Court : Supreme Court of India
Reported in : AIR1979SC687; (1979)3SCC189; [1979]2SCR699
..... thereof, has been or is declared an evacuee within the meaning of the administration of evacuee property act, 1950, and if any right, title and interest of such person in the trust properties has been or is declared to be evacuee property under that act, then the official trustee shall, subject to any order or direction which the high court may make or give, transfer and vest in the custodian the trust properties, or so much thereof as is found to be evacuee property, and the provisions of the law relating to evacuee property shall as far as may apply to such ..... it seems to us that by defining the words 'the law relating to evacuee property' in clause (b) of section 2 of the repealing act to mean the administration of evacuee property act, 1950, the evacuee interest (separation) act, 1951, the displaced persons (compensation and rehabilitation) act, 1954 and any other law for the time being in force in relation to evacuees or evacuee property, the legislature intended to give the same powers to the custodian in dealing with the trust properties as he enjoys in respect of other evacuee property.24. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1968All232
..... then came into force on april 18, 1951 the administration of evacuee property act, 1950 (act xxxi of 1950) which repealed ordinance xxvii of 1949 the definitions of evacuee and evacuee property are the same as in ordinance xxvii of 1949 sections 7 and 8 also are in the same terms. ..... assistant custodian, air 1957 all 561) and against the judgment a petition for special leave to appeal to the supreme court, also was dismissed, but after the introduction of sub-section (2a) in section 8 of the administration of evacuee property act, 1950 (act xxxi of 1950) the vesting of the evacuee property under those ordinance became retrospectively competent. ..... shamulal, air 1960 raj 283 is that section 46 of the administration of evacuee property act, 1950 which creates new jurisdiction in derogation of a right of suit in competent courts of law must be strictly construed and the bar as to the jurisdiction of the civil court should be held only to the extent to which it is strictly necessary to do so. ..... with respect i do not agree with the reasoning of the punjab high court and i am of opinion that, as the administration of evacuee property act (act xxxi of 1950) and the ordinance preceding it contain a complete code in respect of the determination of the competing claims of the custodian and third persons so much so that it gives even a right of appeal, section 46 is a bar to the type of the suit .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1961P& H472
..... on appeal the assistant deputy custodian by his order dated 26-11-1952 remanded the case and directed the petitioner to amend the application so as to bring it in consonance with the administration of evacuee property act, 1950.the assistant custodian, after remand, rejected the application for confirmation by order dated 14-5-1953 on the ground that the transaction had not been made in good faith. ..... section 40 of the administration of evacuee property act, 1950, does not lay down that if an intending evacuee or a muslim in anticipation of his becoming evacuee enters into the transaction, then the transaction requires confirmation.under the administration of evacuee property act 1950, confirmation of the custodian is required only if the transferor becomes an evacuee after the transfer. ..... 27 of 1949), which in its turn was repealed by the administration of evacuee property act, 1950 (act 31 of 1950) and came into force on 18-4-1950.the assistant custodian rejected the confirmation application by order dated 10-8-51 on the ground that the transaction had not been completed by the time allowed by the government, that is, by 12-1-1948, although he had found that it was a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC259; 1983(1)SCALE48; (1983)1SCC408; [1983]2SCR249
..... the central ordinance was repealed and replaced by the administration of evacuee property act, 1950 (act xxxi of 1950) (hereinafter referred to as 'the act') which came into force on april 17, 1950. ..... act or any other law for the time being in force, such proceeding shall be disposed of as if the definitions of 'evacuee property' and 'evacuee' contained in section 2 of this act had become applicable thereto. ..... appointed or deemed to have been appointed for the state under this act, and shall continue to so vest:provided that where at the commencement of this act there is pending before the high court, the custodian or any other authority for or in any state any proceeding under section 8 or section 30 of the administration of evacuee property ordinance, 1949 (xii of 1949), or under any other corresponding law 'repealed by the administration of evacuee property ordinance, 1949 (xxvii of 1949), then notwithstanding anything contained in this .....
Tag this Judgment!Court : Delhi
Reported in : 148(2008)DLT406; 2008(101)DRJ437
..... nalbandan, kashmere gate ('the gali nalbandan property'), delhi filed this petition on 8th february 1990 seeking inter alias a declaration that the gali nalbandan property is not an evacuee property under the administration of evacuee property act, 1950 ('aep act 1950') and for quashing a demand raised by the delhi administration by a memorandum dated 17th january 1990 calling the petitioners to pay the arrears of rent up to june 1989 in respect of the gali nalbandan property failing which the tenancy of the property would be cancelled and its possession ..... the petitioner also sought a writ of certiorari to quash orders dated 4th august, 1982 and 21st february, 1989 passed by the custodian general of evacuee property under the administration of evacuee properties act, 1950 as well as the order dated 4th february, 1988 passed by the central government. ..... i/378/661, gali nal bandan, kashmere gate, delhi under section 16 of the administration of evacuee property act 1950, i am directed to inform you that the same has been examined and it has not been found possible to accede to your request.yours faithfully,(kuldip rai)deputy secretary to thegovernment of india.11. ..... 1/661 gali nal bandan,kashmere gate, delhi.subject: petition under section 16 of the administration of evacuee property act 1950 filed by s/shri syed mirza & ahmed mirza for restoration of prop. no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1952Bom213; (1951)53BOMLR923; ILR1952Bom851
..... the petitioners, therefore, applied on 19-10 1950, to the deputy custodian of evacuee property for confirmation of the relinquishment and surrender under section 40, administration of evacuee property act, 1950. ..... a notification, dated 20-9-1950, was issued under section 7(3), administration of evacuee property act, 18so, notifying the said 1/4th share of mahomed shafi in the said partnership as evacuee property. ..... [2] respondent 2 has filed an affidavit on this petition in which he has taken up the position that an enquiry under section 7, administration of evacuee property act (which i will hereinafter refer to as the act) wag taken up along with the enquiry in the matter of the petitioners' application for confirmation under section 40 of the said act and that it was open to him to pass a joint order in respect of both the enquiries which he proceeded to do. ..... it is the petitioners' contention that it was not competent to the deputy custodian in the first instance or to the additional custodian in appeal to declare the tenancy rights to ha evacuee property in proceedings under section 40, administration of evacuee property act, and in doing so they acted without jurisdiction. ..... 1, appended to the administration of evacuee property' (central) rules, 1950, (which i will hereinafter refer to as the rules) was given to mahomed shafi, and a copy of this notice was sent to petitioner no. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1957Bom119; (1957)59BOMLR309; ILR1957Bom668
..... on 12th february, 1954, the custodian served a notice upon the plaintiffs, purporting to do so in exercise of the powers vested in him by section 13 of the administration of evacuee property act, 1950, calling upon the plaintiffs not to remove stocks of raw materials, finished goods and other properties from any of the three ambarnath mills or the bobbin factory at tardeo' or the godowns or offices at bombay and also prohibiting the plaintiffs from raising any monies onthe security of the stock of finished goods, goods ..... under section 12 of the administration of evacuee property act, 1950, power to cancel the lease granted by him. ..... desai urged that originally property of a limited, company could not be declared evacuee property but it was only by the amendment of administration of evacuee property act made in 1950 that, property of a limited company could also be declared evacuee property in certain contingencies. ..... ineffective, that in any event the agreement of sale was invalid, inoperative and unenforceable in law in the absence of previous approval of the custodian general sections required by section 10(2)(o) of the administration of evacuee property act, that the suit was barred under sections 15, 16 and 38 of the displaced persons (compensation and rehabilitation) act 1954, and that the relief for permanent injunction claimed by the plaintiffs could not be granted in view of the gross delay in the institution of the suit. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC77; [1955]2SCR1117
..... at this stage, a notice under section 27 of the administration of evacuee property act, 1950 (central act xxxi of 1950), appears to have been issued to the appellant by the custodian-general to show cause why the order of the additional custodian dated the 20th march, 1952, confirming the exchange and the further orders ..... central ordinance is its turn was repealed and replaced by the administration of evacuee property act, 1950 (central act xxxi of 1950) which came into force on the 17th april, 1950. 5. ..... (3) the repeal by this act of the administration of evacuee property ordinance, 1949 (xxvii of ..... earliest of these legislative measures so far as we are concerned, was the east punjab evacuees (administration of property) act, 1947 (east punjab act xiv of 1947), which came into force on the 12th december, 1947. ..... ii of 1948) and later by east punjab evacuees' (administration of property) (amendment) act, 1948, (east punjab act xxvi of 1948), which inserted two new sections, 5-a and 5-b, prescribing the requirement of confirmation of transactions relating to evacuee property and providing a right of appeal or revision ..... under section 5-a of the east punjab evacuees' (administration of property) act, 1947 (east punjab act xiv of 1947), as amended in 1948 and applied to the state of delhi, such a transaction required confirmation by the ..... (1) the east punjab evacuees' (administration of property) act, 1947 (east punjab act xiv of 1947), as in force in ajmer-merwara and delhi, is hereby .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1087; [1961]3SCR855
..... 2 thereof began thus : 'for section 58 of the administration of evacuee property act, 1950, the following section shall be substituted, and shall be deemed always to have been substituted.' 9. ..... it may be mentioned that the administration of evacuee property act, no. ..... on december 7, 1950, the administration of evacuee property (amendment) act, no. ..... this act remained in force till it was replaced by the mysore administration of evacuee property (second) (emergency) act, no. ..... on july 7, 1949, the then state of mysore passed the mysore administration of evacuee property (emergency) act, no. ..... 5 of the administration of evacuee property ordinance (central ordinance no. ..... this was made retrospective from the date from which the act came into force (namely, april 17, 1950) and so the repeal of evacuee property laws which were in force in those states to which the act applied which was implicit in it was made explicit from december 7, 1950, so that from april 17, 1950, only the act held the field. 5. ..... obviously the order of august 22, 1950, was passed when the act was in force in a proceeding relating to evacuee property by the custodian and the custodian-general would be competent under s. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi725
..... custodian however is that the effect of the order dated 5-7-1950 by which the two debtors, ahmed and aboobakar were declared evacuees was to impress their property with the character of 'evacuee property' as defined in clause (f) of section 2 of the administration of evacuee property act, 1950 which reads ad under :- 'evacuee property' means any property of an evacuee (whether held by him as owner or as a trustee or as a beneficiary or as tenant or in any other capacity), and includes any property which has been obtained by any person from an evacuee after the 14th day of august, 1947, by any mode ..... (ii)in any case where it is incurred by a person nto 'being an evacuee, is secured by the mortgage of the interest of such person in the property in favor of an evacuee; but does nto include any such liability of an evacuee arising out of any transaction entered into after the 14th day of august, 1947, unless such transaction has been confirmed by the custodian under the administration of evacuee property act, 1950 (xxxi of 1950);' (41) mr. ..... debated before the deputy custodian general who heard the revision petition, was as to whether it was the award or the resulting decree that called for confirmation as a mortgage transaction within the meaning of section 40 of the administration of evacuee property act, 1950 and if so whether an unregistered award or decree affecting immovable property could be confirmed under that section. .....
Tag this Judgment!