Service Regulations of the Islamic Foundation

Regulations 43, 44, 45

The enquiry committee conducted its enquiry without following provisions of the concerned regulations or the principle of natural justice as stated above obviously this report has got no legal validity.

Since it appears that the penalty of compulsory retirement was imposed upon the petitioner without following the provisions of the Service Regulations, specially regulations 43 and 44, and also in violation of the principle of natural justice, the order imposing the penalty of compulsory retirement cannot be allowed to stand…......(14-15) 

Waqf Ordinance, 1962; Section 50

Code of Civil Procedure, 1908; Order VII, rule 11,

Provisions of waqf ordinance —

Section 50 of the Waqf Ordinance has been inserted in the enrolment chapter. Specific Provisions have made regarding the person, property, time and manner in which the enrolment is to be made and in this con­text section 50 authorises the Administrator to decide the question whether a particular prop­erty is waqf property or not and the order made by the Administrator under this section is subject to challenge by the District Judge in the manner as contained in section 35 as all the provisions of section 35 have been made applicable to an order made under this section which means that an order made by the Administrator is liable to challenge before the District Judge and any order made by the District Judge is appealable to the High Court, whose decision will be the final………(11)

It is a well-accepted principle of interpretation that where different language is used in the same statute different intention is to be presumed unless there is in the context anything to hold to the contrary……………..(15)

Appellate Division held that even after filing of written statement application for rejection of the plaint can be filed. Although this is not sound preposition as application for rejec­tion of plaint can be filed at any stage of the suit but when written statement is filed it is to be taken that suit has merit to proceed. It is settled also that application for rejection of plaint is to be filed within earliest opportunity. 'Earliest' do not mean after thought, after filing written statement and after framing of issues. When defendant appeared in the suit, he appeared with the knowledge of plaint case as such defendant having all the knowledge of plaint should decide whether to bury the suit at earliest opportunity, not denying the plaint case and making out a case of real or actual fact. Early means, at or near the beginning of a period……… (17) 

Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree

The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was extinguished…….(10)

In the present case the plaintiff's equity of redemption was extinguished for his own default to pay arrear rent and there is no evidence to show that the mortgaged property was collusively or fraudulently sold out for any default of the mortgagee………..((10)

The mortgagee or his heirs had not undertaken any obligation to pay arrear rent for which the land was sold in a rent sale and there was no evidence to show that the suit property was sold in the execution of a rent decrees because of any default or any collusion of the mortgagee or their heir………….(12)