Supreme Court · 2022 INSC 1127 · Decided 20 October 2022

Maharashtra State Board of Wakfs v. Shaikh Yusuf Bhai Chawla & ORS.

Court
Supreme Court of India
Citation
2022 INSC 1127 · [2022] 12 S.C.R. 482
Case number
CIVIL APPEAL No. 7812/2022
Decided
20 October 2022
Bench
K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Constitution Article 226; Registration Act

Headnote

Wakfs - Wakf Act, 1995 - Bombay Public Trust Act, 1950 - 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, 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

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