Supreme Court of India
Maharashtra State Board of Wakfs v. Shaikh Yusuf Bhai Chawla & Ors.
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What the Court ordered
We are of the opinion that the power of the Commissioner to survey wakf properties under sub-section (1) or to enquire and investigate into the several matters set out in clauses (a) to (f) of sub-section (3) cannot be curtailed by taking recourse to sub - section (5).
Judgment, page 89
From the headnote
Wakfs – Wakf Act, 1995 – Bombay Public Trust Act, 1 950 – Public Trust vis-à-vis Wakf – Distinction between a public Trust and a Wakf – Discussed – Held: What was once a Wakf before the 1950 Act, if it is registered under the 1950 Act, w ith the commencement of the Act, such a public Trust would necessarily come under the ambit of the Wakf Act, 1995 – There are public Trusts registered under the 1950 Act which are in fact, Wakf which fall under s.28 of the 1950 Act – They must come within the regime of the Central Act viz., the Wakf Act, 1995 – Conversely, a M uslim Public Trust registered
Authorities it was built on
- 2017 Madanuri Sri Rama Chandra Murthy v. Syed Jalal
- 2012 State of Kerala & Ors. v. M/s. Mar Appraem Kuri Co. Ltd. & Anr.
- 1978 Board of Muslim Wakfs, Rajasthan v. Radha Krishna & Ors.
- 2006 Mohammed Khasim v. Mohammed Dastagir and Ors.
- 1999 Wali Mohammed Khan (dead) by Lrs. v. Rahmat Bee and Ors.
- 1962 Nawab Zain Yar Jung and Others v. The Director of Endowments and Another
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