Supreme Court of India · 2015-12-15
LAL SHAH BABA DARGAH TRUST vs MAGNUM DEVELOPERS AND OTHERS
- Citation / case number
- SC 2015/34232
- Court
- Supreme Court of India
- Petitioner
- LAL SHAH BABA DARGAH TRUST
- Respondent
- MAGNUM DEVELOPERS AND OTHERS
- Author
- C. NAGAPPAN M.Y. EQBAL
- Bench
- C. NAGAPPAN M.Y. EQBAL
Judgment text excerpt
The Supreme Court upheld the Bombay High Court's decision that the Maharashtra Waqf Tribunal lacked jurisdiction to hear the waqf suit due to amendments in the Waqf Act, 1995, specifically Section 83(4) and the implications of the Waqf (Amendment) Act of 2013. The Court clarified that the single-member Tribunal's authority ceased post-amendment, and thus, the suit must be presented before the appropriate civil court. The Court affirmed the High Court's ruling without disturbing the interim injunction previously granted.