Court : Punjab and Haryana
Reported in : AIR1953P& H161
..... 90 of 1951 (a),' decided by me on 23-4-1952 a point was raised that section 46 of the administration of evacuee property act, 1950, did not bar the jurisdiction of the civil courts to decide the question whether a particular person was or was not an evacuee. ..... on 17-4-1950 the administration of evacuee-property act. ..... -- (1) save as otherwise expressly provided in this act, no evacuee property which has vested or is deemed to have vested in the custodian under the provisions of this act shall, so long as it remains so vested, be liable to be proceeded against in any manner whatsoever in execution of any decree or order of any court or other authority, and any attachment or injunction or order for the appointment of a receiver in respect of any such property subsisting on the commencement of the administration of evacuee property (amendment) act, 1951, shall cease to have effect on such commencement and shall ..... 9 of 1949, entitled the east punjab evacuee property (administration) ordinance, 1949 was promulgated on 10-7-1949 which repealed the act of 1947 and the subsequent amending acts and ordinances. ..... section 8 of the ordinance provided for the vesting in the custodian of any property declared to be evacuee property under section 7, sub-section (2) of this section provided for the continuance of the vesting in the custodian of any property which, had vested in the custodian under any law repealed by the ordinance. ..... this act repealed the ordinance of 1949. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1283; [1962]1SCR246
..... of the administration of evacuee property act, 1950 (xxxi of 1950) which came into force on april 18, 1950, the property which is vested in the custodian under any law repealed by the act shall be deemed to be evacuee property within the meaning of the act and shall be deemed to have vested in the custodian appointed under that act. ..... administration of evacuee property ordinance, 1949 (i of 1949) was promulgated and shortly thereafter the administration of evacuee property (chief commissioners provinces) ordinance, 1949 (12 of 1949), promulgated by the central government, was extended to the united provinces ..... the custodian may take such measures as he considers necessary or expedient for the purposes of securing, administering, preserving and managing any evacuee property and generally for the purpose of enabling him satisfactorily to discharge any of the duties imposed on him by or under this act and may, for any such purpose as aforesaid, do all acts and incur all expenses necessary or incidental thereto.' 8. according to him the words 'for the purpose of securing, administering, ..... gopal singh, who appears for the custodian-general, to show us any provision in the act or in the rules which authorises the custodian of evacuee property to direct a person who is alleged to be in unauthorised possession of evacuee property to render accounts for rents and profits of those properties without resorting to the ordinary remedy provided by law, that is, by way of suit. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1988AP226
..... 58(3) of the administration of evacuee property act (act 31 of 1950) which repealed certain provisions of the east punjab evacuee's (administration of property) act of 1947. 51. ..... the repeal by this act of the administration of evacuee property ordinance, 1949 (27 of 1949) ...... ..... under section 55 of ordinance 27 (of 1949 the provisions of the administration of evacuee property ordinance 12 of 1949 were repealed. ..... later ordinance 27 of 1949 was also repealed by central act 31 of 1950'this act was amended by an ordinance and later by an act of the same year. ..... 58 of the central act 31 of 1950 the position so far as the positive portion is concerned - has to be judged as if the 'repealing act' were in force at the earlier relevant date. ..... 58 of central act 31 of 1950 purports to indicate the effect of that repeal, both in negative and in positive terms. ..... custodian of evacuee property, : [1955]2scr1117 . ..... effect of repeal : - where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not- (a) revive anything not in force existing al the time at which the repeal takes effect; or (b) (c) affect the previous operation of any enactment so repealed or anything duly done or suffered thereunder; or (d) (c) affect any right, privilege, obligation or liability acquired or incurred under any enactment so repealed; or (e) affect any penalty .....
Tag this Judgment!Court : Chennai
Reported in : (1975)2MLJ138
..... ordinance xii of 1949 was repealed by ordinance xxvii of 1949 which, in turn, was repealed by the administration of evacuee property act (central act xxxi of 1950). ..... even during the pendency of her appeal before the supreme court, the appellant, by way of abundant caution, had recourse to rule 22 of the administration of evacuee property (central) rules, 1950 (hereinafter referred to the rules) for registration of her claim for the return of the sale consideration of rs. ..... to appreciate the case of the appellant, it is necessary to make reference to rule 22 of the administration, of evacuee property (central) rules albeit its deletion by act xci of 1956, as it was under that rule the appellant's claim for refund was originally registered by the .assistant custodian. ..... the power given to the custodian under sections 7 to 9 of act xxxi of 1950 to notify a property as evacuee property and to have the property vested in himself and take possession thereof, is one coupled with duties, one among which is the obligation created under section 10 (2) (n) to pay any person the sums of money he is found entitled to by the custodian, out of the ..... notwithstanding this feature, the sale required confirmation by the custodian of evacuee property under section 40, as act xxxi of 1950 had retrospective effect. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP234
..... were considering the provisions of section 58 of the administration of evacuee property act (central act 31 of 1950). ..... provided for the repeal of the administration of evacuee property ordinance 1949. ..... after considering the scheme of the repealed ordinance, their lordships observed:-'if section 58 of central act 31 of 1950 which repelled the prior ordinance is under stood with reference to the above scheme, there is not reason to confine the operation of the second portion ..... sub-section (3) reads:'the repeal by this act of the administration of evacuee property ordinance 1949 (xxvii of 1949 ..... scheme of the conduct rules of 1958 which were repealed by conduct rules 1964 will have to be taken into consideration and it, will have to be determined whether the expression 'anything done' refers only to administrative actions or acts of the public servant.19. ..... it is argued that when the matter was referred to disciplinary tribunal, conduct rules, 1958 had been repealed, no reference could have been made to the said rules, and such a reference would vitiate the ..... this proviso creates a fiction that thought the conduct rules, 1958 have been repealed, anything ]done under these rules will be considered to have been done under the ..... (conduct) rules, 1964 (hereinafter referred to as the conduct rules 1964) while repealing government servant's conduct rules of 1958 (hereinafter referred to as the conduct rules of 1958) does not provide for prosecution for acts done under the conduct rules of 1958. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1971AP218; [1971]28STC175(AP)
..... (2) xxx xxx (3) the repeal by this act of the administration of evacuee property ordinance, 1949 (xxvii of 1949) .......... ..... the administration of evacuee property ordinance 1994 (xxvii of 1949) us hereby repealed. ..... that case the question arose as to the maintainability of the suit for fore-closure of a mortgage by conditional sale executed on 3-7-1877 when regulation 17 of 1806 was in force, instituted after the transfer of property act came into force which act repealed the said regulation. ..... the supreme court however made the following observation in reaching the same conclusion on an alternative ground;'in the alternative this question may be examined in another aspect section 11-a (1) of the repealed act itself created a right in favour of the respondent not to be assessed in respect of turnover that was under-assessed or had escaped assessment after the expiry of the period prescribed in that sub- ..... follows from the above said discussion is that since the assessment year was 1956-57 ending by 13-3-1957 under rule 17 made under the repealed act with then was prevalent the assessing authority could have repealed act which then was prevalent the assessing authority could have reopened the assessment within three years next succeeding the assessment year. ..... said ordinance in its turn was repealed by central act 31 of 1950. ..... in that case the assessment related to a period between 1-4-1948 and 31-3-1950 rejecting certain claims of the assessee, the assessment order was made on 2-1- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC463; 1983(2)SCALE1057; 1984Supp(1)SCC341; [1984]2SCR1; 1984(16)LC852(SC)
..... this court decided that the approval of the central government on the basis of which the notification of march 24, 1955 had been made was misconceived inasmuch as with the coming into force of the 1954 act the administration of evacuee property act, 1950 (central act 31 of 1950) stood repealed and the evacuee property, subject to the act of 1950, had become a part of the compensation pool under the act of 1954. ..... of special leave under article 136 of the constitution against the judgment of the punjab & haryana high court in letters patent appeal is as to whether the managing officer operating under the displaced persons (compensation & rehabilitation) act, 1954 ('1954 act' for short), could cancel the allotment made in favour of the appellant under the east punjab administration of evacuee property act, 1947 ('punjab act' for short) and schemes framed thereunder.2. ..... was accepted by the commissioner as also by the governor of the state before 2nd july 1952 when rule 14(6) of the evacuee property (central) rules, 1950 was amended and in respect of quasi-permanent allottees cancellation was permitted only on grounds set out in rule 14(6). ..... writ petition was dismissed, special leave was obtained from this court and the court found that after coming into force of the 1954 act and the notification made on march 24, 1955, under section 12 of the act, the lands already allotted to displaced persons ceased to be evacuee property and had become part of the pool created under the 1954 act. .....
Tag this Judgment!Court : Kerala
Reported in : [1967]20STC28(Ker)
..... administration of evacuee property act, 1950 (central act 31 of 1950) providing that 'anything done or any action taken in exercise of any power conferred by or under the (repealed) ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act, as if this act were in force on the day on which such thing was done or action was taken' was construed to apply to an application for confirmation preferred by the appellant before the supreme court under the concerned act ..... in this view of section 58, the application of the appellant for confirmation pending on the date when central act 31 of 1950 came into force had to be dealt with and disposed of under this act and the order of confirmation passed in 1952 would clearly be subject to the revisional power of the custodian general under section 27 of the said act.applying this reasoning to the relevant words of section 61(1), it has to be held, that the petitioner's ..... evacuee property ..... evacuee property, ..... evacuee property, ..... as the decision of the case depends on section 61 of the 1963 act, it may be extracted below in full:(1) the general sales tax act, 1125 (act 11 of 1125), is hereby repealed :provided that such repeal shall not affect the previous operation of the said act, or any right, title, obligation or liability already acquired, accrued or incurred thereunder, and subject thereto, anything done or any action taken, including any appointment, notification, notice, order, rule, form, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(4)ALD388; 2008(1)ALT520
..... a three judges bench of the supreme court interpreted the expression 'any person aggrieved' used in section 24 of the administration of evacuee property act, 1950 and held that the same does not include custodian so as to enable him to prefer appeal against the order of a custodian releasing properties under section 7 of the act. ..... any person aggrieved' in section 24 of the act can only mean a person whose properties have been declared to be evacuee properties by the custodian, or a person who moved the custodian to get the properties so declared or any other such aggrieved person. ..... if an assistant custodian or a custodian went wrong in the matter of declaring a property to be an evacuee property the act provides that the custodian or the custodian-general, as the case may be before 1956, and the custodian-general ..... the order and of the plan referred to therein may be seen at all reasonable hours; and(b) serve on every person whose name appears in the commissioner's assessment book as primarily liable for payment of property tax leviable under this act, on any building included in the area to which the clearance order relates and, so far as it is reasonably practicable to ascertain such persons, on every mortgagee thereof, a notice stating the effect of ..... repealing the argument that a custodian other than the custodian who made the order releasing the properties can file appeal, the supreme court observed:in our view, this argument is not consistent with the scheme of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1981)25CTR(SC)406; [1982]133ITR239(SC); (1981)4SCC675; [1981]1SCR947; 1982(14)LC12(SC)
..... of 1949 and provided as follows: the repeal by this act by the administration of evacuee property ordinance 1949 (xxvii of 1949) shall not affect the previous operation thereof, and subject thereto, anything done or any action taken in the exercise of any power conferred by or under that ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this act, as if this act were in force on the day on ..... not as effective as it should be and no serious effort has been made to eliminate the other causes of generation of black money, but whatever may be the failures of the political and administrative machinery-and we are not here concerned to inquire into that question nor are we competent to express any opinion upon it-the fact remains that there is considerable amount of black money in the hands ..... act xxxi of 1950 repealed ..... in anwar ali sarkar's case the constitutional validity of the west bengal special courts act (x of 1950) constituting special courts and empowering the state government to refer 'cases' 'offences' or 'classes of cases' ..... case says much the same thing in holing that the west bengal special courts act of 1950 offends article 14: we find men accused of heinous crimes called upon to answer ..... the suggestion for issue of special bearer bonds was made as far back as 1950 by some of the members of the provisional parliament, notably those belonging to the opposition and the government was repeatedly asked why it was not issuing .....
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