Judgment Search Results Home > Cases Phrase: the displaced persons compensation and rehabilitation act 1954 Court: madhya pradesh Page 1 of about 26 results (0.227 seconds)

Puranchand and anr. Vs. Anandi Bai

Court : Madhya Pradesh

Reported in : AIR1978MP32

..... learned counsel appearing for the appellant contended that although the sale certificate was issued on 30-4-1964, (sic) but possession was given to the plaintiff-appellant and the tenants were informed to pay rent to the appellant from 1st of may, 1961 and in pursuance of this as a notice for payment of arrears of rent was served on the defendant-respondent and admittedly she did not pay rent within the prescribed time, the objection under section 29 of the displaced persons (compensation and rehabilitation) act, 1954 will not be available as provided for in proviso to sub-clause ..... the learned lower appellate courtheld that the grounds under section 12 (1) (a)and 12 (1) (e) are made out, but thelearned judge of the lower appellate court maintained the dismissal of the suit for eviction on the ground that as the suit was filed within two years of the certificate of sale issued in favour of the plaintiff-appellant, the suit is barred under section 29 of the displaced persons (compensation and rehabilitation) act, 1954. ..... in this view of the matter, therefore, it cannot be disputed that the respondent-tenant did not comply with the notice of demand and did not pay all the arrears within one month of the service of notice as provided in sub-clause (a) of the proviso to sub-section (1) of section 29 of the displaced persons (compensation and rehabilitation) act, 1954. ..... section 29, displaced persons (compensation and rehabilitation) act, 1954, runs as follows :-- '29. .....

Ram Ratan Gupta Vs. the State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR1974MP101; 1974MPLJ95

..... section 16(1) of the displaced persons (compensation and rehabilitation) act, 1954 authorises the central government to take such measures including that of disposal of the compensation pool in order that itmay be effectively utilised in accordance with the provisions of the act. ..... there is no indication either in the madhya pradesh excise act, 1915, or the rules made thereunder that the excise commissioner should base his decision to confirm or refuse to confirm an auction sale on the material or evidence obtained in a particular manner and after hearing the representation of the person concerned. ..... section 18 of the act confers power on the state government to a lease to any person on such conditions and for such period as it may think fit, the right--(a) of manufacturing, or of supplying by whole-sale, or of both, or (b) of sellingby wholesale or by retail; or (c) of manufacturing or of supplying by wholesale, or of both and selling by retail, any liquor or intoxicating drug within any specified area. ..... section 18 of the act provides that the state government may lease to any person on such conditions and for such period as it may think fit the right-(a) ........................ .....

Motandas and ors. Vs. Gopaldas Basarmal

Court : Madhya Pradesh

Reported in : AIR1962MP307; 1962MPLJ790

..... the defendant is a displaced person and is also entitled to the benefit of section 29 of the displaced persons (compensation and rehabilitation) act of 1954. 2. ..... but section 29 of the displaced persons (compensation and rehabilitation) act 1954 has made special provision for the protecting of displaced persons from ejectment. ..... it is clear from section 20 that the transfer of any property under the displaced persons compensation act 1954, is subject to rules made under that act. ..... ' this means the displaced persons becomes a tenant immediately there is a transfer. ..... this means that the period of two years can be curtailed if the evacuee (sic) displaced person? ..... the privilege to special protection of two years which the evacuees (sic) (displaced persons? ..... section 29 of the act provides: 'such person shall, without prejudice to any other right which he may have in the property, be deemed to be a tenant of the transferee on the same terms and conditions as to payment of rent or otherwise on which he held the property immediately before the transfer. ..... the auction under that act does not give any right to the auction purchaser until the bid is approved and the sale certificate is issued. ..... it was under a particular act and therefore the rules that have been framed under that act should apply. 4. .....

Rameshwar Prasad Vs. Municipal Corporation

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ764

..... the suit property was an evacuee property belonging to an evacuee and the said property was purchased by the respondent corporation in an auction from the central government under the provisions of the displaced persons (compensation and rehabilitation) act, 1954 (hereinafter called the 1954 act). ..... , bihar and orissa at new delhi for and on behalf of the president of india in favour of the chief municipal officer, municipal council, sagar, under rule 33 of the rules framed under the displaced persons (compensation and rehabilitation) act, 1954. ..... section 12 of the 1954 act gives power to acquire evacuee property for rehabilitation of displaced persons. ..... sections 22, 23 and 24 in chapter iv of the act of 1954 deal with the provisions of appeals and revisions. ..... under the administration of evacuee property act, 1950 (hereinafter called the act of 1950), 'evacuee property' is defined as 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 a 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 of transfer which is not effective by reason of the provisions contained in section 40, but does not include -(i) any ornament and any wearing .....

Faijlatunnisha (Deceased) Th: Lts. Rahat Ali Vs. the State of Madhya P ...

Court : Madhya Pradesh

..... of mp whereby holding the alleged transaction of purchasing the property by the petitioners has been declared to be ab initio void stating that the same was contrary to the provisions of the displaced persons (compensation and rehabilitation) act, 1954. ..... court or the forum for ..... that how the disputed factual matrix of the matter, as stated in the petition and annexed papers.could be adjudicated by this court unless the evidence is recorded in the matter by the competent court or the forum and as per normal practice if evidence is required on certain issues then such matter could not be entertained under article 226 of the constitution of india, on which, instead to argue further petitioners counsel seeks permission to withdraw this petition with liberty to file the appropriate civil suit or the proceedings before the appropriate civil .....

Parth Rasayan Pvt. Ltd. Vs. State Appellate Forum and ors.

Court : Madhya Pradesh

Reported in : 2005(1)MPLJ506; [2006]146STC447(MP)

..... harbhajan singh : [1996]3scr812 the settlement commissioner was held to be not competent to sit over his own earlier order passed as settlement officer under the displaced persons (compensation and rehabilitation) act, 1954. ..... what particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the tribunal or body of persons appointed for that purpose. ..... under the scheme of state sales tax laws (madhya pradesh general sales tax act, 1958 and then after its repeal madhya pradesh commercial tax act, 1994), the state has offered exemption to certain categories of dealers engaged in class of business of manufacture and sale from payment of sales tax on their goods provided they satisfy the conditions prescribed under the exemption notification (annexure p 3). ..... this act on his part was against the principle laid down by the supreme court in kraipak case air 1970 sc 150 and shivananda pathak's case (1998) 5 scc 513. .....

Kaniram Lachman Gari and ors. Vs. Regional Settlement Commissioner and ...

Court : Madhya Pradesh

Reported in : AIR1962MP56

..... 44 of 1954 for the acquisition of the said property for the public purpose of rehabilitation of displaced persons and of paying compensation to them.the said property on the issue of the said notification formed part of the compensation pool and fell to be managed and disposed of by the managing officer and the regional settlement commissioner appointed under section 16 of the displaced persons (compensation and rehabilitation) act. ..... after the interest of the maufidar fariduddin had vested in the custodian the petitioner, it is said, paid rent to him till the issue of a notification by the central government in june 1955 under section 12 of the displaced persons (compensation and rehabilitation) act no. ..... in order to answer the question aforesaid we have to take into account the provisions of section 19 of the displaced persons (compensation and rehabilitation) act no. ..... you are therefore being ejected (or ejected) from the said land from the date of the service of this notice as per rule 102 of the displaced persons (compensation and rehabilitation) rules, 1955.pargana--jaora village--piploda. ..... the opponents rejoined by saying that they could not claim the protection under that act as the provisions both of administration of evacuee property act and of the displaced persons (compensation nd rehabilitation) act, 1954 had an overriding effect.5. .....

B.K. Pradhan Vs. Kalawati Devi

Court : Madhya Pradesh

Reported in : AIR1968MP175; 1968MPLJ180

..... in pursuance of the powers conferred under section 20 of the displaced persons (compensation and rehabilitation) act of 1954 (act no. ..... rule 121 of the displaced persons (compensation and rehabilitation) rules, 1955 prescribes a period of two years in respect of the protection given to the tenant under section 29 of the act. ..... the trial judge held that the plaintiff is the owner of the suit house; that she bona fide requires it for her own need and that of her family; that she has no otherreasonably suitable accommodation of her own in the city of jabalpur; that a sale certificate has been issued to her: that the tenancy was validly and legally determined and that the suit is not premature within the meaning of section 29 of the act. ..... ordinarily the decree in a suit should accord with the rights of the parties as they stood on the date of its commencement, but in order to shorten litigation or to do complete justice between the parties, it is incumbent upon a court of justice to take notice of the events after the institution of the suit and to decide the case according to the circumstances as they stand at the time the decree is made.10. ..... and it is then urged that by virtue of section 29 of the act the tenant is not liable to be ejected within two years of the date of issuance of the sale certificate. ..... xl of 1954) (hereinafter called 'the act') the house was sold to one bhagwandas. .....

Bhagrirath Prasad Sharma Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... since maqbool begum had shifted to pakistan, the property was auctioned under displaced persons (compensation and rehabilitation) act, 1964 and same was purchased by hansraj malaram. ..... name of ashok kumar was mutated and lease was executed in favour of ashok kumar vide lease deed (a-7).a suit was also pending between prakash chandra agrawal and ashok kumar, which was compromised on 24.3.2012 in the lok adalat and prakash chandra agrawal withdrew the aforesaid suit, thereafter, the sale deed was executed in favour of kalyanika infa mega venture pvt.ltd.through its directors.thereafter, the instant case has been registered against the applicant and co-accused persons. ..... learned government advocate has further submitted that despite the repeated query by the commissioner, municipal corporation that the nazul officer has no jurisdiction to decide the title of the property, the applicant misled him in connivance with co-accused ashok kumar by giving the legal opinion that nazul court has the jurisdiction to decide the title, therefore, in the instant case the custodial interrogation of the applicant is necessary and the application is liable to be dismissed. .....

Narmada Bachao Andolan Vs. the State of Madhya Pradesh Through Chief S ...

Court : Madhya Pradesh

Reported in : AIR2008MP142; 2008(2)MPHT490

..... 2, it is stated that initially compensation paid to the displaced families under the land acquisition act were determined on the basis of 'lagan' for land acquisition but thereafter the administration came up with the special rehabilitation grant (for short 'the srg') to ensure that the land holders of very poor quality of land got enough compensation to buy equal amount of land of 'average quality' and such srg amounting to rs.1,561.41 lacs has been disbursed to the omkareshwar oustees and the whole objective of srg was to ensure that the displaced persons of the omkareshwar dam project are ..... in a position to buy land of the .....