Supreme Court of India

The A.P. State Wakf Board Hyderabad v. All India Shia Conference (branch) A.P. and Ors.

Neutral citation
Reported as [2000] 2 S.C.R. 78
Bench M. Jagannadha Rao and Y.K. Sabharw Al JJ.
Decided 2 March 2000

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the view that instead of dismissing the suit, the justice of the case requires that the parties are to be given an opportunity to produce B evidence so as to enable the Court to render a satisfactory judgment on the issue as to whether these institutions are Shia Wakf or Sunni Wakf.

Judgment, page 8

From the headnote

Muslim Law: Wakf-Shia or Sunni-Determination of- /ams, Panjas, Ashthanas, Ashrukhanas and Imambadas are generally Shia Wakfs-In, exceptional cases such institutions can be Sunni Wakfs-But court cannot declare these institu­ tions as a Shia Wakf-It has to be decided on evidence in relation to each of the institutions-Thus, the decision of the trial court and High Court declaring such institutions as Shia Wakf is set aside-Fw1her as the matter is 37 years old instead of dismissing the suit or remanding it to the trial cow1, matter to be remanded to the High Court-High Court directed to call for

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