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Supreme Court of India 2022-03-30 dismissed

P. NAZEER ETC vs SALAFI TRUST & ANR. ETC

Bench: 2 — Hemant Gupta, V. Ramasubramanian

In Brief

The case involved disputes between Salafi Trust (a registered waqf entity) and an unregistered Mahal Committee over management and administration of a mosque and its properties. The appellants (Mahal Committee) claimed to be the legitimate managers but failed to demonstrate they were a registered legal entity or that they had authority under their society's bye-laws to sue. The High Court, exercising revisional jurisdiction, found the Tribunal had committed a gross illegality by not framing an issue on the appellants' legal status and had incorrectly treated an unregistered local committee as entitled to sue. The Supreme Court held that revisional jurisdiction allows correction of such fundamental defects without re-appreciating all evidence and dismissed the appeals, affirming the High Court's decision in favor of Salafi Trust."

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