NDLI: Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Wakfs – Wakf Act 1995
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Wakfs – Wakf Act, 1995 – Bombay Public Trust Act, 1950 – Public Trust vis-à-vis Wakf – Distinction between a public Trust and a Wakf – Discussed – Held: What was once a Wakf before the 1950 Act, if it is registered under the 1950 Act, with the commencement of the Act, such a public Trust would necessarily come under the ambit of the Wakf Act, 1995 – There are public Trusts registered under the 1950 Act which are in fact, Wakf which fall under s. 28 of the 1950 Act – They must come within the regime of the Central Act viz., the Wakf Act, 1995 – Conversely, a Muslim Public Trust registered under the 1950 Act need not be a Wakf under the Act – It would be certainly contrary to the unbroken line of Supreme Court judgments which contemplate such a division between two categories to paint all Muslim public Trusts with the same brush and glean them as Wakfs – While it is open to a Muslim to create a Wakf and ordinarily, there would be the prospect of a reward for dedicating property by way of Wakf, it would be entirely left to a Muslim to take a decision as to whether he should adopt the device provided by an English Trust or make the familiar dedication by way of Wakf – As to whether an institution is a Wakf or a public Trust is a mixed question of fact and law – This means it becomes a duty of whosoever upon whom the duty falls, to ascertain whether it is either and to carefully attend to the terms of the document by which the Trust is evidenced if there is such a document and find the facts and thereafter the law must be applied – It is a matter to be tested on a conspectus of various features and after complying with the law as to whether what is registered as a public Trust is, in fact, a Wakf or not – All public Trusts which have been registered by way of a deeming provision u/s. 28 of the 1950 Act will necessarily have to be treated as Wakfs – This is on the principle that once a Wakf is created unless it be a case where the title is extinguished by way of exercise of power of eminent domain by the State, the title of the Almighty though by implication cannot cease.Wakf Act, 1995 – Wakf – Constituent elements of – Held: The first indispensable requirement is that there must be dedication – Dedication must be by a person who is the owner of the property – Dedication must be permanent – Permanent means that it cannot be for a period of time; it must be perpetual – A Wakf can be created by a Will also – When a Wakf is created by a Will it is open to the Wakif to revoke the will prior to his death – Save as aforesaid, a Wakf cannot be revoked – A Wakf, again meaning the property which is the subject matter of a Wakf cannot be alienated – The object of the Wakf must be such that it is approved by the Muslim law – The object must be religious, pious or charitable – It is not a concept of piety religiousness or the charitable nature in the eyes of the entire world but what is in consonance with Muslim law – There is no prescribed mode of dedication – A Wakf need not be in writing – As far as declaration is concerned, it can be inferred from conduct – A Wakf, as defined includes Wakf by user – A Wakf can be created for attaining a public utility – The public utility must, however, be for an object sanctioned by Muslim law – Subject to said conditions, irrespective of whether the beneficiaries are Muslims or not, there could be a valid Wakf.Wakf Act, 1995 – s. 4 – Survey under the Act – Held: The making of survey is not a mere administrative act but it is to be informed by a quasi-judicial inquiry – Also, the surveyor has the power to find whether a particular institution is a Wakf. Constitution of India, 1950 – Art. 226 – Power under – Exercise of – Effect of alternate remedy – Held: Article 226 confers a jurisdiction or a power on the High Courts – It is a power under the Constitution – While a statute may provide for an alternate forum to which the High Court may relegate the party in an appropriate case, the existence of an alternate remedy by itself cannot exclude the jurisdiction of the High Court under the Constitution.
Judge	Hon'ble Mr. Justice Hrishikesh Roy Hon'ble Mr. Justice K.M. Joseph
Neutral Citation	2022 INSC 1127
Petitioner	Maharashtra State Board Of Wakfs
Respondent	Shaikh Yusuf Bhai Chawla & Ors.
SCR	[2022] 12 S.C.R. 482
Judgement Date	2022-10-20
Case Number	7812

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

Please Log-in to view this content

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

State of Andhra Pradesh (now State of Telangana) Vs. A. P. State Wakf Board & Ors.

Rajasthan Wakf Board Vs. Devki Nandan Pathak & Ors.

Telangana State Wakf Board & Anr. Vs. Mohamed Muzafar

T. Kaliamurthi & Anr. Vs. Five Gori Thaikal Wakf & Ors.

P. V. Nidhish & Ors. Vs. Kerala State Wakf Board & Anr.

The A.p. State Wakf Board Hyderabad Vs. All India Shia Conference (branch) A.p. and Ors.

Bhanwar Lal & Anr. Vs. Rajasthan Board of Muslim Wakf & Ors.

Board of Wakf, West Bengal Vs. Anis Fatma Begum and Anr.

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

Please Log-in to view this content

Similar Documents

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.

State of Andhra Pradesh (now State of Telangana) Vs. A. P. State Wakf Board & Ors.

Rajasthan Wakf Board Vs. Devki Nandan Pathak & Ors.

Telangana State Wakf Board & Anr. Vs. Mohamed Muzafar

T. Kaliamurthi & Anr. Vs. Five Gori Thaikal Wakf & Ors.

P. V. Nidhish & Ors. Vs. Kerala State Wakf Board & Anr.

The A.p. State Wakf Board Hyderabad Vs. All India Shia Conference (branch) A.p. and Ors.

Bhanwar Lal & Anr. Vs. Rajasthan Board of Muslim Wakf & Ors.

Board of Wakf, West Bengal Vs. Anis Fatma Begum and Anr.

Maharashtra State Board of Wakfs Vs. Shaikh Yusuf Bhai Chawla & Ors.