Waqf Act
Civil courts retain jurisdiction to hear disputes related to waqf properties if no Waqf Tribunal has been constituted under the Waqf Act, 1995.
A revision petition was filed challenging the maintainability of a civil suit concerning waqf property.
A Bench of Justice Sanjay Dhar held that Section 85 of the Waqf Act, which bars the jurisdiction of civil courts in matters pertaining to waqf properties, cannot be invoked in the absence of a Waqf Tribunal established under Section 83 of the same Act.
Jammu Laddakh High Court
JK Board vs Soura Shopkeepers
2025.
