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march 1965

Supreme Court of India · 1965-03-08

FAZLUL RABBI PRADHAN vs STATE OF WEST BENGAL

Citation / case number
SC 1964/90423
Court
Supreme Court of India
Petitioner
FAZLUL RABBI PRADHAN
Respondent
STATE OF WEST BENGAL
Bench
HIDAYATULLAH

Judgment text excerpt

The Supreme Court held that the appellants, as mutawallis of wakfs, were not entitled to protection under Section 6(1)(i) of the West Bengal Estates Acquisition Act, 1953, as the purposes of the wakfs included secular and family endowment elements, which do not qualify as exclusively charitable or religious. The Court emphasized that the Act's provisions apply irrespective of other laws or customs, and the definition of 'charitable purpose' does not extend to private gifts or family provisions. Consequently, the appeals were dismissed, affirming the lower courts' decisions.

FAZLUL RABBI PRADHAN vs STATE OF WEST BENGAL · Niyam