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Judgment Search Results Home  Phrase:displaced persons compensation and rehabilitation act 1954 repealed section 10

Nov 01 2007

Amjadali Gazanfarali Bhakhari Vs. The Custodian of Evacuee Properties

  • Decided on : 01-Nov-2007

Court : Gujarat

Reported in : 2008GLH(1)22; (2008)1GLR483

..... about the proceedings under the evacuee act has been terminated on the promulgation of the repeal act, 2005 and nothing to be done further, then, principles of restitution would apply in view of section 3 of the separation act which overrides all the laws while section 16 of the administration of the evacuee property act, 1950 read with section 20a of the displaced persons (compensation and rehabilitation) act, 1959 read with rule 37 ..... of the evacuee pursuant to the notification of 1951, learned counsel has drawn attention of this court to various provisions of the administration of the evacuee property act, 1950 (for short 'evacuee act'), especially, to section 9, 10, 10a, 11, 12, 12a, 13, 14, 15, and 16 and it was reiterated that actions taken by the authorities amount to invoking inapplicable statutory provisions to ..... the same, is not disposed off. moreover, they are requested to inform the concerned officers to see that since no tenancy act or any other law is applicable to the evacuee properties under the provisions of d.p. (c & r) act, 1954, the evacuee properties are not disposed of in respect of the cases including the tenancy cases as well as to inform .....

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Mar 01 2006

Doaba Nirmal Mandal (Regd.) and Anr. Vs. Financial Commissioner Revenu ...

  • Decided on : 01-Mar-2006

Court : Punjab and Haryana

Reported in : (2006)143PLR174

..... the learned financial commissioner did not have the jurisdiction to proceed under section 33 of the displaced persons (compensation and rehabilitation) act, 1954. thus, this argument is wholly misconceived and the same is rejected.13. learned additional advocate general has submitted that the displaced persons (compensation and rehabilitation) act, 1954 (hereinafter referred to as 'the act'), has been repealed and that no saving clause has been provided in regard to the ..... ) on account of urban evacuee agricultural land purchased from government of india in package deal.10. on the other hand the learned senior additional advocate general has argued that the statute i.e. displaced persons (compensation and rehabilitation) act, 1964, has been repealed by virtue of the notification dated 6.9.2005, therefore, the petition cannot be decided as no saving ..... not arise since no order directing refund of the amount has been passed on the date when rule 10 was omitted.17. in the instant case, the present petition would not be affected by the repeal of the act as the extraordinary jurisdiction of this court has been involved under article 226/227 of the constitution of india ..... and decree dated september 22, 1979 is under challenge before the civil court. however, the corrections made in the revenue record had been re-corrected on october 10, 1977. it has been further averred that the answering respondent is in actual physical possession of the land. it is also the plea of the respondents that .....

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Nov 09 1972

Holomal Vs. Union of India and Ors.

  • Decided on : 09-Nov-1972

Court : Delhi

Reported in : AIR1973Delhi238

..... d/59 (punj) were relied upon.4. the fourth respondent was still unsatisfied and applied to the central government under section 33 of the displaced persons (compensation & rehabilitation) act. 1954. the deputy secretary to the government of india exercising power under this section accepted the revision application and held that the rule. as applied by sh. parashotam sarup had been wrongly applied and ..... the cases to which this rule was to apply were cases of displaced persons who had been settled in the properties in question long before the rules were actually brought into force. the displaced persons (compensation & rehabilitation) act was passed in 1954 and the rules were made in 1955. but displaced persons were already occupants in evacuee property sometime between 1947 and 1955. it ..... is necessary to note that the section only applies to central acts or regulations and the rules made under the displaced persons (compensation and rehabilitation) act 1954. are neither a central act nor a regulation. even if one assumes that the rule is to be saved even after repeal to the extent provided by section 6 of the general clause act one would have to determine whether ..... the rules which finally existed at the time of the appeal.10. it may be recalled that section 6 of the general clauses act provides for the situation that arise when enactment are repealed. now rule 30 and rule 31 have been repealed. and the question is does this section have any bearing on the right of the petitioner? it .....

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Jul 16 2014

Present: Mr. G.S. Nagra Advocate Vs. Financ ...

  • Decided on : 16-Jul-2014

Court : Punjab and Haryana

..... .30 16:11 i attest to the accuracy and integrity of this document cwp no.8852 of 2014 4 afresh. however, this matter remained pending till the repeal of the displaced persons (compensation and rehabilitation) act, 1954. admittedly, issue in dispute is cancellation of land which was allotted in lieu of land left in pakistan and the land in dispute was sold before its ..... and secretary to govt., punjab and others.2011(1) plr110and held that protection under section 41 of the transfer of property act is sub servient to section 24 of the displaced persons (compensation & rehabilitation) act. section 41 of the transfer of property act, 1882 does not over-ride the provisions of section 24 of the displaced persons (compensation & rehabilitation) act. in view of this, the plea of bona fide purchaser is not available to ..... filed under articles 226/227 of the constitution of india for issuance of a writ in the nature of certiorari for quashing of order dated 13.08.2013 (annexure p/10).order dated 19.03.2013 (annexure p/8) passed by the financial commissioner, revenue, punjab - respondent no.1, order dated 15.03.2011 (annexure p/4) passed ..... of punjab package deal properties (disposal) amendment act, 2009 before respondent no.1, which has also been dismissed vide order dated 19.03.2013 (annexure p/8).thereafter, the petitioners preferred a review application before respondent no.1 which has also been dismissed vide order dated 13.08.2013 (annexure p/10).hence, this writ petition. i have heard .....

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Jul 21 2014

Jaisa Ram Vs.

  • Decided on : 21-Jul-2014

Court : Punjab and Haryana

..... .1 and for allowing petition dated 04.06.2009 (annexure p-4) filed under section 24 read kumar parveen 2014.07.30 12:10 i attest to the accuracy and integrity of this document cwp no.4758 of 2014 2 with section 25(2) of the displaced persons (compensation and rehabilitation) act, 1954 (in short '1954 act') whereby prayer for allotment of deficient land as per entitlement of the petitioner has ..... amended act, 2009 wherein period for filing claims has ..... properties (disposal) amendment act, 2009 (in short 'amended act, 2009).it needs to be mentioned that 1954 act has kumar parveen 2014.07.30 12:10 i attest to the accuracy and integrity of this document cwp no.4758 of 2014 4 already been repealed in the year 2005. the petitioner has claimed the relief by taking the benefit of provision of section 4-b of the ..... affected. the claim of the petitioner was rejected on 10.09.2001 and 1954 act was repealed in the year 2005. once the claim of the petitioner was rejected and he had not availed remedy of filing appeal or revision, whatever available to him in accordance with law, the petitioner cannot avail the benefit of amended act, 2009. otherwise also, the petitioner filed the claim .....

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Sep 23 2013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT Vs. State of Haryana and ot ...

  • Decided on : 23-Sep-2013

Court : Punjab and Haryana

..... 10.2001. the tehsildar (sales).gurgaon expressed his inability to provide land to the extent of 3 std. acres because of the stay order issued by the state government dated cwp no.14398 of 2010 -3- cwp no.821 of 2012 21.6.1996 though the managing officer was only having powers under section 20 of the displayed persons (compensation and rehabilitation) act, 1954 [for short the act ..... depletion in the compensation pool by the state functionaries depriving the unsatisfied claimants of their rightful claim. it is further alleged that by one of the claimant writ petition bearing cwp no.12666 of 1992 was filed in this court and respondent no.2, finding no defence, gave an undertaking that rehabilitation lands belonging to the displaced persons would be ..... allotted by the concerned managing officer, the functionaries under the act and on that basis of the undertaking, the writ petition was disposed of. while the application of the petitioners for restoration of the balance claim was pending, the act was repealed in the year cwp no.14398 ..... pending before the respondents who was obligated to decide it in accordance with the act of 1954, which was in operation at that time, but because of the procedural delay, the act of 1954 was repealed and in the meantime amended act of 2008 was introduced repealing the act of 1954 in which no provision has been made for restoration of land to the absentee .....

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Mar 13 2013

Kehar Singh Vs. State of Punjab and others

  • Decided on : 13-Mar-2013

Court : Punjab and Haryana

..... section 4-b, inserted vide punjab act no.5 of 2009, it would be appropriate to reproduce the same, which reads as under:- 4-b (1) a displaced person in whose favour, an order regarding entitled to property in lieu of the property, left in cwp no.5296 o 3. pakistan, was passed by any authority, appointed under the displaced persons (compensation and rehabilitation) act, 1954 since repealed ..... (hereinafter referred to as the repealed act of 1954) up to the 5th day of september, 2005 but the property was not allotted or the possession of the allotted property was not given ..... petitioner against the order dated 22.10.2009 (annexure p-3).rejecting the application of the petitioner for making up the deficiency in the allotted area. brief facts of the case are that petitioner claims himself to be a displaced person from pakistan. he further claims that treating his father to be a displaced person from pakistan, he was found entitled ..... however, his application was dismissed by respondent no.2 vide impugned order dated 22.10.2009, annexure p-3. dissatisfied, petitioner approached respondent no.2 by way of an appeal (annexure p-4) under section 4 b of the punjab package deal properties (disposal) act, 1976 (`the act' for short).however, appeal of the petitioner was also dismissed vide impugned order .....

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Nov 17 2006

Jagtar Singh Vs. The Chief Settlement Commissioner and Ors.

  • Decided on : 17-Nov-2006

Court : Himachal Pradesh

Reported in : 2006(3)ShimLC1

..... of the displaced persons (compensation and rehabilitation) act, 1954 (central act no. 44/1954) and because the said act had been repealed by the displaced persons claims and other laws repeal act, 2005 (central act no. 38/2005) and since there was no saving clause in the aforesaid repealing act, the revision petition was not maintainable.3. apparently, the learned financial commissioner (appeals) was not aware of section 6 of the general clauses act, 1897 (central act no. 10 of 1897 ..... , such repeal ..... ) which very clearly stipulates and lays down that despite repeal of any central act .....

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Oct 18 1972

Dev Raj Vs. The Union of India and Ors.

  • Decided on : 18-Oct-1972

Court : Punjab and Haryana

Reported in : AIR1974P& H65

..... of the rules has been repealed on 3rd august, 1963, the property in question could not be transferred to any one of the occupants and directed the same to be put to auction. an appeal filed by pt. dev raj to the chief settlement commissioner and a revision under section 33 of the displaced persons (compensation and rehabilitation) act, 1954, to the central government bore ..... may be transferred to a displaced person under section 10. (j) the procedure for the transfer of property out of the compensation pool and the manner of realisation of the sale proceeds or the adjustment of the value of the property transferred against the amount of compensation.27. it was in exercise of this power under section 40 that the displaced persons (compensation and rehabilitation) rules, 1955, were ..... learned chief justice for necessary orders in that respect.order of the full bench dated 18-10-1972.gurdev singh, j.12. this full bench is called upon to express its opinion on the effect of abrogation of rule 30 of the displaced persons (compensation and rehabilitation) rules, 1955. the precise question referred to us is:'will the rights of a claimant ..... , that each of the two contesting parties had applied for transfer of the house in question long before the coming into force of the displaced persons (compensation and rehabilitation) sixth amendment rules on august 10, 1963, that each of them had on one occasion or the other secured an order for transfer of the house in his favour, and that no subsisting .....

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Jul 09 1985

Gram Panchayat of Village Jamalpur Vs. Malwinder Singh and Ors.

  • Decided on : 09-Jul-1985

Court : Supreme Court of India

Reported in : AIR1985SC1394; 1985(2)SCALE35; (1985)3SCC661; [1985]Supp2SCR28; 1986(1)LC293(SC)

..... the interest, in such lands, of the muslims who migrated to pakistan is evacuee property which the central government has the right to allot under the provisions of the displaced persons (compensation and rehabilitation) act of 1954. on the other hand, the contention of the government of punjab and of the gram panchayats in punjab and haryana is that, by reason of the provisions of the ..... , of the evacuees vested in the custodian appointed by the state government. the central act of 1950 repealed the east punjab act 14 of 1947. under section 8(2) of the central act of 1950, the evacuee property which was vested in the custodian appointed by the state government order the repealed act, was to be deemed to be evacuee property declared as such under the central ..... , including the shamlat-deh lands, vest in the custodian appointed or deemed to be appointed under that act, the shamlat-deh lands vest in the panchayats under the provisions of the state act.10. the consequences of this repugnancy are self-evident. under the central act of 1950, the custodian is entitled to preserve and manage the interests of evacuees in all evacuee properties ..... operating in its own assigned field? what is the effect of the punjab act of 1953 on the central act of 1950? is it a case of peter robbing paul?21. in rattigan's 'digest of customary law in the punjab', in the introduction to chapter x (village common land) it is noted that within the territorial limits of every village some portion .....

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