AIR 2016 SUPREME COURT 381 ::2016 (2) ABR 188 ::(2016) 1 WLC(SC)CVL 395 ::(2016) 1 CLR 228 (SC) ::(2016) 4 All RentCas 352 ::2015 (17) SCC 65 ::(2016) 1 RecCivR 558 ::(2015) 13 Scale 629 ::(2016) 1 AllMR 934 (SC) ::(2016) 115 All LR 523 ::(2016) 2 Cal HN 83 ::(2016) 2 All WC 1167 ::(2016) 1 Bom CR 775 ::(2016) 1 Mad LW 896 ::(2016) 1 Mad LJ 330 ::(2016) 2 AndhLD 55 ::(2016) 1 JLJR 240 ::(2016) 1 Pat LJR 401 ::(2016) 159 AllIndCas 31 (SC)

Supreme Court Of India

(From : 2015 (6) Abr 674)

Hon'ble Judge(s): M. Y. Eqbal, C. Nagappan , JJ

(A) Wakf Act (43 of 1995) , S.83(4), S.85— Civil P.C. (5 of 1908) , S.9— Jurisdiction of Single Member Wakf Tribunal- After 2013 amendment Wakf tribunal shall consist of three members - Objective of amendment is only to expand composition of tribunal - And oust jurisdiction of Civil/Revenue Courts - Use of word 'shall' under S. 83 - Casts mandatory duty on State to constitute three members Tribunal by Notification in official @page-SC382Gazette - However, no notification issued in official Gazettee constituting three members Tribunal- One member tribunal shall continue to exercise jurisdiction- And civil Court cannot be directed to decide suits in respect of Wakf property.2015 (6) ABR 674, Reversed.Word and Phrases - Word 'shall'- Mandatory nature. From perusal of the statement of objects and reasons, for bringing Wakf (Amendment) Act, 2013, it reveals that the single member of the Tribunal was working fine under the Wakf Act, 1995 (before 2013 amendment). The idea of expanding the composition by the 2013 Amendment seems to make improvement in the functioning of the Tribunal with the help of two more members in the Tribunal.(Para 25) Even by the 2013 amendment in Section 85 of the Act, they have also ousted the jurisdiction of the revenue court or any other authorities along with the civil court. Meaning thereby ....