Court : Supreme Court of India
Reported in : AIR1956SC614; [1956]26CompCas280(SC); [1956]1SCR603
..... point it is necessary to notice the further difference that exists in the displaced persons (debts adjustment) act between applications by displaced debtors and applications by displaced creditors against persons who are not displaced persons. so far as the applications by displaced debtors are concerned, section 15 in terms provides for certain consequences arising, ..... , that must be treated as the later act and held to override the provisions of the earlier displaced persons (debts adjustment) act, 1951. it has been pointed out, however, that section 13 of the displaced persons (debts adjustment) act, uses the phrase 'notwithstanding anything inconsistent therewith in any other law for the time being ..... 45-b, subject to the two questions that have been raised in the case which are (1) where there is anything in the displaced persons (debts adjustment) act, 1951, which overrides this jurisdiction, and (2) whether in view of the fact that the original execution application to the tribunal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1379; [1964]2SCR293
..... acres by virtue of the property allottable to sham singh - the original mortgagor (respondent no. 2). 3. the union legislature enacted in november, 1951 the displaced persons (debts adjustment) act, 1951 (act lxx of 1951) which we shall hereafter refer to as the act, being an act to make provisions for the ..... on whose construction the appeal turns. the act, as we stated, earlier, was enacted inter alia, for making provision for adjustment and settlement of debts due by displaced persons. a 'displaced debtor' is defined as a displaced person from whom a debt is due or is being claimed (s. 2(9)). we might add that it is common ground that both the ..... adjustment and settlement of debts due by displaced persons. section 5 of the act enabled an application to be made by a 'displaced debtor' for the adjustment of his debts to a tribunal - which was defined as meaning 'a civil court having authority to exercise .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC669; [1964]5SCR387
..... placed before the chief justice for constituting a full bench for deciding the point of law which was formulated in these terms : 'whether an application under s. 13 of the displaced persons (debts adjustment) act, 1951 is not maintainable against the state of punjab'. 3. a full bench of three judges accordingly heard arguments upon the point raised and held by a unanimous judgment ..... of the displaced persons (debts adjustment) act, 1951 (central act lxx of 1951) which will be referred to hereafter as the act, enacts : '13. claims by displaced creditors against persons who are not displaced debtors. at any time within one year after the date on which this act comes into force in any local area, any displaced creditor claiming a debt from any other person who is not a displaced person may .....
Tag this Judgment!Court : Delhi
Reported in : 7(1971)DLT329
..... appeal raises the question whether in a civil suit a civil court can determine whether a party before it is a displaced person and whether he can take advantage of the provisions of section 29 of the displaced persons (debts adjustment) act, 1951 (hereinafter referred to as the (act') which came into force in delhi as from december 10, ..... 1951. the commercial subjudge, delhi, who decided the suit filed by the appellant held that the predecessor-in-interest of the defendant-respondents was a displaced person and they could take ..... is transferred to the decree-holder. (11) the appellant's contention is that the act is a complete self-contained code with regard to the adjustment of debts by displaced persons and, thereforee, the reliefs which are provided by chapter iii and other provisions of the act can be granted only by a tribunal and not .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi898
..... such the decreewas a nullity. he also contended that the liabilitycreated by the decree was in any case a debt within themeaning of displaced persons (debts adjustment) act,1951 and that he was a displaced person within themeaning of this act and was entitled to its benefit. theexecution application was further pleaded to be barredunder section ..... after december,1957.(21) the learned counsel for the appellant at first contendedthat the provisions of section 17 as well as section 37 of the displaced persons (debts adjustment) act couldnot be invoked by the respondent in a civil court becauseaccording to the purpose and the scheme of this actthese provisions could be ..... district judge, jammu. the learnedcourt has held that the decree was a nullity and the respondent-judgment-debtor was also a displaced personwithin the meaning of s. 2(1) of the displaced persons(debts adjustment) act, 1951, and the executionagainst him was barred by time.(2) briefly stated, the relevant facts are that on 26 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All504
..... to the high court within the meaning of section 115 civil procedure code. i would, therefore, answer the question referred as follows:-'the tribunal constituted under the displaced persons (debts adjustment), act, 1951 (lxx of 1951) is a court subordinate to the high court within the meaning of section 115, civil procedure code and a revision lies ..... the affirmative.c.c. mathur, j.60. the following question has been referred for the opinion of this full bench:'is the tribunal constituted under the displaced persons (debts adjustment) act, 1951 (lxx of 1951) a court subordinate to the high court within the meaning of section 115, civil procedure code? does a revision under section ..... that order and the point that has been formulated for the decision of the full bench is as follows:-'is the tribunal constituted under the displaced persons (debts adjustment) act, no. 70 of 1951, a court subordinate to the high court within the meaning oe section 115 civil procedure code. does a revision under .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H456
..... that they are not capable of residing with reference to section 20 of the civil procedure code), would be to defeat the objects of the displaced persons (debts adjustment) act, for it would deprive the displaced persons of all remedies in respect of their claims against the state government and this clearly was not the intention of the legislature.to ..... to this reference may be briefly stated. the okara grain buyers syndicate whose place of business is now amritsar, filed an application under section 13 of the displaced persons (debts adjustment) act (hereinafter called the act) against the punjab state for the recovery of rs. 4,038/-. the amount was claimed on account of a liability ..... taken.in state of punjab v. mangal singh nagpal, air 1956 pat 91 (j), sinha j. held that the expression 'any other person' occurring in section 13 of the displaced persons (debts adjustment) act covers the state of punjab. the judgment does not contain a very full discussion of the matter, but i find myself in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H239
..... to express any well considered opinion on this matter nothing more need be said on the present occasion.(23) now, coming to the provisions of the displaced persons (debts adjustment) act, the main contention raised on behalf of the respondent is that the bar created by section 44 of the act is exhaustive and therefore by ..... expedient to express any well considered opinion in the absence of proper full-dress arguments at the bar.(18) with respect to the tribunal constituted under the displaced persons (debts adjustment) act, our attention has undoubtedly been drawn by mr. sodhi in his final reply to the unreported decision a division bench of the this court in ..... my own because i am disinclined, as at present advised to express any well-considered opinion on the point whether or not a tribunal constituted under the displaced persons (debts adjustment) act, lxx of 1951, and an authority under the payment of wages act are civil courts subordinate to the high court. the unreported decision of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC543; (1967)69PLR88; [1967]1SCR317
..... place of residence at each of those places.7. we are unable to agree with the contention of the bank that for a person to be a displaced debtor under the displaced persons (debts adjustment) act 70 of 1951 he must have before migration to india a place of residence only in the territory which later was included ..... modified and the court of first instance will determine the final liability of karam chand and prabh dayal for the debt due to the bank in accordance with the provisions of s. 22 of the displaced persons (debt adjustment) act 70 of 1951.13. there is little doubt that on account of the circumstances, over which the appellants ..... the proceedings for determination of their 'final liability' in accordance with the provisions of the displaced persons (debts adjustment) act 70 of 1951.3. the relevant provisions of act 70 of 1951 are briefly these : section 2(10) defines a 'displaced person' as meaning 'any person, who, on account of the setting up of the dominions of india and pakistan, .....
Tag this Judgment!Court : Delhi
Reported in : 4(1968)DLT220
..... .l. r 52, when the suit was pending, one of the partners of the defendant firm made an application under section 5 of the displaced persons (debts adjustment) act, for the adjustment of debts and the schedule which was attached, to this application contained the names of the various creditors of the applicant but did nto contain the name of ..... extent. they further put forward the plea that kanwar raj nath as mentioned in paragraph 10 of the plaint itself, made an application under section 5 of displaced persons (debts adjustment) act lxx of 1951 (to be referred to as 'the act' in the rest of this judgment) before the tribunal at ambala and the plaintiff ..... of the act. the object of the act, is, as its preamble itself indicates, to make certain provisions for the adjustment and.settlement of debts due by displaced persons, for the recovery of certain debts due to them and matters conneeted therewith or incidental thereto. the act has made elaborate provisions for relief of the indebtedness of .....
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