Waqf Archives - Supreme Court of India Judgements

October 28, 2026 11:33 am

Supreme Court Sets Aside Orders Rejecting Waqf Trust’s Objection To Execution Of Property Decree, Orders Fresh Inquiry

Oct 16, 2026 sclaw

The Supreme Court has set aside orders rejecting a claim petition filed by Alladin Charities and Zakat Wakf, which sought to resist the execution of a decree for possession of…

Waqf

Wakf Act, 1995 — Section 83(9) — Revision — Jurisdiction — High Court in revision re-appreciated entire evidence, substituted its own findings, disregarded crucial material like recitals in partition deed and admissions of a party, and wrongly shifted onus on defendant — Such re-appreciation beyond scope of revisional powers — Impugned judgment unsustainable.

Apr 27, 2026 sclaw

2026 INSC 413 SUPREME COURT OF INDIA DIVISION BENCH A.P. STATE WAKF BOARD THROUGH CHAIRPERSON Vs. JANAKI BUSAPPA AND OTHERS ( Before : M.M. Sundresh and Augustine George Masih, JJ.…

Waqf

Waqf Act, 1995 — Section 3(i) and Section 32(2)(g) — Jurisdiction of Civil Court versus Waqf Board — Distinction between Sajjadanashin and Mutawalli — Sajjadanashin is a spiritual head with religious duties, while Mutawalli is a secular manager of Waqf property — Waqf Board has jurisdiction over appointment and removal of Mutawallis but not Sajjadanashins — Civil Court retains jurisdiction over disputes concerning the office of Sajjadanashin — High Court wrongly held Civil Court lacked jurisdiction.

Apr 3, 2026 sclaw

2026 INSC 314 SUPREME COURT OF INDIA DIVISION BENCH SYED MOHAMMED GHOUSE PASHA KHADRI Vs. SYED MOHAMMED ADIL PASHA KHADRI AND OTHERS ( Before : M.M. Sundresh and Vipul M.…

Waqf

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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Constitution

Supreme Court Sets Aside Orders Rejecting Waqf Trust’s Objection To Execution Of Property Decree, Orders Fresh Inquiry

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

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.

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

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Supreme Court of India Judgements

Category: Waqf

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