Evacuee - Law Dictionary Search Results
Home Dictionary Name: evacueeThe law relating to evacuee property
The law relating to evacuee property, by defining the words 'the law relating to evacuee property' in clause (b) of s. 2 of the Repealing Act to mean the Administration of Evacuee Property Act, 1950, the Evacuee Interest (Separation) Act, 1951, the Dis-placed Persons (Compensation and Rehabilitation) Act, 1954 and any other law for the time being in force in relation to evacuees or evacuee property, the Legislature intended to give the same powers to the Custodian in dealing with the trust properties as he enjoys in respect of other evacuee property, Sir Fazalbhoy Currimbhoy v. Official Trustee of Maharashtra, AIR 1979 SC 687: (1979) 3 SCC 189: (1979) 2 SCR 699....
Evacuee
Evacuee, The evacuee cannot take possession of his property. He cannot lease that property. He cannot sell that property without the consent of the Custodian. He can not mortgage that property. He can not realise the income of the property. On the other hand, the Custodian can take possession of that property. He can realise its income. He can alienate the property and he can under certain circumstances demolish the property. All the rights that the evacuee had in the property he left in Pakistan were exercisable by the Custodian excepting that he could not appropriate the proceeds for his own use. The evacuee cannot exercise any rights in that property except with the consent of the Custodian. He merely had some beneficial interest in that property. No doubt that residual interest in a sense is ownership, R.B. Jodha Mal Kuthiala v. Commissioner of Income-tax, (1971) 3 SCC 369: AIR 1972 SC 126: (1972) 2 SCR 127....
Evacuee property
Evacuee property, the words used in this definition are of sufficient amplitude and it comprised also 'wakf; property and interest therein, State of Bihar v. Kumar Amar Singh, AIR 1955 SC 282 (287): (1955) 1 SCR 1259. [Bihar Administration of Evacuee Property) Ordinance, (30 of 1949), s. 2(d)]...
Question relating to evacuees property
Question relating to evacuees property, the words 'question relating to the property of an evacuee' occurring in s. 50(1) of the Act are wide enough to ring questions arising in within that section. Civil suit for the enforcement of an agreement relating to evacuee property, Sohan Singh v. Ram Nath, AIR 1952 Punj 372. [Administration of Evacuee Property Act, 1950, s. 50 (1)]...
In the opinion of the custodian
In the opinion of the custodian, the use of the expression 'in the opinion of the Custodian' was not intended to invest the Custodian with arbitrary authority. In forming his opinion, he was bound to act judicially, Custodian of Evacuee Property v.Rabia Bai, (1976) 4 SCC 270: AIR 1976 SC 2557. [Administration of Evacuee Property Act, 1950, s. 10(2)(n)]...
Out of funds in his possession
Out of funds in his possession, the words 'out of funds in his possession' in s. 10(2)(n) of the act show that it would be attracted only where funds are relying with the custodian, Custodian of Evacuee Property v. Rabia Bai, (1976) 4 SCC 270: AIR 1976 SC 2557 (2560). [Administration of Evacuee Property Act, 1950, s. 10(2)(n)]...
Reasonable opportunity of being heard
Reasonable opportunity of being heard, the person concerned should be given a reasonable oppor-tunity of being heard before any order prejudicial to him is made in revision. If this reasonable opportunity of being heard cannot be given without the service of the notice the omission to serve the notice would be fatal; where however proper hearing can be given without service or notice, it does not matter at all, and all that has to be seen is whether even though on notice was given a reasonable opportunity of being heard was given, Fazal Bhai Dhala v. Custodian General, Evacuee Property, AIR 1961 SC 1397 (1399): (1962) 1 SCR 456. [Administration of Evacuee Property Act (31 of 1950), s. 26(1) Proviso 1]...
Cash balances
Cash balances, The expression 'cash balances' in clause (b) of sub-s. (1) of s. 14 of the Administration of Evacuee Property Act, 1950 has to be construed as the excess of credits over debits. The word 'balance' appears to have been advisedly used in preference to 'deposits' because the intention was that only such amount in deposit with the Custodian should be transferred to the compensation pool which would be in excess of the amount required for meeting the due claims against the evacuees or their properties. It is thus clear that what can be directed to be transferred to the compensation pool by the Government under s. 14(1)(b) is the 'cash balance' and not the total cash deposits with the Custodian, Custodian of Evacuee Property v. Rabia Bai, (1977) 1 SCR 25: (1976) 4 SCC 270: AIR 1976 SC 2557 (2566)....
Any person aggrieved
Any person aggrieved, the words 'any person aggrieved' in s. 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. The words 'any person aggrieved' in the context cannot include any Custodian as defined in the Act, Md. Sharfuddin v. R.P. Singh, AIR 1961 SC 1312 (1314): (1962) 1 SCR 239. (Administration of Evacuee Property, Act, 1950 s. 24)...
Allotment
Allotment, partition, the distribution of land under an inclosure Act, or shares in a public undertaking. See COMPANY. By (English) Companies Act, 1929, ss. 39-42, reproducing and amending s. 85 of the Companies (Consolidation) Act, 1908, no allotment of the share capital of a company can be made unless the conditions therein contained have been complied with.In Company law 'allotment' means the appropria-tion out of the previously unappropriated capital of a company, of a certain number of shares to a person. Till such allotment the shares do not exist as such. It is on allotment in this sense that the shares come into existence, Sri Gopal jalan and Co. v. Calcutta Stock Exchange Assn. Ltd, AIR 1964 SC 250 (252): (1964) 3 SCR 698. [Companies Act, 1956, s. 75(1)]Allotment is an appropriation to some person or corporation of a certain number of shares, but not necessarily of any specific share, Halsbury's Laws of England, Vol. 7(1), 4th Edn., Para 422, p. 276.Means the grant by a person...
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