read Post »

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute: Kiran Devi vs. Bihar State Sunni Wakf Board (2021)

/ Ashok Bhushan, Constitutional Law, Constitutional Law with Article 226, Constitutional Law with Article 227, Hemant Gupta, Hindu Law, Joint Hindu Family, Judges, Powers of Karta, S. Abdul Nazeer, Wakf Act, 1995, Wakf Act, 1995 with Section 83, Wakf Tribunal

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute LEGAL ISSUE: Whether a Karta of a Joint Hindu Family can surrender tenancy rights without the consent of other coparceners. CASE TYPE: Property Law/Tenancy Dispute Case Name: Kiran Devi vs. The Bihar State Sunni Wakf Board & Ors. [Judgment Date]: April 5,

Supreme Court Upholds Karta’s Right to Surrender Tenancy in Joint Hindu Family Dispute: Kiran Devi vs. Bihar State Sunni Wakf Board (2021) Read Post »

Supreme Court Upholds Rejection of Panchayat Land Regularization for Encroachments Exceeding 200 Square Yards

/ Dhananjaya Y Chandrachud, Encroachment, Judges, Land Law, M.R. Shah, Panchayat Land, Punjab Village Common Lands (Regulation) Rules, 1964, Punjab Village Common Lands (Regulation) Rules, 1964 with Rule 12(4), Regularization

Supreme Court Upholds Rejection of Panchayat Land Regularization for Encroachments Exceeding 200 Square Yards LEGAL ISSUE: Whether unauthorized occupation of Panchayat land exceeding 200 square yards can be regularized under Rule 12(4) of the Punjab Village Common Lands (Regulation) Rules, 1964. CASE TYPE: Land Law, Panchayat Land Regularization. Case Name: Joginder and another vs. State

Supreme Court Upholds Rejection of Panchayat Land Regularization for Encroachments Exceeding 200 Square Yards Read Post »

Supreme Court Reverses High Court Order on Land Conversion Fees: State of Odisha vs. Bichitrananda Das (2019)

/ Dhananjaya Y Chandrachud, Encroachment, Hrishikesh Roy, Judges, Land Conversion, Land Law, Leasehold to Freehold, Orissa Public Premises (Eviction of Unauthorized Occupants) Act 1972, Orissa Public Premises (Eviction of Unauthorized Occupants) Act 1972 with Section 4(1)

Supreme Court Reverses High Court Order on Land Conversion Fees: State of Odisha vs. Bichitrananda Das (2019) LEGAL ISSUE: Whether conversion fees for leasehold to freehold land should be calculated based on the date of application or the date of the final decision when there is an issue of encroachment. CASE TYPE: Civil Law, Land

Supreme Court Reverses High Court Order on Land Conversion Fees: State of Odisha vs. Bichitrananda Das (2019) Read Post »

Supreme Court Sets Aside High Court Order on Encroachment: Pradeep Singh Bisht vs. State of Uttarakhand (2019)

/ Aniruddha Bose, Civil Law, Deepak Gupta, Encroachment, Judges, Municipal Corporation, Municipal Corporation Act, Ranjan Gogoi, Statutory Law

Supreme Court Sets Aside High Court Order on Encroachment: Pradeep Singh Bisht vs. State of Uttarakhand (2019) The Supreme Court of India, on July 19, 2019, addressed a case regarding alleged encroachments and unauthorized constructions. The core issue was whether the High Court could order eviction based solely on an Advocate-Commissioner’s report, without the Municipal

Supreme Court Sets Aside High Court Order on Encroachment: Pradeep Singh Bisht vs. State of Uttarakhand (2019) Read Post »

Supreme Court Clarifies Jurisdiction of Wakf Tribunal in Property Disputes: Punjab Wakf Board vs. Sham Singh Harike & Teja Singh (2019)

/ Ashok Bhushan, Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order VII Rule 10, Code of Civil Procedure, 1908 with Order VII Rule 11, Judges, K.M. Joseph, Wakf Act, 1995, Wakf Act, 1995 with Section 83, Wakf Act, 1995 with Section 85, Wakf Tribunal

Supreme Court Clarifies Jurisdiction of Wakf Tribunal in Property Disputes: Punjab Wakf Board vs. Sham Singh Harike & Teja Singh (2019) Date of the Judgment: 07 February 2019 Citation: (2019) INSC 79 Judges: Ashok Bhushan, J. and K.M. Joseph, J. Can a Wakf Tribunal decide on cases where the core issue is whether a property

Supreme Court Clarifies Jurisdiction of Wakf Tribunal in Property Disputes: Punjab Wakf Board vs. Sham Singh Harike & Teja Singh (2019) Read Post »

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018)

/ A.M. Khanwilkar, Constitutional Law, Constitutional Law with Article 14, D.Y. Chandrachud, Dipak Misra, Disqualifications, Encroachment, Judges, Maharashtra Village Panchayat Act, 1958, Maharashtra Village Panchayat Act, 1958 with Section 14, Right to Equality

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018) LEGAL ISSUE: Whether a person can be disqualified from continuing as a member of a Gram Panchayat if their family members have encroached upon government land and they are using that land. CASE TYPE: Election Law, specifically related

Supreme Court Clarifies Disqualification for Encroachment on Government Land in Panchayat Elections: Janabai vs. Additional Commissioner (2018) Read Post »

Supreme Court Upholds Concurrent Findings in Land Encroachment Case: Municipal Council Bawal vs. Babu Lal (2018)

/ Amitava Roy, Civil Law, Encroachment, Judges, Kurian Joseph, Land Disputes

Supreme Court Upholds Concurrent Findings in Land Encroachment Case: Municipal Council Bawal vs. Babu Lal (2018) Date of the Judgment: January 10, 2018 Citation: (2018) INSC 14 Judges: Justice Kurian Joseph and Justice Amitava Roy Can a municipal council encroach upon private land without proper acquisition? The Supreme Court of India addressed this question in

Supreme Court Upholds Concurrent Findings in Land Encroachment Case: Municipal Council Bawal vs. Babu Lal (2018) Read Post »

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