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november 2010

Supreme Court of India · 2010-11-23

Board Of Wakf, West Bengal vs Anis Fatma Begum & Anr

Court
Supreme Court of India
Petitioner
Board Of Wakf, West Bengal
Respondent
Anis Fatma Begum & Anr
Author
Markandey Katju
Bench
Gyan Sudha Misra, Markandey Katju

Judgment text excerpt

The Supreme Court held that disputes related to Wakf properties must be adjudicated by the Wakf Tribunal as per Section 83 of the Wakf Act, 1995, and not by Civil Courts or the High Court under Article 226 of the Constitution of India. The Court found that the Division Bench of the Calcutta High Court erred in entertaining the suit, thereby affirming the jurisdiction of the Wakf Tribunal for such matters. Consequently, the appeal was allowed, reinforcing the exclusive jurisdiction of the Wakf Tribunal over Wakf disputes.

Board Of Wakf, West Bengal vs Anis Fatma Begum & Anr · Niyam