wakf Archives | SCC Times

Supreme Court determines if Section 52A of Wakf Act, 1995 has retrospective application or not

“Expression Whoever alienates or purchases or takes possession of, which is the opening phrase of Section 52A of the Wakf Act, 1955, cannot be read or construed to include possession taken in the past, which resulted in continued possession, when the provision was enacted.”

Case Briefs Supreme Court

Can there be presumption of Hindu joint family property if a business activity carried out by Karta in a tenanted premise? Supreme Court answers

“Even if a male member had taken premises on rent, he is tenant in his individual capacity and not as Karta of Hindu Undivided Family in the absence of any evidence that Karta was doing the business for and on behalf of Joint Hindu Family.”

Case Briefs Supreme Court

Question as to property being a Wakf property or not is to be decided by Wakf Tribunal irrespective of the religious status of parties

Supreme Court: In an appeal against the order of the Punjab and Haryana High Court where it was held that the Wakf