Evacuee Property - Law Dictionary Search Results
Home Dictionary Name: evacuee property Page: 2Compensation
Compensation, according to dictionary it means, 'compensating or being compensated; thing given as recompense;'. In legal sense it may constitute actual loss or expected loss and may extend to physical mental or even emotional suffering, insult or injury or loss, Ghaziabad Development Authority v. Balbir Singh, (2004) 5 SCC 65 (75): AIR 2004 SC 2141.--Making things equivalent, satisfying or making amends, a reward for the apprehension of criminals; also that equivalent in money which is paid to the owners and occupiers of lands taken or injuriously affected for public purposes and under Act of Parliament, e.g., the (English) Lands Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 18), but where the land is acquired compulsorily by a Government Department or any local or Public Authority the compensation is regulated by the (English) Acquisition of Land (Assessment of Compensation) Act, 1919 (9 & 10 Geo. 5, c. 57) and Rules of 1919, and see Housing Act, 1936, ss. 40 and 42 and Schedules, ...
Any mode of transfer
Any mode of transfer, Succession to property implies devolution by operation of law and cannot appropriately be described as a mode of transfer which obviously contemplates a transfer inter vivos, Ebrahim Aboobaber v. Tek Chand Dolwani, AIR 1953 SC 298 (300). [Administration of Evacuee Property Act, 1950 (31 of 1950), s. 2(f)(1)]...
Person aggrieved
Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 S...
Surrender of the demised estate
Surrender of the demised estate, means yielding up of the estate to the landlord, so that the leasehold interest becomes extinct by mutual agreement between the parties or by operation of law. It does not involve alienation of an estate. Under a surrender, the landlord resumes possession of the property without opposition from the tenant. The term 'surrender' is well-known to law and generally distinguished from abandonment which is another term that does not involve transfer, Mubarak Husain v. Custodian-General of Evacuee Property, New Delhi, AIR 1957 Punj 197....
To which s. 54 does not apply
To which s. 54 does not apply, the Administration of Evacuee Property Act, 1950, the Slum Areas (Improvement & Clearance) Act, 1956 and the Delhi (Tenants Temporary Protection) Act, 1956 and the Delhi Tenants (Temporary Protection) Act, 1956, all deal with premises and property and therefore the phrase 'to which s. 54 does not apply' is connected with the word 'premises'. The proviso did not apply and the matter had to be governed by the old Delhi and Ajmer Rent Control Act, 1952, which had been repealed, Jai Narain v. Kishanchand, AIR 1969 SC 1165: (1969) 1 SCC 724: (1969) 3 SCR 854....
Burden of proof
Burden of proof [onus probandi, Lat.]. the most prominent canon of evidence is, that the point in issue is to be proved by the party who asserts the affirmative, according to the civil law maxims, Ei incumbit probatio qui dicit, nonqui negat; Actori incumbit onus probandi; and Affirmanti non neganti incumbit probatio. The burden of proof lies on the person who has to support his case by proof of a fact which is peculiarly within his own knowledge, or of which he is supposed to be cognizant. See Best on Evidence, Bk. III., Pt. 1, ch. 2.The expression 'burden of proof' really means two different things. It means sometimes that a party is required to prove an allegation before judgment can be given in its favour; it also means that on a contested issue one of the two contending parties has to introduce evidence, Narayan Bhagwantrao Gosavi v. Gopal Vinayak Gosavi, AIR 1960 SC 100: (1960) 1 SCR 773: (1960) SCJ 263.The phrase 'burden of proof' has not been defined in the Indian Evidence Act....
Purport
Purport, has many shades of meanings. It means fictitious, what appears on the face of the instrument, the apparent and not the legal import and, therefore, any act which purports to be done within that power notwithstanding that the power is not exercisable ... ..... Purporting is, therefore, indicative of what appears on the face of it or is apparent even though in law it may not be so, Azimunnissa v. Dy. Custodian, AIR 1961 SC 365.Means outward appearance, guise, as conveying an impression etc., Travancore Devaswan Board v. Krishnan, (1980) Ker LT 787.The word 'purport' has many shades of meaning. It means fictitious, what appears on the face of the instrument; the apparent and not the legal import and therefore any act which purports to be done in exercise of a power is to be deemed to be done within that power notwithstanding that the power is not exercisable, Dicker v. Angerstein, 3 Ch D 600 (603). Purporting is therefore give of what appears on the face of it or is apparent even...
Subject thereto
Subject thereto, means subject to the provision immediately preceding such an expression, Colvile v. Martin, (1911) 105 LT 622.The use of expression 'subject thereto' in the commencement of the positive part of s. 58(3) cannot attribute to the previous operation of the repealed statute an overriding effect so as to deprive the authorities constituted under the repealing Act of their power to entertain appeals or revision applications, which they possess by the express enactment that the acts done or actions taken are deemed to have been done under the statute, Bishambhar Nath v. State of Uttar Pradesh, AIR 1966 SC 573 (579). [Administration of Evacuee Property Act, 1950, s. 58(3)]...
As he thinks fit
As he thinks fit, the revisional powers conferred upon the Custodian-General and the Custodian under the J&K State Evacuees' (Administration of Property) Act, 2006 (6 of 2006) (1949 AD) are of wider amplitude which cannot be restricted debarring the revisional authorities from satisfying themselves as to the legality or propriety of the orders passed by a subordinate authority in complete disregard to the provisions of the Act and the relevant facts. Any conclusion arrived to without reference to reliable, cogent and admissible evidence, cannot be termed to be a decision arrived on facts. Permitting the revisional authority to 'pass' such order in relation thereto as he thinks fit' clearly indicates the extent of the power conferred upon it which cannot be limited or circumscribed, Ghulam Qadir v. Special Tribunal, (2002) 1 SCC 33 (66)....
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....
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