Kerala HC Upholds Life Terms For Five, Acquits Two in Renjith Johnson Murder, Says TIP Not Needed  ||  Kerala HC Orders Emergency Electric Fencing at Tribal School to Address Rising Wildlife Conflict  ||  Madras HC: Arbitrator Can’t Pierce Corporate Veil to Bind Non-Signatory and Partly Sets Aside Award  ||  Calcutta HC: Post-Award Claim For Municipal Tax Reimbursement is Not Maintainable under Section 9  ||  Tripura HC: Tax Authorities Cannot Revive Repealed VAT Powers or Retain Deposits Without Law  ||  J&K&L HC: Obtaining a Passport is a Constitutional Right; Citizens Need Not Prove Travel Necessity  ||  Allahabad HC: Police Report in Non-Cognizable Offence is a Complaint; Accused Must Be Heard First  ||  Kerala HC: Hospitals Must Display Rates and Cannot Deny Emergency Care For Lack of Advance Payment  ||  Orissa HC: Convict’s Refusal to Appeal Through Legal Aid Must be Recorded in Writing  ||  SC Halts Deer Translocation From Delhi’s AN Jha Park And Orders a Probe into DDA Negligence    

Lal Shah Baba Dargah Trust and ors v. Magnum Developers and ors - (Supreme Court) (15 Dec 2015)

Single member Waqf Tribunal keeps jurisdiction till larger constituted

Civil

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 It rejected contentions that the amendment had impliedly repealed provisions giving authority to waqf tribunals.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  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved