Supreme Court Rules on Chief Mutawalli Dispute in Hamdard Laboratories Case

The Supreme Court of India, in its judgment dated April 3, 2019, ruled on the dispute concerning the appointment of the Chief Mutawalli of Hamdard Laboratories (India), formerly known as Hamdard Dawakhana. The case involved a disagreement over succession after the death of the previous Chief Mutawalli, Abdul Mueed, on March 19, 2015. The appellant, Hammad Ahmed, claimed that he was the rightful successor, while Abdul Majeed, the son of the late Chief Mutawalli, also asserted his claim.

Background of the Case

The dispute centered around who should assume the role of Chief Mutawalli following the demise of Abdul Mueed. The appellant, Hammad Ahmed, filed Civil Suit No. 211 of 2017, asserting that as the senior-most male direct successor of Wakif Mutawalli, he automatically took over the position on March 20, 2015. He issued an office order to that effect, asserting his authority. However, Abdul Majeed, the respondent, also issued an order on March 23, 2015, appointing himself as Chief Mutawalli.

Hammad Ahmed sought legal intervention to declare Abdul Majeed’s claim as void and to establish his own authority as the rightful Chief Mutawalli.

Legal Proceedings

Two separate suits were filed:

Hammad Ahmed’s suit (Civil Suit No. 211 of 2017) for declaration and injunction, challenging Abdul Majeed’s authority.
Abdul Majeed’s suit (Civil Suit No. 162 of 2017) seeking removal of Hammad Ahmed and his son from their positions as Mutawallis, alleging mismanagement.

Hammad Ahmed filed an interim application seeking the following reliefs:

Release of salaries and dues of all Mutawallis.
Permission to operate Hamdard’s bank accounts as sole signatory.
Control over Hamdard’s domain names and email servers.
Access to Enterprise Resource Planning (ERP) system.

Single Judge’s Ruling

The Single Judge ruled in favor of Hammad Ahmed, holding that:

The senior-most male descendant in the line of succession is entitled to be appointed as Chief Mutawalli.
Hammad Ahmed was the rightful successor under the Wakf Deed.
Abdul Majeed was directed to hand over passwords for the domain names, email servers, and ERP system.

Division Bench’s Reversal

The Division Bench overturned the Single Judge’s decision, stating:

There was no absolute rule of primogeniture under Muslim law, but it could be applied if stipulated in a testamentary document.
The Wakf Deed required succession to follow a seniority-based system within the line of the first Chief Mutawalli.
Abdul Majeed, being the son of the previous Chief Mutawalli, had a stronger claim.

Supreme Court’s Observations

The Supreme Court examined the Wakf Deed and its amendments, ruling:

Clause 3 of the amended Deed stated that the senior-most male descendant in the line of succession would be the Chief Mutawalli.
The principle of primogeniture was not automatically applicable unless explicitly mentioned.
Hammad Ahmed, as the senior-most male descendant, had the stronger claim.
Past actions, including previous nominations, supported his claim.

Final Judgment

The Supreme Court ruled:

“The appeals are allowed. The impugned judgment of the High Court dated 27.11.2018 is set aside, and the order of the Single Judge dated 25.10.2017 is restored. The parties shall continue with the existing management arrangements.”

Impact of the Judgment

The ruling has significant implications:

Clarifies Succession Rules: Establishes that succession to a Wakf position must be determined based on the governing document, not presumptions.
Ensures Stability in Management: Provides clear guidelines for future disputes in Wakf institutions.
Limits Judicial Overreach: Reinforces that courts should not introduce new succession rules beyond what is stated in governing documents.

Conclusion

The Supreme Court’s decision in Hammad Ahmed v. Abdul Majeed & Ors. resolves a critical dispute in the management of Hamdard Laboratories (India). By upholding the rule of succession stated in the Wakf Deed, the judgment provides clarity and stability to the administration of significant charitable institutions.

Petitioner Name: Hammad Ahmed.
Respondent Name: Abdul Majeed & Ors..
Judgment By: Justice Uday Umesh Lalit, Justice Hemant Gupta.
Place Of Incident: Delhi.
Judgment Date: 03-04-2019.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Hammad Ahmed vs Abdul Majeed & Ors. Supreme Court of India Judgment Dated 03-04-2019.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Property Disputes
See all petitions in Succession and Wills
See all petitions in Contract Disputes
See all petitions in Judgment by Uday Umesh Lalit
See all petitions in Judgment by Hemant Gupta
See all petitions in allowed
See all petitions in Remanded
See all petitions in supreme court of India judgments April 2019
See all petitions in 2019 judgments

See all posts in Civil Cases Category
See all allowed petitions in Civil Cases Category
See all Dismissed petitions in Civil Cases Category
See all partially allowed petitions in Civil Cases Category