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Supreme Court of India 2022-03-30 dismissed

P. Nazeer etc vs Salafi Trust & Anr. etc

Bench: 2 — V. Ramasubramanian

In Brief

The Supreme Court dismissed appeals by the Salafi Juma Masjid Mahal Committee challenging a waqf registration certificate. The Committee, a non-registered local unit of an affiliated society, sued to void the certificate and claim management of the mosque. The Court held that an unregistered entity cannot sue unless its parent society's bye-laws authorize it and the suit is filed with proper authority. The Waqf Tribunal erred by not framing issues about the plaintiff's legal status yet ruling in its favour. The High Court correctly exercised revisional jurisdiction to correct this illegality. Once the mosque was lawfully registered under the Waqf Act by Salafi Trust, statutory prescriptions could not be circumvented by unregistered claimants.

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Waqf Law Civil Procedure Revisional Jurisdiction Societies Registration Locus Standi Property Rights Religious Institutions

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