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1 - 8 of 8 (0.29 seconds)Article 227 in Constitution of India [Constitution]
Haji.P.Liakath Alikhan vs K.Unneenkutty Saquafi on 7 September, 2005
In Haji P.Laikath
Alikhan v. Unneenkutty Saquafi (supra) it has been held by this Court
that dedication of movable or immovable property is essential to constitute a
Wakf under Section 3(r) of the Act. Therefore crucial question for consideration
is whether petitioner No.1 is a Wakf as contended by petitioners or, is only a
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society registered under the Societies Registration Act as claimed by
respondent. Since that disputed fact is glaring and has to be settled by regular
forum I do not think it proper to exercise the power under Article 227 of the
Constitution. In view of that I hold that the appropriate remedy open to
petitioners is to challenge maintainability of the suit before learned Sub Judge as
provided under law or, if they are aggrieved by the impugned order to file Civil
Miscellaneous appeal before the appropriate forum and challenge correctness
of the impugned order.
M.A.Muhammed Kunju vs Biju on 4 April, 2008
Learned counsel placed reliance on the decisions in
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A.Venkatasubbiah Naidu v. S.Chellappan and others ((2000) 7
SCC 695) and Haji P.Laikath Alikhan v. Unneenkutty Saquafi
(2005 (4) KLT SN.43 (Case No.57)).
Section 3 in The Societies Registration Act, 1860 [Entire Act]
Section 85 in The Wakf Act, 1995 [Entire Act]
The Code of Civil Procedure, 1908
A. Venkatasubbiah Naidu vs S. Chellappan And Ors on 19 September, 2000
Learned counsel placed reliance on the decisions in
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A.Venkatasubbiah Naidu v. S.Chellappan and others ((2000) 7
SCC 695) and Haji P.Laikath Alikhan v. Unneenkutty Saquafi
(2005 (4) KLT SN.43 (Case No.57)).
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