Judgment Search Results Home > Cases Phrase: evacuee interest separation act 1951 repealed section 5 jurisdiction of competent officers Page 4 of about 1,759 results (0.181 seconds)

Azimunissa and ors. Vs. the Deputy Custodian, Evacuee Properties, Dist ...

Court : Supreme Court of India

Reported in : AIR1961SC365; [1961]2SCR91

..... issued filed separate claims claiming various shares in the property. the competent officer by his order of march 20, 1956 ..... by the competent officer. an appeal was taken by these two evacuees to the custodian of evacuee property, u.p., but it has not yet been decided. 5. proceedings were then taken by the competent officer under evacuee interest (separation) act (64 of 1951), hereinafter called the separation act. notices were issued under section 6 of the separation act on february 15, 1954, and the persons to whom notices were .....

Smt. Israr Fatima Vs. Custodian Evacuee Property U.P., Lucknow and ors ...

Court : Allahabad

Reported in : AIR1968All232

..... 46 specifically imposes a bar to the entertainment or adjudication of any question whether any property or any right to or interest in any property is or is not evacuee property. this bar has been provided because act xxxi of 1950 contemplates the giving of complete opportunity to third person to get his right determined as against the custodian ..... respect of which a requisition has been made thereunder may prefer a written claim to the custodian on the ground that (a) the property is not evacuee property, or (b) his interest in the property has not been affected by the provisions of the ordinance. it also provides for the holding of a summary enquiry by the custodian ..... be powerless to interfere in a matter where the order of the custodian or custodian general is without jurisdiction or in excess of their legitimate jurisdiction, and a separate example was then given and it was pointed out that such a case would clearly seem to arise where for example, the custodian may not have given any .....

The Custodian of Evacuee Property, Bangalore Vs. Khan Saheb Abdul Shuk ...

Court : Supreme Court of India

Reported in : AIR1961SC1087; [1961]3SCR855

..... the custodian issued a notification by which he declared the properties of the two respondents as evacuee properties which had vested in him, as the respondents had become evacuees. thereupon two claims were filed under s. 8 of the first mysore act separately by the two respondents. these claims were investigated by the deputy custodian who dismissed the same ..... made by the custodian might prefer a claim to the custodian on the ground that the property was not evacuee property or his interest in the property had not been affected by the provisions of that act. it was further provided that the custodian was to hold summary inquiry in the prescribed manner into such claims ..... is given he holds inquiry into the matter and thereafter passes an order declaring the property to be evacuee property. thus under the first mysore act the property became evacuee property ipso facto and the person claiming any interest in it had to proceed under s. 8 and make a claim which had to be investigated and .....

Present: Mr. M.L.SarIn Senior Advocate with Vs. the Joint Development ...

Court : Punjab and Haryana

..... carries with it the right of preservation and management of such lands. in brief, by reason of the state act, the custodian appointed under the central act of 1950 is divested of his control over the evacuee interest in the shamlat-deh lands. the most significant impact of this divestment, though somewhat of an academic nature, is ..... and integrity of this document punjab and haryana high court, chandigarh cwp no.7233 of 1998 and others connected petitions -5- **** maqbooja malkan is entered, be separated according to their respective shares in the village, as they existed at the time of consolidation. the case is remanded to the consolidation officer (tehsildar), bholath, district ..... an exparte order was passed on 28.1.1997 by the director, consolidation of holdings, punjab, who directed the consolidation officer to partition the land by separating the shares and protected the possession of the persons in possession kumar pardeep 2013.10.08 10:40 i attest to the accuracy and integrity of this .....

Banwarilal Chowkhani Vs. Commissioner of Wealth-tax

Court : Guwahati

..... custodian issued a notification by which he declared the properties of the two respondents as evacuee properties which had vested in him, as the respondents had become evacuees. thereupon two claims were filed under section 8 of the first mysore act separately by the two respondents. these claims were investigated by the deputy custodian, who ..... provided that : 'where the custodian is of opinion that any property is evacuee property within the meaning of this act he may, after causing notice thereof to be given in such manner as may be prescribed to the persons interested, and after holding such inquiry into the matter as the circumstances of the ..... the manner prescribed and after hearing the persons interested to declare the property to be evacuee property; and it was only thereafter that the property vested in him as evacuee property. further, the second mysore act also defined the 'custodian general' as the custodian-general of evacuee property in india so appointed by the government .....

Mohd. Umar Khan Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)112PLR119

..... district judge while agreeing with the contention of appellant's counsel that this property did not vest in the custodian as per section 7-a of the administration of evacuee property act, held that despite it, such a property would still vest in government in view of notification dated 10.9.1965, which read as:-'in exercise of the powers ..... the plea of the plaintiff-the petitioner that presence of dilawar khan at the time of registration of sale deed is proved and also the fact that two separate mortgage deeds have been executed by him, the court came to the conclusion that no doubt dilawar khan executed this sale deed but as per evidence on record ..... carefully examining the oral as well as documentary evidence came to the conclusion that dilawar khan migrated to pakistan in the year 1947 and thus he had no saleable interest in the property subject matter of sale deed. resultantly, the petitioner the plaintiff had no locus standi to file the suit for redemption of the land. dealing with .....

Jalandhar Improvement Trust Vs. Vinod Kumar and ors.

Court : Supreme Court of India

..... encroachers and liable to be evicted would be gone into and decided although in a summary manner in the proceedings which were initiated against them. 20. since the evacuee property act, 1950 has been repealed, we see no justification in the order dated 30.04.2009 passed by the high court remanding back the matter to the settlement commissioner ..... unauthorised occupants of the land in dispute and as to whether or not the respondents are entitled to alternative plots or rehabilitation are matters which can be adjudicated upon separately in accordance with law but not in the manner as suggested by the high court. even if respondents are entitled to rehabilitation under any law the same has ..... and remanded the matter to the tehsildar (s)-cum-m.o., jalandhar for fresh decision, after hearing the respondents. 9. in the meantime the predecessor-in-interest of the respondents nos. 1 and 2 filed a civil suit seeking for injunction restraining the appellant herein from dispossessing the predecessor-in .....

Pallamreddy Masthan Reddy and Others Vs. Nellore Finance Corporation a ...

Court : Andhra Pradesh

Reported in : AIR1993AP297; 1993(2)ALT97

..... to cover the questions of right and title to the property. instead of driving the parties to a separate suit, the amendment provides for the . adjudication of the claim on all aspects including the right, title and interest in and over the property. the necessary concomitant of this change is that a claim petition is ..... alter or affect it.'in abdul karim v. dy. custodian-general, : [1964]6scr837 , the question was whether the amended section 48 of the administration of evacuee property act could be applied to the pending matters. the amended section 48 laid down that sums payable to the government or to the custodian can be recovered as arrears ..... provides for a remedy as efficacious as a suit followed by an appeal. if a different intention could be gathered from the provisions of the repealing and amending act, that intention has to be effectuated notwithstanding the fact that the vested rights under the repealed provisions are affected. this is the result which inevitably follows from .....

Srinivas Ramanuj Das Vs. the Commissioner of Income-tax

Court : Orissa

Reported in : AIR1966Ori135

..... assessment' is wide enough to include proceedings by way of assessment, appeals, references and revisions.it is unnecessary to further examine the rest of the clauses separately. it would be sufficient to say that section 297(2) purports to indicate the effect of repeal on previous matters in clearest terms. it provides for ..... shall apply; (j) any sum payable by way of income-tax, super-lax, interest, penalty or otherwise under the repealed act may be recovered under this act, but without prejudice to any action already taken for the recovery of such sum under the repealed act; (k) any agreement entered into, appointment made, approval given, recognition granted, direction, ..... legal position as to the applicability of section 6 of the general clauses act, when there is repeal of an enactment followed by a fresh legislation, is no longer in doubt. in (s) air 1956 sc 77 indira sohanlal v. custodian, evacuee property delhi; their lordships observed :' section 6 would be applicable in suchcases .....

Mohamed Mujeebur Rahman Vs. the State of Tamil Nadu and ors.

Court : Chennai

..... to make necessary advertisement giving opportunity to all persons, including those who have already applied before the principal judge, city civil court, chennai, and to act in the best interest of the wakf, directing that till then status quo prevailing as on that date shall continue.5.1. in the counter affidavit filed by respondents 7 ..... on receipt of the report of the survey commissioner consisting the following particulars: (a) the number of wakfs in the state showing the shia wakfs and sunni wakfs separately;(b) the nature and objects of each wakf;(c) the gross income of the property comprised in each wakf;(d) the amount of land revenue, cesses, rates ..... suits in respect of the wakf property in adverse possession from 12 years to 30 years; and (ii) application of the provisions of the wakf act, 1954 to the evacuee properties, all other provisions were severely criticised, especially relating to the power of the wakf commissioner, which was superior to the wakf board. the wakf ( .....