JUDICIAL PROCEEDINGSCentral

Section 85 of The Waqf Act, 1995

No suit or other legal proceeding shall lie in any 1[civil court, revenue court and any other authority] in respect of any dispute, question or other matter relating to any 2[waqf], 2[waqf] property or other matter which is required by or under this Act to be determined by a Tribunal.

Summary

Regular civil courts and tax courts are strictly prohibited from hearing cases that belong in the special waqf court.
No other government authority can interfere in disputes that the special court is supposed to decide.
This rule creates a clear boundary to prevent different courts from giving conflicting orders.
It ensures that only the specialized members of the Tribunal handle complex religious property laws.

Practical examples

1Bilal tries to file a lawsuit about a waqf school in a standard city civil court. The judge tells him that under Section 85 of the Waqf Act, the civil court has no power to hear the case and he must go to the special Tribunal.

2A local tax officer tries to settle a boundary dispute between two waqf properties. The property manager points out that Section 85 of the Waqf Act bars any "other authority" from deciding such matters.

FAQ

1. Can a regular civil court hear a waqf dispute under Section 85 of the Waqf Act, 1995?

No, Section 85 of the Waqf Act, 1995, explicitly bars civil courts from hearing any matter that is required to be determined by the special Tribunal.

2. Does Section 85 of the Waqf Act, 1995, apply to revenue courts?

Yes, Section 85 of the Waqf Act, 1995, states that no suit or legal proceeding shall lie in any revenue court regarding these matters.

3. What is the main purpose of Section 85 of the Waqf Act, 1995?

The main purpose of Section 85 of the Waqf Act, 1995, is to ensure that all waqf disputes are handled only by the special Tribunals and not by regular courts.

Test yourself

Q1.Which of these is barred from hearing waqf disputes under Section 85 of the Waqf Act, 1995?

Q2.Under Section 85 of the Waqf Act, 1995, where must a person go for a dispute that the special court is required to determine?

Q3.If a civil court ignores Section 85 of the Waqf Act, 1995, and passes an order, what is the status of that order?

Q4.Combined with Section 83, why does Section 85 of the Waqf Act, 1995, bar other courts?

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