Section 9 CPC Archives

Civil Court Can Decide Appointment of Sajjadanashin in Waqf Institutions: Supreme Court

“The office of the mutawalli and Sajjadanashin cannot be said to be one and the same… Sajjadanashin is the spiritual head of Waqf and declaration of Sajjadanashin is a religious affair, however, role of Mutawalli of a Waqf only pertains to the administration and management of the Waqf.”

Case Briefs High Courts

In absence of Waqf Tribunal, Civil Courts have jurisdiction to entertain waqf disputes: J&K and Ladakh HC

“Even in a case where there is an express bar for exercising jurisdiction by the civil courts, the consideration as to the scheme of the statute in question and the adequacy or sufficiency of the remedy provided, is permissible in law.”

Case Briefs High Courts

Madras HC | Court cannot suo motu return a suit at threshold on the ground that parties had agreed to refer all disputes to arbitration

Madras High Court: P.T. Asha, J., held that Section 8 of the Arbitration Conciliation Act, 1996 clearly indicate that the role of judicial

Case Briefs High Courts

Exercise of establishing facts before the civil courts cannot be bypassed by invoking writ jurisdiction under Article 226 of the Constitution

Karnataka High Court: While passing the order in a writ petition filed under Article 226 and 227 of the Constitution, a Single