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

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