#Waqf Tribunal

[balkikhalnews]

Cong seeks Anurags apology for his remarks against Kharge - The Tribune

The Congress today staged a protest in Shimla over ‘indecent comments’ made by Hamirpur MP Anurag Thakur against All India Congress Committee (AICC) president Mallikarjun Kharge in Parliament during a discussion on the Waqf Board Bill. “We are saddened by the indecent comments made by Anurag Thakur against the senior leader of the Congress. He should stay in his limit, and not make such remarks,”…

[werindialive]

Parliament Passes Waqf Amendment Bill 2025

Parliament has passed the Waqf (Amendment) Bill, 2025, after a long and heated debate. The Rajya Sabha approved the bill early Friday morning, with 128 members voting in favour and 95 against. The bill had already been cleared by the Lok Sabha on Thursday, with 288 votes supporting it and 232 opposing.

What the Government Says

The bill was introduced by Union Minority Affairs Minister Kiren Rijiju, who said that the changes will help make the system more transparent and fair. He assured that the status of Waqf properties won’t be changed unless the legal process is followed. He also said the bill includes many suggestions made by a parliamentary committee.

Key Features of the Bill

· Stronger Waqf tribunals for solving property disputes faster

· Lower contribution from Waqf institutions to Waqf boards — from 7% to 5%

· Mandatory audits for Waqf bodies earning over ₹1 lakh

· Central online portal to manage Waqf properties

· Muslims must be practising for at least 5 years before donating property to Waqf

· Women must get their rightful inheritance before property is given to Waqf

· Special protections for widows, divorced women, and orphans

· Senior government officials to review claims of Waqf ownership on public land

· Non-Muslim members can be added to Waqf boards for better representation

Heated Debate in Rajya Sabha

The discussion in the Rajya Sabha went on for nearly 12 hours and saw sharp exchanges between government and opposition members. Congress leader Mallikarjun Kharge said the bill was unfair to the Muslim community and asked the government to withdraw it. He claimed it could disturb peace and harmony in the country.

Another Congress MP, Syed Naseer Hussain, was criticized by BJP MP Radha Mohan Das Agrawal, who referred to controversial slogans allegedly raised in Karnataka in the past.

On the other hand, BJP leaders defended the bill. JP Nadda, the leader of the house, said that the Congress had previously treated Muslim women unfairly, while the Modi government had helped them by banning triple talaq.

BJD’s Mixed Stand

The Biju Janata Dal (BJD) allowed its members to vote based on personal judgment. Muzibulla Khan from the party opposed the bill, saying Muslims were concerned about it. But Sasmit Patra, also from BJD, supported the bill, saying he believed in the changes proposed.

Opposition and Legal Challenges Ahead

The bill will now be sent to the President of India for approval. But the controversy may not end here. Mufti Nasir-ul-Islam, the Grand Mufti of Jammu and Kashmir, strongly opposed the bill and said the community might go to the Supreme Court to challenge it. He also praised the 232 MPs who voted against it in the Lok Sabha.

What Happens Next?

Once signed by the President, the bill will become law. While the government says it will help improve Waqf property management, opposition leaders and community members believe it could hurt Muslim rights.

With possible protests and court cases ahead, the Waqf (Amendment) Bill 2025 is likely to stay in the headlines in the coming days. Read top news headlines India in Hindi by subscribing our newsletter!

[samajtaknewschaneel]

Voting on Waqf (Amendment) Bill in Lok Sabha: Complete Information:

The Waqf (Amendment) Bill 2025 was put to vote in the Lok Sabha on Monday and was passed with a majority. This bill introduces new provisions for the management and resolution of disputes related to Waqf properties. However, it sparked intense debates between the ruling party and the opposition.

SamajTaknewsChannel

Key Provisions of the Bill:

Monitoring of Waqf Properties: The government has been granted more authority to oversee and manage Waqf Board properties.

Reorganization of Waqf Tribunal: The bill includes a provision for appointing non-Muslim judges in Waqf tribunals.

Dispute Resolution Process: Legal procedures have been amended to ensure faster resolution of Waqf-related disputes.

Reactions from the Government and Opposition:

Opposition's Protest: The Congress, Samajwadi Party, and Trinamool Congress opposed the bill. Rahul Gandhi criticized it as an attack on minority rights, while other leaders argued that it could make Muslim properties controversial.

Government's Stand: The government defended the bill as a step towards transparency and the elimination of corruption in the management of Waqf properties.

Voting Outcome and Next Steps:

The bill was passed in Lok Sabha with 288 votes in favor and 232 against.

The opposition's proposed amendments were rejected.

Now, the bill will be introduced in the Rajya Sabha, where further debates are expected.

This bill is likely to continue being a subject of political and social discussions in the coming days.

[vougevibesfashion]

The Waqf Amendment Bill 2024: Key Changes, Impact, and Controversies

The Waqf (Amendment) Bill, 2024, introduced in the Lok Sabha on August 8, 2024, aims to reform the management and regulation of Waqf properties in India. This legislative proposal seeks to amend the existing Waqf Act of 1995, addressing various administrative, legal, and structural issues to enhance transparency, efficiency, and inclusivity in Waqf administration. The bill has sparked considerable debate, reflecting its significance and the diverse perspectives surrounding its provisions.

Understanding Waqf and Its Governance

A Waqf is a charitable endowment under Islamic law, wherein a person dedicates movable or immovable property for religious or charitable purposes, with the stipulation that the property cannot be sold or transferred. The Waqf Act of 1995 governs the administration of such properties in India, mandating the establishment of Waqf Boards in each state to oversee their management. These boards are responsible for ensuring that Waqf properties are utilized in accordance with the donor's intentions and for the benefit of the community.

Key Amendments Proposed in the Bill

The Waqf (Amendment) Bill, 2024, introduces several significant changes to the existing framework:

Renaming of the Act: The bill proposes to rename the Waqf Act, 1995, as the "Unified Waqf Management, Empowerment, Efficiency, and Development Act, 1995" (UWMEEDA 1995). This change reflects a broader vision for Waqf management, emphasizing unity and development.

Definition and Declaration of Waqf: To enhance clarity, the bill stipulates that only individuals who have practiced Islam for at least five years can declare a Waqf, and they must own the property being endowed. Additionally, the concept of "waqf by user," where long-term use could lead to recognition as Waqf property, is proposed to be removed. The bill also ensures that "waqf-alal-aulad" (family Waqf) does not infringe upon the inheritance rights of heirs, including women.

Survey and Registration of Waqf Properties: The responsibility for surveying Waqf properties is to be assigned to district collectors or designated officers, aiming for more accurate and authoritative assessments. The bill also proposes the creation of a central portal for Waqf registration, auditing, and financial management to promote transparency and accessibility.

Composition of Waqf Boards and Councils: The bill mandates a more inclusive composition of the Central Waqf Council and State Waqf Boards by including non-Muslims, women, and representatives from various Muslim communities such as Shia, Sunni, Bohra, and Agakhani sects. This aims to reflect the diversity within the Muslim community and ensure broader representation.

Establishment of Separate Waqf Boards: Provisions are made for establishing separate Waqf boards for specific Muslim sects, including the Bohra and Agakhani communities, to cater to their unique needs and practices.

Reform of Waqf Tribunals: The bill proposes restructuring Waqf Tribunals to consist of two members and allows appeals against their orders to the High Court within ninety days, thereby providing an additional layer of judicial oversight.

Anticipated Impact of the Amendments

The proposed amendments are expected to have several implications:

Enhanced Transparency and Accountability: By introducing e-governance practices and centralizing data, the bill aims to reduce corruption and mismanagement in Waqf properties.

Inclusive Representation: The inclusion of diverse community members in Waqf boards and councils seeks to democratize decision-making processes and ensure that various perspectives are considered.

Streamlined Dispute Resolution: Reforming the tribunal system and allowing appeals to higher courts could lead to more efficient and fair adjudication of disputes related to Waqf properties.

Controversies and Criticisms

Despite its intended benefits, the bill has faced criticism from various quarters:

Perceived Erosion of Autonomy: Some community leaders and organizations argue that the inclusion of non-Muslims in Waqf boards may dilute the Islamic character of these institutions and infringe upon religious autonomy.

Legal and Constitutional Debates: Critics contend that certain provisions of the bill might conflict with constitutional protections of religious freedom and property rights, leading to potential legal challenges.

Conclusion

The Waqf (Amendment) Bill, 2024, represents a significant effort to reform the management of Waqf properties in India. While it proposes measures to enhance transparency, inclusivity, and efficiency, the bill also raises important questions about religious autonomy, administrative feasibility, and legal coherence. As the bill undergoes further scrutiny and debate, it will be crucial to balance the objectives of reform with the concerns of the communities it aims to serve.

[trustednewstribune]

Ex-Waqf House Panel Chief Rahman Khan Criticizes New Waqf Bill, Welcomes Joint Committee Review

K Rahman Khan, a veteran Congress leader and former Union minority affairs minister, has raised significant concerns about the new Waqf Amendment Bill introduced by the Narendra Modi government. Khan, who led a Joint Parliamentary Committee on Waqf in the late 1990s and early 2000s, believes the new legislation could undo key reforms established by the Waqf Act of 1995 and its 2013 amendments.

Background and Concerns

The new Bill, introduced in the Lok Sabha, has sparked controversy and opposition from various quarters. Critics, including Khan, argue that the government has bypassed essential consultations with stakeholders, including the All India Muslim Personal Law Board (AIMPLB) and other organizations crucial to Waqf affairs.

In an interview with The Indian Express, Khan expressed his discontent with the lack of stakeholder engagement, noting that the previous amendments in 2013 were well-received by the Muslim community and addressed numerous issues related to Waqf properties. The 2013 amendments aimed to curb illegal encroachments and made them criminal offenses, improvements Khan feels are now under threat.

Key Issues with the New Bill

Khan outlined several major issues with the new Bill:

Reversal of Reforms: The proposed legislation seems to roll back the progress made by the 1995 Act and the 2013 amendments. Khan criticized the move to abolish Waqf Tribunals and the requirement for all Waqf properties to re-register, which he believes will lead to significant administrative challenges and potential exclusion of properties without formal deeds.

Impact on Waqf Boards: The Bill removes provisions that allowed Waqf Boards to independently register properties and introduces non-Muslims into Waqf Boards, which Khan argues is inappropriate for managing Muslim charitable and religious affairs.

Government's Stance and Future Review

The BJP argues that the Bill will increase transparency and ensure better representation of women in Waqf Boards. However, Khan disputes these claims, questioning the rationale behind including non-Muslims in Waqf Board management.

Despite his criticisms, Khan welcomed the decision to send the Bill to a Joint Committee of Parliament for detailed discussion. He views this as a positive step, allowing for a thorough examination of the Bill and ensuring that various stakeholders can present their perspectives before the legislation moves forward.

Khan’s comments highlight the ongoing debate over the Waqf Amendment Bill and underscore the need for comprehensive dialogue and consideration of all viewpoints before enacting significant changes to existing laws.

[buzz-london]

Book on what's on Temple Mount is on the linkedin page in the link above.

Let me take you to a short tour onto the Temple Mount, the very same location that the Palestinians and the whole Arab world behind them fight for. The same place that the bloody massacre of October 7th was called after: Al Aqsa Storm.

I am not a tour guide, and not an historian. So I will base my tour on "A brief guide to the Mountain Temple", published in 1925 by the Supreme Muslim Council, a.k.a. today as the Muslim Waqf.

Yes. You heard right. Published by the Muslim Waqf.

It says: "...The site is one of the oldest in the world. Its sanctity dates from the earliest (perhaps prehistoric) times. It's identity with the site of Solomon's Temple is beyond dispute. This, too, is the spot, according to the universal belief, on which "David built there an altar unto the Lord, and offered burnt offerings and peace offerings"... "

It further describes how Calif Omar occupied Jerusalem, repaired the neglected site and built the "Mosque of Omar".

The guide continues: "... Jerusalem was a holy city, to Moslems as well as to others... Crusaders occupied the Haram area (in 1099) and turned its monuments to different uses... In 1187 Saladin captured Jerusalem and drove the crusaders out... The Haram Area has remained in Moslem hands ever since...".

In the Dome of the Rock description chapter, 4 gates are mentioned: the West Gate, the Gate of Paradise, the South Gate, and... the Gate of David, Bab Daud. Also, it says, on the south side of the Dome of the Rock you can find Mahkamat Daud (i.e. Tribunal of David): "...this was a place of Judgement where verdicts were given by a miraculous chain. For as the legend has it, a chain was once suspended from heaven over this spot, to which it was the practice in Solomon's time to appeal in cases of conflicting evidence...".

Following that comes a description of the history, structure and beauty of Al Aqsa mosque. And then: The Substructures. "... South East corner of the Haram Area... staircase leads down to the vast subterranean substructures known as Solomon's Stables... The first flight of steps takes us down to the small chamber, now used as a place of Moslem worship, which was believed in medieval times to have been associated with Jesus Christ infancy... In the west wall of the chamber, a door opens into a staircase descending to Solomon's Stables...Little is known for certain of the early history of the chamber itself. It dates probably as far back as the construction of Solomon's Temple. According to Josephus, it was in existence and was used as a place of refuge by the Jews at the time of the conquest of Jerusalem by Titus in the year 70 A.D.. ".

Our tour ends now. It has been a pleasure. All credits go to the Supreme Muslim Council, the Waqf. Thank you! I rest my case. You wrote it yourself. We were here first.

[krazyshoppy]

गुजरात HC ने वक्फ ट्रिब्यूनल को भेजा नोटिस, जानिए- क्या है मामला

गुजरात HC ने वक्फ ट्रिब्यूनल को भेजा नोटिस, जानिए- क्या है मामला

Gujarat HC: गुजरात हाईकोर्ट ने सोमवार को अदालत की अवमानना ​​याचिका पर गुजरात राज्य वक्फ ट्रिब्यूनल के अध्यक्ष और दो सदस्यों को एक नोटिस जारी किया. अर्जी में आरोप लगाया गया है कि ट्रिब्यूनल ने हाईकोर्ट के स्टे के बावजूद आदेश पारित किया. एक वकील शकील कुरैशी के अनुसार, मामला खंभात में 4 एकड़ जमीन का है जो मूल रूप से इलाके के तत्कालीन नवाब का था.  क्या है पूरा मामला? नवाब ने जमीन पर एक धार्मिक संरचना…

[harvardfineartslib]

Middle East Medievalists (MEM,) an association of scholars promoting the study of medieval Middle East awarded its Lifetime Achievement Award to our former colleague, András Riedlmayer for his service as librarian and archivist at Harvard and his work cataloging crimes against cultural heritage in the Balkans, including testifying in international war crimes tribunals against Slobodan Milošević. We are so proud of András!

For those of you who are not familiar with András lifework on documenting crimes against cultural heritage in the Balkans, you can listen to the interview on Ottoman History Podcast. https://www.ottomanhistorypodcast.com/2017/03/balkan-waqf.html

The destruction of Ottoman-era waqf institutions and other cultural heritage in the Balkans during the wars of the 1990s was extensive, from masjids and tekkes to bridges and libraries. A bibliographer at Harvard's Fine Arts Library, András Riedlmayer, traveled throughout the region to document this destruction during and after the wars. In this podcast, Riedlmayer describes his work on waqf institutions in the Balkans and his testimonies about the destruction of culture for international war tribunals over the last two decades. We discuss the fate of antiquities during wars and the ethical implications for historians, collectors and museums. (From Ottoman History Podcast: Documenting the Destruction of Balkan Waqf Institutions, Episode 305)

Image 1: András testifying at the International Court of Justice in March, 2006 (Photo courtesy of András Riedlmayer)

Image 2: Carralevë, Kosovo. Inside the burned-out village mosque, October 1999. Torn and desecrated pages from Qur’ans and religious books in the aftermath of the Kosovo war. (Photo courtesy of András Riedlmayer)

[creepingsharia]

Illinois: Circuit judge candidate in DuPage County has Muslim Brotherhood ties

Azam Nizamuddin was counsel for Islamic group designated by the DOJ as an unindicted co-conspirator in the largest terrorist financing case in America history, and is still an executive at one of the group’s subsidiaries.

By Hesham Shehab

Early October, the president of Muslim Bar Association of Illinois, Dr. Azam Nizamuddin, announced that he is the Democratic candidate for the position of circuit judge in Dupage County, Illinois's second-most populous county, in 2020.

As a lawyer with twenty years of experience, adjunct professor of theology, and interfaith activist, Nizamuddin may sound like the perfect candidate for the job, but his background also raises some concerns.

In 2015, Nizamuddin was appointed general counsel and deputy executive director of North American Islamic Trust, Inc. (NAIT).  Nizamuddin also serves as chief compliance officer for NAIT's for-profit subsidiary, Allied Asset Advisors (AAA).

NAIT describes itself as "a waqf," the historical Islamic equivalent of an American trust or endowment, serving Muslims in the United States and their institutions.

NAIT was established in 1973 in Indiana by the Muslim Students Association of U.S. and Canada (MSA).  The Muslim Students Association was founded in 1963 by members of the Muslim Brotherhood, and Brotherhood members dominated its founding and leadership, according to former U.S. Muslim Brotherhood Executive Committee masul (leader) Zeid Noman in a taped lecture acquired by the FBI.

In 2004, the Chicago Tribune reported on NAIT's  role in an effort by Muslim Brotherhood members to successfully seize control of the once moderate Bridgeview Mosque, now known as the Mosque Foundation.

In 2007, the Justice Department designated NAIT as an unindicted co-conspirator in the largest terrorist financing case in America history, U.S. v. Holy Land Foundation, which resulted in convictions and imprisonment of several U.S.-based Hamas terrorist leaders.

Court records detailed how money flowed through NAIT financial accounts to Hamas.  In the same exhibits from the trial, the Justice Department lists NAIT among "members of the US Muslim Brotherhood," alongside NAIT's parent organization, the Islamic Society of North America (ISNA).

Nizamuddin was also a sponsor of the Council on American Islamic Relations (CAIR) Chicago's 8th annual banquet.  CAIR is strongly connected to the Muslim Brotherhood according to federal prosecutors and was also listed among "unindicted co-conspirators and/or joint-venturers" in the Holy Land Foundation case along with NAIT.

In CAIR's, ISNA's, and NAIT's repeated appeals to the U.S. government to remove their names from the co-conspirators list, a federal judge ruled that the government had provided "ample evidence" at trial for tying CAIR, ISNA, and NAIT to Hamas and the Muslim Brotherhood.  CAIR has subsequently been blacklisted as a terrorist group by the United Arab Emirates. Nizamuddin also served as the co-chair of the interfaith committee of the Council of Islamic Organizations of Greater Chicago (CIOGC), which was co-founded by former NAIT chairman and Muslim Brotherhood leader Bassem Osman.  Osman remains the president and portfolio manager of AAA.

Nizamuddin has connections to other Islamist-linked organizations outside those historically affiliated with the Muslim Brotherhood as well.  Nizamuddin served on the board of directors and as general counsel for the Niagara Foundation, a charity associated with Turkish Islamist cleric Fetullah Gülen.

In a 2013 Facebook post, Nizamuddin described Gülen, living in exile in the U.S., as "the most important peace advocate and religious leader you have never heard of."  In 2014, Nizamuddin did a video praising the Gülenist movement.  While Gülen poses as working for world peace and democracy, U.S. State Department cables, divulged by WikiLeaks, described the Turkish preacher as "a 'radical Islamist' whose moderate message cloaks a more sinister and radical agenda."  In Turkey, Gülenists were known for their extended penetration of police and judiciary services prior to a purge of the judiciary following the 2016 coup attempt.

Gülen's U.S.-based charities, including the Niagara Foundation, have been accused of serving as fronts for a campaign of influence by offering all-expense-paid trips for state and local lawmakers, and former Niagara Foundation executive director Kemal Oksuz was convicted for his role in a scheme to illegally fund a congressional trip to Azerbaijan as part of an effort to influence lawmakers.

Nizamuddin's affiliations with Brotherhood-linked groups like NAIT and Gülen-linked groups is interesting, since American Brotherhood groups have increasingly sided with Turkish authoritarian president and Islamist Recep Tayyip Erdoğan during his campaign to suppress Gülen's movement after the two, previously allies, had a falling out. Nizamuddin's associations with groups linked to terror finance and influence-peddling should raise genuine concerns for Dupage County voters.  Voters have a right to ask to what extent Nizamuddin shares the Islamist views of the groups he is affiliated with and whether these views will impact his position on the court.  This is especially true given his connection to a group with a documented history of political corruption.

Will media outlets identify these connections for voters and ask Nizamuddin how these affiliations will affect his role on the bench?

[werindialive]

Opposition vs Government: The Battle Over the Waqf Bill 2024

The Centre is set to introduce the Waqf (Amendment) Bill, 2024, in Parliament today, marking a significant moment in the ongoing political tussle between the ruling National Democratic Alliance (NDA) and the Opposition INDIA bloc. The Bill, which seeks to overhaul the administration and management of Waqf properties in India, has drawn widespread criticism from Muslim organizations and the Opposition, making it a key point of contention.

Key Provisions and Controversies

According to the government, the Bill aims to address shortcomings in the existing Waqf Act by refining the definition of Waqf, improving the registration process, and incorporating technology for better management of Waqf records. However, several provisions in the Bill have sparked backlash.

Some of the most debated clauses include:

· Allowing a non-Muslim to be appointed as the Chief Executive Officer (CEO) of a Waqf board.

· Mandating the inclusion of at least two non-Muslim members in state Waqf boards.

· Granting District Collectors the authority to determine the ownership of disputed properties.

· Eliminating the long-standing concept of “Waqf by user.”

· Requiring all Waqf properties to be registered in a central database within six months of the law’s enactment.

· Removing the provision that made the Waqf tribunal’s decision final.

These changes have led to protests from Muslim groups, including the All India Muslim Personal Law Board (AIMPLB), which has accused the government of diluting the autonomy of Waqf boards and interfering with religious trusts.

Political Firestorm and Opposition Strategy

The Bill has been a major flashpoint in Parliament since its introduction last year. It was sent to a Joint Parliamentary Committee (JPC) led by BJP MP Jagadambika Pal for review, but the committee’s proceedings were marred by heated debates. Opposition MPs claim their proposed amendments were summarily dismissed, and their dissenting notes were allegedly redacted from the final report.

The committee accepted 14 amendments suggested by NDA members while rejecting all 44 proposed by the Opposition. This has fueled accusations that the government is pushing the Bill through without due consideration of dissenting voices. The panel’s proceedings were further disrupted when TMC MP Kalyan Banerjee was suspended for a day for allegedly smashing a bottle on the table in protest.

Six Opposition MPs, including Asaduddin Owaisi (AIMIM) and Sanjay Singh (AAP), wrote to Lok Sabha Speaker Om Birla, accusing the panel of “bulldozing” the process. “The

parliamentary committee should not be treated as a mere rubber stamp for government policies,” they stated in their letter.

Numbers Game: Will the Bill Pass?

With a comfortable majority in the Lok Sabha, including support from allies TDP and JD(U), the NDA is expected to pass the Bill with ease. The Rajya Sabha, where the NDA has 125 MPs in a House of 245, also appears to be in favor of the Bill, with the coalition needing 118 votes for passage.

While the BJP has issued a whip to all its Lok Sabha MPs to ensure full attendance, the Opposition INDIA bloc held a strategy meeting on Tuesday evening to coordinate their response. Among non-aligned parties, YSR Congress Party (YSRCP) has declared its opposition to the Bill, along with AIMIM’s Asaduddin Owaisi and Aazad Samaj Party’s Chandrashekhar Azad.

A High-Stakes Political Battle

The Waqf Bill, 2024, has turned into a defining moment for the NDA and INDIA bloc’s political battle, with each side framing the issue in starkly different terms. While the government insists the Bill is a necessary reform to modernize Waqf management, the Opposition sees it as an attack on minority rights and an attempt to weaken the role of Waqf boards.

With the Bill set to be tabled today, all eyes are on Parliament as both sides brace for what promises to be a fiery debate. The outcome of this legislative battle could have far-reaching political and electoral implications as India moves closer to the next general elections. To read political news in Hindi, subscribe to our newsletter!

[postolo]

NCDRC’s pecuniary jurisdiction involves consideration plus compensation; no presumption that NRIs purchase property to sell for profit

National Consumer Disputes Redressal Commission (NCDRC): The complainant is a Non-Resident Indian (“NRI”) residing in the USA. He booked a flat with the respondent which was duly allotted to him in August 2007. The agreement between the parties stated that the flat shall be delivered within three years of the allotment and a three-month grace period in case of force majeure subject to regular payment of instalments to the respondent. The flat booked was for a consideration of Rs. 98,13,760 of which Rs. 76,48,940 was paid by the complainant before he learnt that despite the expiry of the stipulated time period, no progress except a basic structure had been set up. He claimed a refund of deposited money with 18% interest. When the respondent failed to do so, the complainant approached the National Consumer Disputes Redressal Commission (“NCDRC”) claiming deficiency in service and unfair trade practices.

The respondent made a three-pointed objection to the same:

1. The NCDRC does not have pecuniary jurisdiction over this issue as it can only entertain complaints which involve a sum exceeding Rs. One crore.

2. Since the complainant is an NRI, he would have no intention of residing in the said property and would only sell it further for profit, hence he does not qualify as a ‘consumer’.

3. The delay in construction was due to force majeure as a stay order on the construction was passed by the High Court of Judicature at Hyderabad (“the High Court”), an interim stay order by the Andhra Pradesh Waqf Tribunal (“Tribunal”), and another order by the Tribunal restraining the respondent from alienating part of the property. These impediments could only be removed after an SLP filed in the Supreme Court vacated the stay and the construction was resumed.

The NCDRC referred to its previous decision in Ambrish Kumar Shukla v. Ferrous Infrastructure Pvt. Ltd., 2016 SCC OnLine NCDRC 1117 where it was held that “[I]t’s the value of the goods or services and the compensation, if any, claimed which determines the pecuniary jurisdiction of the Consumer Forum.”

In the case at hand, the complainant had claimed a refund of the amount already deposited, i.e. Rs. 76,48,940 with 18% interest as compensation, which, in total, would amount to a sum above Rs One crore and hence would fall within the pecuniary jurisdiction of the NCDRC under S. 21(a) of the Consumer Protection Act, 1986 (“the Act”).

The NCDRC also held that the Act makes no distinction between resident citizens of India and NRIs and the presumption that the complainant would only sell the fat for profit was not founded on any logic.

With regard to the force majeure argument, the NCDRC observed that over six years had passed since the stay had been vacated and if the respondent actually had any intention of delivering the possession of the flat, he could have done so within two years from the date of the vacation of the stay. Since he did not do this, he cannot use the defence of force majeure to escape his liability for delay.

The NCDRC also expressed disapproval towards clauses in the sale agreement which provided measly compensation in case of delay and no interest if the buyer himself cancelled the contract as these oppressive conditions would give undue advantage to the builder. Hence the complaint was allowed and the respondent was direct to repay the amount advanced by the complainant with 10% interest. [Ram Balakrishnan v.  Somitri Das, Consumer Case No. 236/2011, decided on 24.05.2018]

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[firstlawindia]

Waqf Act; P.K. Jamaludeen Vs. Chettuva Mahal Jama-Ath Committee [Kerala High Court, 05-06-2017] Waqf Act, 1995 - S. 83 (9) - A cryptic order passed by the Waqf Tribunal suffer from vice of arbitrariness - Since giving of reasons is an essential element of administration of justice, such an order passed by the Waqf Tribunal must speak on its face - the impugned orders of the Tribunal, which do not disclose any reason whatsoever to vacate the order of stay and for permitting the Committee to lease out the properties in question as per the Lease Rules, cannot be sustained.

[balkikhalnews]

Waqf Bill based on recommendations of 2006 panel: Bindal - The Tribune

State BJP president Rajeev Bindal today said that the Waqf Amendment Bill was based on the recommendations of a committee set up in 2006 to look into reforms required in the law. In a statement issued here, Bindal said that the proposed amendment Bill should be looked at objectively as it was for the betterment of the Waqf Board. “A committee set up in 2006 had presented a report recommending…

[tngovernmentjobs]

TN wakf board tribunal Jobs 2017 http://www.tngovernmentjobs.in/2017/02/Tamilnadu-BC-MBC-Minorities-Welfare-Department-Recruitment-for-Member-Post-inTamilnadu-WAQF-Tribunal-Chennai.html #tngovernmentjobs #waqf #wakf #law #tamilnadu #chennai