NDLI: Punjab Wakf Board Vs. Sham Singh Harike

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Jurisdiction of Wakf Tribunal 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 Referred Case 6 Referred Case 7 Referred Case 8
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Wakf Act, 1995 : s.83 – Jurisdiction of Wakf Tribunal to entertain suit – Held: The constitution of Wakf Tribunal is for the determination of any dispute, question or other matter relating to wakf or wakf property under the Act, 1995 – s.83 relates to bar of jurisdiction of Civil Court, the relevant words are “any dispute,question or other matter relating to a wakf or wakf property” which is required by or under this Act to be determined by the Tribunal –Thus, bar of jurisdiction of Civil Court is confined only to those matters which are required to be determined by the Tribunal under this Act – When issue in the suit is as to whether suit property is Wakf property or not, it is covered by specific provision of ss.6 and7 of the Act, 1995, therefore, it is required to be decided by the Tribunal under s.83 and bar under s.85 shall come into existence with regard to jurisdiction of Civil Court. Wakf Act, 1995: s.6(1), proviso – List of Wakf property published under s.5 – Who has right to dispute and the limitation period – Held: The provision contained in proviso to s.6(1) that no such suit shall be entertained by the Tribunal after the expiry of one year from the date of the publication of the list of Wakfs shall be applicable to every person who though not interested in the Wakf concerned, is interested in such property and to whom a reasonable opportunity had been afforded to represent his case by notice served on him in that behalf during the course of the relevant inquiry under s.4 – When s.6 sub-section (1) provides for raising a dispute regarding Wakf property in a period of one year, it applies to every person who wants to dispute the list except those who have been not served notice under s.4(1) of the Act.Disposing of the appeals, the Court
Judge	Hon'ble Mr. Justice Ashok Bhushan
Neutral Citation	2019 INSC 157
Petitioner	Punjab Wakf Board
Respondent	Sham Singh Harike
SCR	[2019] 2 S.C.R. 61
Judgement Date	2019-02-07
Case Number	92

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