Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
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Supreme Court of India 2017-05-04 allowed

Rajasthan Wakf Board vs Devki Nandan Pathak & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

A Wakf Board (Rajasthan) appealed against a High Court order that had quashed a Wakf Tribunal's decree on grounds of lack of jurisdiction. The dispute concerned whether land adjacent to a mosque was Wakf property, and whether a sale of that land was void. The Supreme Court held that the Wakf Tribunal has exclusive jurisdiction under Section 83 of the Waqf Act, 1995 to determine whether property is Wakf property and whether a sale violates the Act. The Civil Court's jurisdiction is barred by Section 85. The Court set aside the High Court's order and remitted the case for reconsideration on merits.

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Wakf Law Jurisdiction Administrative Tribunals Property Rights Civil Procedure

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