Supreme Court · 2023 INSC 452 · Decided 28 April 2023
P. V. Nidhish & ORS. v. Kerala State Wakf Board & ANR.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 452 · [2023] 4 S.C.R. 547
- Case number
- CRIMINAL APPEAL No. 309/2023
- Decided
- 28 April 2023
- Bench
- S. RAVINDRA BHAT, DIPANKAR DATTA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 472, 482; Constitution Article 21
Headnote
Wakf Act, 1995 - s.52A added by 2013 amendment - Penal provision - Operation of, if retrospective - Held: No - Giving effect to a penal statute so as to cover past acts is a proscribed action in law - Therefore, s.52A cannot cover cases where leases of wakf or lessee was in physical possession and facing civil proceedings for eviction at the time the amendment of 2013 came into force - Interpretation of Statutes. Wakf Act, 1995 - s.3(ee) added by 2013 amendment - "Encroacher" - Interpretation - Appellants
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)