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Haryana Wakf Board v. Rajender Kumar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8018 of 2015)Decided 28 Sept 2015
Civil Appeal No. 8018 of 2015
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

This order sends the case back; it does not decide the dispute. In a suit between Rajender Kumar and the Haryana Wakf Board, the question was whether the suit was barred by Section 83 of the Wakf Act, 1995. The trial court decided the matter without considering the amended Section 83, relying on a precedent that predated the amendment, and the High Court confirmed its order.

Decision Breakdown

This is not a final decision on the dispute. The Court did not itself decide whether Section 83 barred the suit. It set aside the High Court's order and sent the matter back to the trial court to consider Section 83 afresh and take an appropriate decision in accordance with law. The parties were directed to appear before the trial court on 26 October 2015.

Lesson Learnt

There is no final ruling yet on whether the amended Section 83 of the Wakf Act, 1995 bars this suit. A court must apply the provision as amended, not a precedent from before the amendment.

Official source (sci.gov.in)View Judgment (PDF)

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