Waqf Archives - Supreme Court of India Judgements

February 4, 2026 2:56 am

Wakf Act, 1995 — Jurisdiction of Tribunal — Sections 6, 7, 83, 85 — Declaration of a property as waqf or not — Tribunal’s jurisdiction is confined to properties specified in the “list of Auqaf” (published under Section 5(2) or registered under Section 37) — Civil suits for injunction simpliciter regarding properties not in the list are not maintainable before the Tribunal.

Feb 1, 2026 sclaw

2026 INSC 90 SUPREME COURT OF INDIA DIVISION BENCH HABIB ALLADIN AND OTHERS Vs. MOHAMMED AHMED ( Before : Sanjay Kumar and K. Vinod Chandran, JJ. ) Civil Appeal No….of…

Waqf

Judgment Debtor Can’t Be Allowed To Take Undue Advantage By Invoking Plea Of Lack Of Jurisdiction At Execution Stage

Oct 26, 2023 sclaw

Executing Court Cannot Go Beyond the Decree The Court observed that the legal principle of an Executing Court cannot go beyond the decree stands fortified, subject to the rigor of…

Waqf

Civil Suit – Declaration of Wakf Property – In the absence of any evidence of valid creation of a wakf in respect of the suit property, it cannot be recognized as a wakf so as to allow it to be continued as a wakf property irrespective of its use or disuse as a burial ground.

May 28, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE — Appellant Vs. STATE OF TAMIL NADU AND OTHERS — Respondent ( Before : V. Ramasubramanian and Pankaj…

Acquittal Cr P C Waqf

(CrPC) – Ss 472 and 482 – Wakf Act, 1995 – Ss 3(ee) and 52A – Quashing of criminal complaint – Section 52A cannot cover cases where leases of wakf properties had expired in the past and where the tenant or lessee was, at the time the amendment of 2013 came into force, in physical possession and facing civil proceedings for eviction – Appeal allowed.

May 7, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH P. V. NIDHISH AND OTHERS — Appellant Vs KERALA STATE WAKF BOARD AND ANOTHER — Respondent ( Before : S. Ravindra Bhat and Dipankar…

Limitation Property Matters Waqf

Waqf Act, 1995 – Section 52 – Limitation Act, 1963 – Section 27 – Even in regard to a proceeding under the Act be it Section 52 if as on the date the action is taken, the title in the property stood vested with the person in possession by virtue of Section 27 of the Limitation Act then it may not be permissible to ignore the right which had been acquired.

Apr 16, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SABIR ALI KHAN — Appellant Vs. SYED MOHD. AHMAD ALI KHAN AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ.…

Waqf

In the absence of any proof of dedication or user, a dilapidated wall or a platform cannot be conferred a status of a religious place for the purpose of offering prayers/Namaaz

May 3, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH WAQF BOARD, RAJASTHAN — Appellant Vs. JINDAL SAW LIMITED AND OTHERS — Respondent ( Before : Hemant Gupta and V. Ramasubramanian, JJ. ) Civil…

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Bail Granted

Bharatiya Nyaya Sanhita, 2023 — Section 108, 80, 103, 85 — Dowry Prohibition Act, 1961 — Sections 3, 4 — Offences — Abetment to suicide, Dowry death, Murder — Allegations of extra-marital relationship, demand of money/dowry — Deceased died of poisoning/injection — Autopsy findings — Prosecution case not strong at bail stage.

Feb 1, 2026 sclaw

Labour Cases

Industrial Disputes Act, 1947 — Section 33(1) — Requirement for employer to seek permission before altering service conditions or stopping work of workmen during pendency of dispute — Failure to do so constitutes a breach of the Act.

Feb 1, 2026 sclaw

Labour Cases

Industrial Disputes Act, 1947 — Sections 10(1), 12 — Reference of industrial dispute — Apprehended dispute — Appropriate Government’s power to refer — The appropriate Government has the power to refer an industrial dispute for adjudication if it is of the opinion that such dispute exists or is apprehended. The initiation of conciliation proceedings under Section 12 does not statutorily require a prior demand notice to the employer as a pre-condition to approaching the Conciliation Officer. The management’s argument that a prior demand notice is essential, based on certain previous judgments, fails as it ignores the provision for referring an apprehended dispute, which can be invoked to prevent industrial unrest

Feb 1, 2026 sclaw

Bhartiya Nagrik Suraksha Sanhita

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 175(4) — Complaints against public servants alleged to have committed offenses in discharge of official duties — Interpretation — This provision is not a standalone provision, nor is it a proviso to Section 175(3) — It must be read in harmony with Section 175(3), with Section 175(4) forming an extension of Section 175(3) — The power to order investigation under Section 175(3) is conferred upon a judicial magistrate, while Section 175(4) also confers such power but prescribes a special procedure for complaints against public servants — The expression “complaint” in Section 175(4) does not encompass oral complaints and must be understood in the context of a written complaint supported by an affidavit, as required by Section 175(3) — This interpretation ensures that the procedural safeguard of an affidavit, mandated by Priyanka Srivastava v. State of U.P., is not undermined even when dealing with public servants — The intention is to provide a two-tier protection: first, at the threshold stage under Section 175(4) with additional safeguards, and second, at the post-investigation stage under Section 218(1) regarding previous sanction. (Paras 26, 31, 37.1, 37.2, 37.4, 37.5, 37.6, 37.8, 38, 39, 40, 42, 43, 44)

Feb 1, 2026 sclaw

Category: Waqf

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