Posts

suit under Section 83(2) of the Wakf Act, 1995 for eviction. The suit was decreed by a judgment dated 21.02.2015. The appellant filed A.S.No.98 of 2016, but the same was dismissed - There is no necessity for the Managing Committee of a Wakf to obtain the prior permission either of the Wakf Board or of the Chief Executive Officer to initiate action for recovery of possession from the tenants. -Section 90 (1) requires the Court or Tribunal, in every case relating to title or possession of Wakf property or the right of a Mutawali or beneficiary, to issue notice to the Board. An obligation was imposed under Section 90(1) upon the Wakf Tribunal or Court. The consequence of non-compliance with the obligation under sub-section (1) is spelt out in sub-section (3). Sub-section (3) merely states that in the absence of a notice under sub-section (1), any decree passed can be declared as void if the Board applies to the Court in this behalf. Sub-section (3) of Section 90 does not confer a right upon the tenant to come up with a plea that if no notice is issued under Section 90(1), the decree becomes void. Therefore, it is not for the appellant to say that the failure to issue notice makes the decree void. It is for the Wakf Board to say that. In any case, the object behind Section 90 is to protect Wakf as well as Wakf property. The object behind the Managing Committee of a Wakf evicting a tenant is also to protect the interest of the Wakf. - Section 54 applies to encroachers. When I made a pointed query to the learned counsel for the appellant as to whether the appellant is an encroacher, the learned counsel had no alternative except to deny the same. Therefore, what applies to an encroacher cannot be invoked by a person, who does not admit to be an encroacher.

contributory negligence on the part of the claimant is concerned, as, it was admitted by the claimant that she was sitting on the edge of the Jeep thereby contributing to the accident. ; Dr.T.Narsing Rao, who issued Ex.A-3, wound certificate, is a stock witness. The approach of the lower Court in that regard does not find favour with this court.

cheque bounce case - Stop Payment - Unclaimed Statutory notice - not save the skin of the accused - when presented returned dishonoured even outcome of stop payment, it is within the meaning of the provisions of the Act and even after dishonour when statutory notice issued for any dispute of not served when shows unclaimed from the presumption under Section 27 General Clauses Act of due service available therefrom it is of deemed service - there is no oath against oath and there is no evidence in rebuttal and Exs.P10 and P11 with reference to Ex.P1 not in dispute, the Courts below are right in finding the accused guilty and for this Court while sitting in revision against that concurrent finding of guilt concerned there is nothing to interfere.

No maintainance from Paramour - but he is liable to pay maintenance to his illegitimate child = sole respondent (revision petitioner), used to approach her under the pretense of dropping the minor boy Ganesh in school and developed intimacy with her and lured her to marry him and there was a marriage between them on 27.11.2004, at Nakrekal and in their wedlock, they blessed with female child, M.C. 2nd respondent by name Venkata Harshini. It is thereby her claim is for entitlement of maintenance.= Having regard to the above, the awarding of maintenance to her of Rs.3,500/- per month is per se unsustainable and is liable to be set aside.

whether FIR be treated as 161 statement =Their preliminary act of visiting the scene cannot be regarded as part of investigation.- the police visited the scene much prior to the registration of FIR and conducted the investigation and therefore, Ex.P.1 was hit by Sec.162 Cr.P.C. In our considered view, even if the said admission of PW.1 is taken into consideration, the FIR would not be hit by Sec.162 Cr.P.C for the reason that in this case, the acts performed by the police after reaching the spot cannot be regarded as part of investigation.

merely because the deceased had suffered 100% burns that was no ground to discard the dying declaration.