Supreme Court of India
P. V. Nidhish & Ors. v. Kerala State Wakf Board & Anr.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the foregoing discussion, the impugned judgment cannot be sustained; it is hereby set aside.
Judgment, page 17
From the headnote
Wakf Act, 1995 – s.52A added by 2013 amendment – Pen al provision – Operation of, if retrospective – Held: No – Giving effect to a penal statute so as to cover past acts is a proscribed ac tion in law – Therefore, s.52A cannot cover cases where lea ses of wakf properties had expired in the past and where the te nant or lessee was in physical possession and facing civil proceedings for eviction at the time the amendment of 2013 came into force – Interpre tation of Statutes. Wakf Act, 1995 – s.3(ee) added by 2013 amendment – “Encroacher” – Interpretation – Appellants were hol ding the premises
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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