Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Haryana Wakf Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Haryana Wakf Act, 1995 - s. 7 r/w s. 85 - Interpretation of- Jurisdiction of the Tribunal (constituted under the Act) toC determine disputes regarding wakfs - Held: In respect of thequestions! disputes mentioned in sub-section (1) of s. 7,exclusive jurisdiction vests with the Tribunal, havingjurisdiction in relation to such property; (ii) Decision of thetribunal thereon is made final; (iii) Jurisdiction of the Civil Courtis barred in respect of any dispute/ question or other matterrelating to any wakf, wakf property for other matter, which isrequired by or under this Act, to be determined by a tribunaliv) There is however an exception made u/s. 7(5) viz., thosematters which are already pending before the Civil Court, even if the subject matter is covered u/sub section (1) of s.6, theCivil Court would continue and the tribunal would not have thejurisdiction to determine those matters - Present suit wasinstituted in the year 2000 i.e. after the Act came into force -Therefore, the present case not covered by exception to s. 7(5) of the Act - On a plain reading of s. 7 rlw s. 85, it is manifestthat wherever there is a dispute regarding the nature of theproporty, namely whether the suit property is Wakf property ornot, it is the Tribunal constituted under the Wakf Act, whichhas the exclusive jurisdiction to decide the same. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2013 INSC 768 |
Petitioner | Haryana Wakf Board |
Respondent | Mahesh Kumar |
SCR | [2013] 12 S.C.R. 596 |
Judgement Date | 2013-11-21 |
Case Number | 10947 |
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