Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Wakf Act 1954-Sections 6 and 5 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Wakf Act, 1954-Sections 6 and 5-Dispute regarding wakfs-Limitation to file suits-Word "therein" appearing in sub-section(1) of S. 6-Meaning and construction of-Matter remitted to High Court for fresh consideration in view of the earlier decisions of this Court on this aspect, the factual position and reliefs sought for in the instant suit-Wakf Act, 1995-Section 83(a), proviso. Appellants filed application before the State Wakf Tribunal seeking declaration that the suit property specified in the Official Gazette (wakf list) was not a wakf property, but exclusively belonged to them. State Wakf Board resisted the claim contending that the applicants had no title and that in any event the application was barred by time, being not filed within one year from the date of publication in the Official Gazette as contemplated under S.6 of the Wakf Act, 1954, which was in force at the relevant time. The Tribunal allowed the application over-ruling the objections raised by the Wakf Board. Wakf Board filed revision application in terms of proviso to Section 83(a) of the Wakf Act, 1995 which in the meanwhile had been enacted. High Court held that the application filed by the Appellants before the State Wakf Tribunal was barred by time. In appeal to this Court, it was submitted that the High Court erred , in holding that the application made by Appellants before the Tribunal was barred by time, as S.6 had no application to the facts of the present case. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 2 |
Petitioner | Abdul Rais And Ors. |
Respondent | Madhya Pradesh Wakf Board And Ors. |
SCR | [2005] 1 S.C.R. 1 |
Judgement Date | 2005-01-03 |
Case Number | 1 |
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