Supreme Court

Lal Shah Baba Dargah Trust and ors v. Magnum Developers and ors

15.12.2015

Civil

Single member Waqf Tribunal keeps jurisdiction till larger constituted

A challenge by Waqf Tribunals against a High Court finding jurisdiction for itself in matters involving waqf property was allowed by the Supreme Court. The Court considered if, after the 2013 amendments to the Waqf Act, 1995, which constituted a three member Tribunal, a one member Tribunal could continue to hear matters till such larger panel was constituted. It rejected contentions that the amendment had impliedly repealed provisions giving authority to waqf tribunals. It noted that the earlier law was not replaced by amendments in 2013, with both being able to stand alongside.

Relevant

Om Prakash Shukla v. Akhilesh Kumar Shukla MANU/SC/0478/1986
Municipal Council, Palai vs. T.J. Joseph MANU/SC/0032/1963
Section 83 Waqf Act, 1995 Act

Tags : Waqf tribunal amendment implied repeal

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