SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

R.BASANT, K.SURENDRA MOHAN
Rasheed – Appellant
Versus
Khalid Haji – Respondent


Counsel for the Parties:
For the Appellant: T.H. Abdul Azeez and
M. Isha, Advocates.
For the Respondent: A.A. Abul Hassan, Babu Karukapadath, M.A. Vaheeda Babu
Jagan George, K.A. Noushad and P.G. Pramod, Advocates.

ORDER

R. Basant, J.—Is the Board acting under Section 32 of the Wakf Act an adjudicatory body? Are the powers under Order 39 C.P.C available to the Wakf Board when it acts under Section 32? Can the Wakf Board pass interim orders while acting in exercise of its powers under Section 32? What are the powers of the Board when it acts under Section 32? These questions are raised for consideration before us.

2. These Revision Petitions are directed against a common order passed by the Wakf Tribunal. Proceedings were initiated before the Wakf Tribunal evidently under Section 83(2) of the Wakf Act challenging two separate orders passed by the Wakf Board. Both are described to be interim orders passed by the Wakf Board in an enquiry pending before it as E4-8360/07. The first impugned order dated 26.4.08 restrains the respondents herein from conducting an election to the Managing Committee until further orders. The second impugned order restrains the 1st respondent herein from convening a General Body Meeting on 22.6.08 and taking any decision in the said General Body Meeting. The Wakf Tribunal by the impugned orders set aside the orders.

3. A brief reference to vital facts may be essential. Th





































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top