Court : Punjab and Haryana
Reported in : AIR1955P& H158
..... first time by section 30(5), east punjab ordinance 9 of 1949 and which has been continued by section 26 of the act of 1950 would be available to the custodian, should he think tt necessary in view of the facts proved before him to exercise that power ..... of the central ordinance 27 of 1949 would be deemed to be an order passed under section 58(3) of the amending act of 1950 and therefore it cannot be said that the custodian has not the power to review his own orders. the power of review which ..... it to a division bench to determine whether the power' of review under section 26 of the present administration of evacuee property act 31 of 1950 is applicable to the facts of the present case.3. three parties rajeshwar sahai, allah diya and two brothers gopal sahai and ..... was more or less in the same terms as section 55(3) of the central ordinance of 1949. by section 2 of act 66 of 1950 section 58 was replaced by another section, but the language in sub-section (3) remains more or less the same and is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H222
..... for this court is whether the learned single judge has come to correct determination in-point of law.4. section 40 of the administration at eva-cuee property act, 1950 declares that no transfer made after the 14th day of august, 1947 by or on behalf of any person in any manner whatsoever of any property belonging to ..... whether the assistant custodian was justified in declining to confirm a certain sale under the provisions of sub-section (4) of section 40 of the administration of evacuee property act, 1950.2. on the 22nd september, 1947 mehar chand petitioner purchased two houses, one from dehru for a sum of rs. 700/- and the other from hussain for a ..... the learned single judge came to the conclusion that the assistant custodian did not exercise the jurisdiction which has been vested in him by section 40 of the act of 1950. he accordingly accepted the petition, set aside the order in question and directed that the application of the petitioner for confirmation of the sales be dealt with in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H235; 1957CriLJ1168
..... the petitioner.17. in har tirath singh v. the crown, air 1950 ep 222 (i), the crown did not claim any privilege and that was not a case under the preventive detention act but under the east punjab safety act, nor would romesh thapar v. state of madras, 1950 scr 594: (air 1950 s.c 124) (j), be applicable because whatever else it may ..... have held, it was not a case under the preventive detention act but was a case under the madras public safety ..... act.18. lastly, it was urged that the action of the government is mala fide. it was urged .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1965P& H361
..... a larger number of voters were entered at more than one place which constitutes a clear violation and contravention of section 18 of the representation of the people act, 1950. i am therefore satisfied that the election held on the basis of such roll were altogether invalid and the mere fact that the election petitioners in pending ..... the names of these voters with few exceptions have been entered at more than one place in the supplementary roll.(3) now section of representation of the people act 1950 which cells with apart from other matter the preparation of electoral roles lays down that no person shall be entitled to be registered in the electoral roll for ..... caused by the negligence or inefficiency or breach of rules by the authorities entrusted with the preparation of rolls must necessarily invalidate them but the court should in act case examine the nature and extent of the breach the circumstances in which it has been committed and then determine whether the roll in question is so .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H240
..... -10-1952 holding that as the property sought to be sold in execution of the decree was evacuee property, execution could not proceed under section 17 of the evacuee property act, 1950.2. it is necessary in this case to give the facts in some detail. on 19-11-1947 the decree-holders got a decree for rupees ten thousand odd against ..... then referred me to a division bench judgment in -- 'firm amin chand rakam chand v. mt. noshah begum', air 1954 punj 235 (b), in which section 8 of the act of 1950 was referred to, but there the finding was that the property had been abandoned. in the present case there is no such pleading and naturally no such finding.9. i ..... come up in appeal to this court.5. it is submitted on behalf of the decree-holders that ibrahim was not an evacuee either under the act of 1947 or under the act of 1950. under the former act a person was defined to be evacuee under section 2(b) if he left the territories of india for a place outside india since the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H106
..... evacuee property either in the records of the custodian department or of the rehabilitation department nor any proceedings were taken under section 7 of the administration of evacuee property act, 1950. the defendants have come to this court in second appeal.2. after hearing the counsel for the parties, i am of the view that the judgment and decree ..... follows:--'where the property which was never declared as evacuee property under section 7 of the administration of evacuee property act, 1950, and thus never formed part of the compensation pool, was sold by the authorities under the 1954 act, the jurisdiction of the civil court to get into the question as to the finality of the order of sale ..... of jurisdiction, can be called in question in the civil court. the language of section 27 is not as wide as that of section 46 of the 1950 act. in the present case, no proceedings under section 7 to declared the property in question to be an evacuee property were taken by the custodian against the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2005P& H94; (2004)138PLR803
..... punjab vested in custodian and continued to be vested with the custodian in terms of section 8(2) lead with section 58 of the administration of evacuee property act, 1950.12. since the property vested with the custodian in terms of the statutory provisions, the same continued to be vested in to central government or its agencies ..... repealed on the promulgation of administration of evacuee property ordinance no. xxvii of 1949 which was replaced by administration of evacuee property act no. 31 of 1950 which came into force on 7.4.1950. the act was amended from time to time. some of provisions of statute relevant for the purpose of the present appeal reads as ..... under:administration of evacuee property act, 19502. definitions.- in this act, unless the context otherwise requires.-(d) evacuee means any person-(i) who on account of the setting .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)115PLR456
..... such property in which an interest has been declared to be evacuee property or has vested in the custodian of evacuee property under the administration of evacuee property act, 1950. precisely put, it relates to a property which is held to be evacuees and non-evacuees and so till the interest of non-evacuees is separated; ..... property which or any property in which an interest, has been declared to be evacuee property or has vested in the custodian under the administration of evacuee property act, 1950 and - (i) in which the interest of the evacuee consists of an undivided share in the property held by him as a co-sharer or partner ..... plaintiff is free from any infirmity - the lower appellate court examined the case in the light of relevant provisions contained in the evacuee interest (separation) act, 1951 (for short 'the act') and the decision rendered by the apex court in case reported as bhanwarlal and anr. v. regional settlement commissioner, jaipur, cum custodian evacuee properly and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1952P& H9
..... arising in the course of such management.' 95. section 52a was added along with sections 52b to 52g by the insurance (amendment) act. 1950 (47 of 1950) and came into, force on 1-6-1950. section 52b deals with the powers and duties of the administrator and it is stated in that section that the administrator shall conduct ..... 52a, section 52b, or section 52d.' 21. now, the validity of the impugnedlegislation which was enacted by the insurance(amendment) act, 1950, and which receivedthe assent of the president on the 20th of may,1950, may be challenged on the followinggrounds:(i) that the legislation was not competentto enact the impugned legislation; and (ii) that the ..... writs are satisfied; (b) that the legislature was competent to enact sections 52a to 52g of the act, which were added by the insurance (amendment) act, 1950; (c) that the companies cannot raise the question that sections 52a to 52g of the act take away or abridge the rights conferred by article 19(1) (f) and (g), constitution of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H8
..... colonization.'it is submitted on behalf of owners and allottees with regard to property which has been allotted to displaced persons either under the administration of evacuee property act 1950 or act 44 of 1954, that the allottees cannot be said to have any rights in or over land. reliance is placed on a decision of the supreme court ..... legislation something which not being existent at all, could not have conceivable relation to any principle of compensation.'with regard to the orissa agricultural income-tax (amendment) act 1950, the supreme court decided that it was not colourable legislation, the test being that although it might appear on scrutiny that the real purpose of a legislation was ..... purpose is placed on the observations of mahajan j. in air 1952 sc 252 at p. 276 (h), where section 23(f) of the bihar land reforms act 1950 was found to be so. after referring to entry 42 of list iii and the contentions of the learned attorney-general, mahajan j. observes that an entry concerning .....
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