AI Overview...
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Removal of Mutawalli - The Board has authority to remove a mutawalli if they are convicted multiple times of offences under Section 61, despite other laws or waqf deeds Syed Mukarram Ali Son of Late Syed Irteza Hussain VS Bihar State Shia Waqf Board Bihar - Current Civil Cases. The Supreme Court emphasized adherence to natural justice principles in such proceedings Syed Mukarram Ali Son of Late Syed Irteza Hussain VS Bihar State Shia Waqf Board Bihar - Current Civil Cases.
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Marriage Law & Human Rights - Sections 12 and 13 of the Special Marriage Act, 1954 should be interpreted to uphold fundamental human rights, aligning with ICCPR Article 23(2). Proxy marriages are recognized under public policy, provided the bridegroom is present; the law favors recognition of such marriages Vasmi Sudarshini VS Sub-Registrar, Sub-Registrar Office - Current Civil Cases.
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Waqf Act & Civil Procedure - The Tribunal has jurisdiction over eviction suits involving Waqf properties as established by Supreme Court judgments. Rejection of plaint under Order 7 Rule 11 CPC and Sections 83 & 85 of the Waqf Act depends on legal sufficiency and proper cause Manish Agrawal VS Waqf Zama Masjid Intzamiya Committee Thr. - Current Civil Cases.
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Maintenance & Marital Rights - A husband is legally obliged to maintain his wife under personal law, especially if she is unable to support herself. In divorce proceedings, the wife can seek maintenance, emphasizing the husband's duty beyond contractual obligations Pratibha Singh VS Vineet Kumar - Current Civil Cases.
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Civil Suit & Amendments - Amendments to plaints must not alter the nature of the suit or cause misjoinder of causes of action. Courts scrutinize proposed changes to prevent misuse and ensure legal clarity Damodhardas Govindprasad Sangi VS Fatehsinh - Current Civil Cases.
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Order under Section 14 of Waqf Act - Non-compliance within the prescribed time renders such orders ineffective. The role of an Advocate Commissioner and the legal force of orders under Section 14 are critical; delays can nullify their effect Mangalagiri Textile Mills Private Limited VS State Bank of India - Current Civil Cases.
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Limitation & Revision under Waqf Act - Petitions for revision under Section 83(2) of the Waqf Act are subject to limitation, with delays beyond prescribed periods being barred unless justified under Section 5 of the Limitation Act. The petitioner filed a revision petition after the limitation period Syed Mohammed Husaain VS Karnataka State Board of Waqf - Current Civil Cases.
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Property & Occupation Disputes - Supreme Court upheld that parties sharing common areas can occupy designated rooms, rejecting shifting demands. Court emphasized fair allocation respecting occupants' preferences Ritu Chernalia VS Amar Chernalia - Current Civil Cases.
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Procedure & Court Process - Courts must prevent procedural abuse by judgment-debtors. Proper appreciation of objections under Section 47 and procedural correctness are vital to uphold justice and prevent misuse of legal processes Nirmala Devi VS Hira Lal Swarnkar - Current Civil Cases.
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Cancellation of Registered Instruments - Fraudulent registration can be challenged via suit under Section 31 of the Specific Relief Act, but executive actions cannot infringe citizens' rights arbitrarily. Due process and proper legal procedures are essential for cancellation actions Vinod Shankar Jha @ Binod Shankar Jha VS State of Jharkhand - Current Civil Cases.
Analysis & Conclusion:
The sources collectively highlight the importance of lawful procedures, adherence to statutory limitations, and constitutional rights across various legal domains—be it Waqf law, property disputes, marriage rights, or procedural fairness. Supreme Court judgments serve as guiding principles, emphasizing justice, natural law, and procedural integrity. Proper legal interpretation and timely actions are crucial to uphold rights and ensure lawful governance.
Search Results for "2020 1 Currcc 83 Case Law"
• India - Current Civil Cases
MOHIT KUMAR SHAH
Removal of mutawalli.—(1) Notwithstanding anything contained in any other law or the deed of [waqf], the Board may remove a mutawalli from his office if such mutawalli— (a) has been convicted more than once of an offence punishable under section 61; or (b ... Reference in this connection has been made to a judgment rendered by the Hon’ble Apex Court in the case of Whirlpool Corporation v. Registrar of Trade Marks Mumbai & Others, (1998) 8 SCC 1. 7. ... principles of natural justice have been violated in the present #HL....
• India - Current Civil Cases
G.R.SWAMINATHAN
Marriage Act, 1954 – Sections 12 and 13 – Article 23(2) of International Covenant on Civil and Political Rights, 1966 – Article 16(1) ... fundamental human right – Sections 12 and 13 of Special Marriage Act, 1954 should be so construed as to effectuate this right – Since law ... Apt (1948) P.83 there is no reason in public policy to deny recognition to a proxy marriage. 4. In this case, the parties do not propose to conduct proxy marriage. The bridegroom will be very much present. ... In this case, the ....
• India - Current Civil Cases
ASHISH SHROTI
Civil Procedure Code, 1908 – Order 7 Rule 11 – Waqf Act, 1995 – Sections 83 and 85 – Rejection of plaint ... Section 83(1) being relevant is reproduced hereunder: “83. ... A discussion of law by the Apex Court in the case of Rashid Wali Beg (supra), makes it abundantly clear that the Tribunal has jurisdiction to entertain the eviction suit in respect of Waqf Property. ... Accordingly, the plaint filed by respondent no.1 which is pending in the Court of First Additio....
• India - Current Civil Cases
M. NAGAPRASANNA, M. NAGAPRASANNA
husband – Wife should not be made to wait for years together, to get certain amount of maintenance from hands of husband – In many a case ... 83. The husband being an able-bodied person is duty-bound to maintain his wife who is unable to maintain herself under the personal law arising out of the marital status and is not under contractual obligation. ... In the case at hand also, the husband institutes proceedings under Section 13 of the Act seeking divorce. The wife files an application on 06-02-2020#HL_END....
• India - Current Civil Cases
SANDEEP V. MARNE, SANDEEP V. MARNE
This has led to filing of Special Civil Suit No.27 of 2020 by two plaintiffs against their brother (defendant no.1), his children (defendant nos.2 to 4) as well as defendant nos.5 to 11. ... As per the settled proposition of law, if, by permitting plaintiffs to amend the plaint including a prayer clause nature of the suit is likely to be changed, in that case, the Court would not be justified in allowing the amendment. It would also result in misjoinder of causes of action.” ... No.2-10-84 (new) admeasuring South – North....
• India - Current Civil Cases
AHSANUDDIN AMANULLAH, B.S.BHANUMATHI
person/authority who is required to carry out order does not do so within time fixed, it would lead to an anomalous position in law ... possession of secured asset/property – Role of Advocate Commissioner – Order under Section 14 of Act loses its force/effect, in law ... there is no remedy prescribed under statute – Since an order passed by CMM/District Magistrate under Section 14 of Act has force of law ... The application money of Rs.52,00,000/- was paid and SBI also issued sanction letter dated 23.11.2020. Though as p....
• India - Current Civil Cases
G. BASAVARAJA
Waqf Act, 1995 – Section 83(2) – Limitation Act, 1963 – Section 5 – Revision petition – Limitation – Delay ... , 1959, petitions to revise order or proceedings of any court for which no period of limitation is prescribed by any applicable law ... The petitioner filed this Revision petition under Section 83(9) of the proviso of the Waqf Act on June 15, 2023. ... (1) Petitions to revise the order or proceedings of any Court for which no period of limitation is prescribed by any law applicable to it shall ....
• India - Current Civil Cases
PRATHIBA M. SINGH
impugned order passed by DC, Petitioner and her son shall occupy one room in suit property – Respondent Nos. 1 and 2 together shall ... parties – Common areas such as kitchen, drawing and dining room and staircase, etc., shall be used by all occupants - Respondent Nos.1 ... –Petitioner is not willing to considering shifting to any alternate premises, though same is offered by Respondents 1 and 2 – Considering ... The Hon’ble Supreme Court of India in its judgement dated 15th October, 2020 in CA No.2483/2020#HL_....
• India - Current Civil Cases
ARUN KUMAR JHA
of procedure could not be allowed to be abused by judgment-debtors – It is duty of court to see that process of court and law of ... – Section 47 – Execution of decree – Objection petition filed by petitioner rejected by Executing Court – Process of court and law ... application – Nomenclature or mentioning or wrong mentioning of provision in petition would not come in way of appreciation of merits of case ... Case No. 05 of 2002 was rejected vide order dated 29.11.2002 by the learned Munsif. Thereafter, on 09.07.2003, t....
• India - Current Civil Cases
GAUTAM KUMAR CHOUDHARY
seek cancellation of a registered instrument on the ground of fraud, by suit filed under Section 31 of Specific Relief Act – In case ... (A) Specific Relief Act, 1961 – Sections 31 and 34 – Registration Act, 1908 – Section 83 – Cancellation ... its officers in exercise of executive authority, cannot infringe citizen’s rights merely because legislature has power to make law ... No.1 of 2020. ... It is settled law that all executive actions of the Government of India and the Government o....
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