Supreme Court of India
Hammad Ahmed v. Abdul Majeed & Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above discussion, it is held that the Dawakhana Wakf is not a wakf within the meaning of the term, under the Wakf Act, despite the use of the term “wakf” (which appears to be misleading).
Judgment, page 27
From the headnote
Succession – To the Office of Chief Mutawalli – Rule of Primogeniture – When not applicable – One ‘HAM’ started the Hamdard Dawakhana as sole proprietor – Died leaving behind his wife and two sons, ‘AH’ and ‘MS’ – These three executed Deed in 1948 to manage the affairs of Hamdard – ‘AH’ became the sole surviving Wakif Mutawalli in terms of the 1948 Deed – In 1964, the Wakif Mutawalli appointed his two sons ‘AM’ and ‘HA’-appellant as Mutawallis – Wakif Mutawalli issued various declarations from time to time for working of Hamdard – On the basis of such declarations, a comprehensive declaration…
Authorities it was built on
- 1990 Dorab Cawasji Warden v. Coomi Sorab Warden & Ors.
- 2004 Deoraj v. State of Maharashtra and Ors.
- 1973 Delhi Development Authority v. Durga Chand Kaushish
- 2008 Faqruddin (dead) through L.rs. v. Tajuddin (dead) through L.rs.
- 2013 Mohd. Mehtab Khan & Ors. v. Khushnuma Ibrahim & Ors.
- 1975 Dollar Company, Madras v. Collector of Madras
- 2018 Samir Narain Bhojwani v. M/s. Aurora Properties and Investments and Anr.
Where later benches applied it
Of those, 1 relied on
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