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november 2010

Supreme Court of India · 2010-11-23

BOARD OF WAKF, WEST BENGAL vs ANIS FATMA BEGUM

Citation / case number
SC 2003/18440
Court
Supreme Court of India
Petitioner
BOARD OF WAKF, WEST BENGAL
Respondent
ANIS FATMA BEGUM
Author
Markandey Katju
Bench
MARKANDEY KATJU,GYAN SUDHA MISRA, , ,

Judgment text excerpt

The Supreme Court held that disputes related to Wakfs 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. The Court found that the High Court had no jurisdiction to entertain the suit filed regarding the Wakf estate of Shahzadi Begum, thus reversing the Division Bench's judgment. The appeal was allowed, affirming the necessity of the Wakf Tribunal's jurisdiction in such matters.

BOARD OF WAKF, WEST BENGAL vs ANIS FATMA BEGUM · Niyam