Search Results Page
Search Results
1 - 10 of 29 (0.23 seconds)Section 7 in Administration of Evacuee Property Act, 1950 [Entire Act]
The East Punjab Children Act, 1949
Section 2 in Administration of Evacuee Property Act, 1950 [Entire Act]
Section 13 in The Indian Evidence Act, 1872 [Entire Act]
The Delhi Rent Control Act, 1958
Section 8 in Administration of Evacuee Property Act, 1950 [Entire Act]
M/S. Haji Esmail Noor Mohammad & Co. And ... vs The Competent Officer, Lucknow & Ors on 8 March, 1967
"15. The legal position
therefore is this. There is no question of
issuing further notice or making a
declaration that a property is evacuee
property under Section 7 of the Act if the
property has automatically vested in
Custodian. As the Supreme Court has
said in H. Esmail v. Competent Officer
(supra) Section 7 only applied to
W.P.(C) No. 3559/1982 Page 7
properties other than those which have
been vested automatically in the
Custodian. Such a vesting cannot be
reopened under the Central Ordinance
or the Central Act, for it has already
vested thereunder by a fiction.‖
Therefore, no declaration that property
was evacuee property was necessary
under the Act. Notwithstanding the
repeal of earlier law of automatic vesting
the property continued to vest in the
Custodian without any action under
Section 7. Such action is necessary only
in cases where the property had not
already vested under the provisions of
the repealed ordinance. (See Asst.