An Inquiry Under Section 40 Of The Waqf Act Is Not A Full Trial: Gujarat High Court Upholds Board’s Determination On Character Of Dargah Waqf

Dismissing a first appeal, the Gujarat High Court upheld concurrent findings of the Waqf Board and the Waqf Tribunal on the character and management of a disputed dargah waqf in Patan district. It held that an inquiry under Section 40 of the Waqf Act is not a full-fledged trial, and that the appellants had shown no real prejudice from the denial of a separate hearing on their preliminary objections.