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LEGAL MATTERS

LEGAL DEPARTMENT

Divide the Legal Issues into 2 Divisions.

        1. Committee Matters

        2. Property Matters

The focus here is to make sure the property matters are catered to on time with utmost Legal knowledge and sensitivity of the issue need to be dealt with keeping the local musallis in mind & trying to resolve the issues at the earliest so that the day to day affairs of  the management are resolved making way for functioning committee represented by the Locals.

CHAPTER-VIII CONSTITUTION OF TRIBUNALS, ETC.

82.            The State Government shall provide grants and other facilities for the smooth 

functioning of the Tribunals. 

83.            Appointment of members and functioning of tribunals.- 

(1)             The Government of Karnataka shall in consultation with the High Court of Karnataka. appoint or depute one person as Chairman to the Tribunal having qualification prescribed under clause (a) of sub-section (4) of section 83. 

(2)             The State Government shall appoint or depute one person as Member to the Tribunal having qualification prescribed under clause (b) sub-section (4) of section 83. 

(3)             The State Government shall appoint or depute one person as Member to the Tribunal. having qualification prescribed under clause (c) of sub-section (4) of section 83 from any of the recognized Indian Universities who shall not be below the rank of Assistant Professor or r a practicing Advocate who has at least 20 years of practice or a retired Civil Service Officer having proficiency in the field of Auqaf.

(4)             For removal of any doubts, at any given time the vacancy of the Members of the Tribunal is not filled or any Member other than the Chairman remains absent, the Chairman of the Tribunal shall be competent to function. 

(5)             The salary, allowances and service conditions of the Members shall be as admissible in their respective departments. They are also entitled to deputation allowance as per the Karnataka Civil Service Rules. The salary, allowances and service conditions of a practicing Advocate and retired Civil Service Officer shall be as determined by the Government from time to time. 

(6)             The State Government shall appoint such number of staff commensurate with the requirement of the Tribunal. 

84.       Language of tribunal. The Language of the Tribunal shall be English and Kannada. However, the final judgment shall be in English.

 

85.            Form of applications/suits/appeals.

(1) All applications to be filed before the 

Tribunal under the provisions of the Act including applications for determination of any dispute, question or other matter under sub-section (1) of section 83 shall be filed in Form 113.

(2) Every plaint or memorandum of appeal to be filed before the Tribunal shall be in the Form as has been prescribed in the Code of Civil Procedure and Civil Rules of Practice. 

(3) Every such Application, Suit or Appeal shall be presented in person, or by his duly authorized agent or advocate, before the registry of the Tribunal.

 

86.      Form of application/plaint/appeal for interim orders.  Every application for Interim Orders in a suit or other proceeding before the Tribunal shall be supported by an affidavit.

87.    Court fee.

(1) Every Application, Plaint or Memorandum of Appeal or an Application for Execution or other Application shall be accompanied by Court fee notified by Government under the Karnataka Court Fees and Suits Valuation Act, 1958.

(2) No Notice, summons or other process of the Tribunal shall be issued, and no such application for certified copies or orders, documents or other records shall be granted unless the fee as specified is remitted.

88.   Scrutiny of application, plaint, and memorandum of appeals.-

(1) In every proceeding before the Tribunal copies of Application, Plaint or Memorandum of Appeal shall be filed in sufficient numbers, for service to all the opponents.

(2) The Registry of the Tribunal shall after scrutiny of the Application, Plaint or Memorandum of Appeal prepare a check list noting the infirmities to be rectified.

 

(3) If on scrutiny the Application, Plaint or Appeal is found to be in order, it shall be duly registered in the register of Application or Suits or Appeals, the case may be, in the Form prescribed in Karnataka Civil Rules of Practice 1967 and given a serial number.

(4) If the Application, Suit or Appeal is found to be defective, the Registry shall allow the party to rectify the defects within a time to be specified by him. If the party fails to rectify the defects. within such time allowed, the Registry shall place the matter before the Waqf Tribunal for appropriate orders. 

(5) The Sheristedar/Registrar is competent to administer oath of affirmation.

89.       Documents.-

(1) All documents produced before the Tribunal at the time of filing or in the course of hearing of an Application, Suit or Appeal shall be filed duly indexed along with list of documents. 

(2) Such documents should be legible and in the typed form if required. (3) If the document filed is in a language other than that of English, its translation in English may be furnished if so directed by the Tribunal. 

90.             Service of notices.   Every notice to Defendants/Respondents in Application/Suit/ Appeal shall be sent and served through Registered Post Acknowledgement Due or through recognized courier. Where the Tribunal is satisfied that there are reasons to believe that the defendant/respondent is avoiding service of such notice or where such notice cannot be served in ordinary manner for any other reason, the Tribunal shall order service of notice as per the provisions of Order 5 of rule 20 of Code of Civil Procedure, 1908. 

91.        Sitting of the tribunal.   The Tribunal shall ordinarily hold its sitting on every working day from 10:30 am to 1:30 pm and from 2:30 pm to 4:45 pm.

92.            Hearing and disposal.   Every Application, Suit or Appeal and Interlocutory Application filed before the Tribunal shall be heard and disposed off in accordance with the procedure prescribed for hearing of Applications, Suits, Appeals and Interlocutory Applications in the Code of Civil Procedure, 1908 and the Karnataka Civil Rules of Practice, 1967.

93.            Certified copies.   Certified copies of any order, judgment, decree, proceeding or document marked as exhibits may be obtained by the parties to the proceedings on payment of such fee as specified by the Government. The provisions of Chapter 23 of the Karnataka Civil Rules of Practice, 1967 shall apply for issue of the certified copies.

94.            Execution of orders under sub-section (8) of section 83:  A party to the proceeding seeking enforcement of any decision of the Tribunal except orders passed under sub-section (4) of section 54 of the Act, shall apply to the Tribunal along with a certified copy of the order for its execution and the same shall be executed as per sub section (8) of section 83 of the Act.