HAZRAT SYED SHAH MASTERSHID ALI AL QUADARI vs THE COMMISSIONER OF WAKFS, WEST BENGAL.

The Supreme Court ruled that under Section 40 of the Bengal Wakf Act, 1934, the Commissioner has the authority to appoint a temporary Mutawalli, provided that such powers have been delegated by the Board as per Section 29. The Court held that the rules framed by the Government cannot restrict the Board's ability to delegate its functions, and once delegation occurs, the rules no longer apply. The Court emphasized that when power and duty are intertwined, the delegation of power includes the associated duties.