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Judgment Search Results Home  Phrase:displaced persons compensation and rehabilitation act repealed

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

... 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 administration of ... municipal corporation from dealing with and dispose of evacuee property, was declined. 30. lastly, it was contended that on 6.9.2005 enactment of a legislation called 'displaced persons claims and other laws repeal act, 2005' repealed all the five legislations relating to evacuee property, with the result, now nothing survives.31. considering the nature of controversy involved in the petition, in the interest of ... is also pending.20. thus, it is submitted by the learned counsel for the applicant-respondent no. 3 that notwithstanding the repeal of the evacuee interest (separation) act, 1951 and the administration of evacuee property act, 1950, by the displaced persons (claims & other laws) repeal act, 2005, the proceedings initiated by the applicant under the notification of 1951 are to be adjudicated upon as provided under section ...

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Oct 25 1971

Ram Das T. Chugani Vs. Wazir Chand Narang

  • Decided on : 25-Oct-1971

Court : Delhi

Reported in : AIR1972Delhi156

... ground during the first two years the effect in law is not that the other provisos of section 14(1) of the delhi rent control act, 1958 are impliedly repealed by section 29(1) of the displaced persons (compensation and rehabilitation) act but rather that section 29(1) prevails over them for the first two years of the tenancy. (harishankar bagla v. state of madhya pradesh, : 1954crilj1322 ... extent of the repugnancy.2. the appellant is the purchaser of a house in azadpur, delhi, from the compensation pool under section 20 of the displaced persons (compensation and rehabilitation) act, 1954. by virtue of the sale certificate he obtained title to the house with effect ... ) the transfer of property act, 1882, (2) the displaced persons (compensation and rehabilitation) act, 1954 and (3) the delhi rent control act, 1958 and similar legislation in other states. the question before us is whether these acts can b construed harmoniously so that all of them can apply to a given situation or whether any of them is repugnant to the other and is repealed by implication to the ...

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Jul 16 2014

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

  • Decided on : 16-Jul-2014

Court : Punjab and Haryana

... ., 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 the petitioners ... 2014.07.30 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 ... .1989 (annexure p/3).the matter remained pending before respondent no.3 and in the meantime, the displaced persons (compensation and rehabilitation) act, 1954 was kumar virender 2014.07.30 16:11 i attest to the accuracy and integrity of this document cwp no.8852 of 2014 3 repealed by government of india in the year 2005. the case came up for hearing before the claims ...

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Jan 23 2014

Haresh Chander Grover and others Vs. Chandgi Ram and others

  • Decided on : 23-Jan-2014

Court : Punjab and Haryana

... today. in reply to the application filed, the state has asserted that after the repeal of the displaced persons (compensation and rehabilitation) act, 1954, the state has enacted, new act namely the haryana evacuee properties (management and disposal) act, 2008. the price of the land allotted has to be as per the aforesaid act. it is further stated that the applicants have failed to accept the offer in its ...

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Dec 12 1978

Sir Fazalbhoy Currimbhoy and Ors. Vs. Official Trustee of Maharashtra ...

  • Decided on : 12-Dec-1978

Court : Supreme Court of India

Reported in : AIR1979SC687; (1979)3SCC189; [1979]2SCR699

... by defining the words 'the law relating to evacuee property' in clause (b) of section 2 of the repealing act to mean the administration of evacuee property act, 1950, the evacuee interest (separation) act, 1951, the displaced 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.24. the object in enacting sub-section (4) of section 7 of the repealing act ... which speaks of:27. relief and rehabilitation of persons displaced from their original place of residence by reason of the setting up of the dominions of india and pakistan.the repealing act received the assent of the president. in case of any repugnancy between the repealing act and the administration of evacuee property act, 1950, the former will prevail ... bombay for the purpose of distributing them 'amongst the persons rightfully entitled thereto according to law'. acting under the repealing act, the official trustee called upon persons claiming interest in the 'trust properties', an expression which includes the properties and funds settled and created under the baronetcy act, to submit their claims. as he found that the ...

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Jul 15 2011

Jalandhar Improvement Trust Vs. Vinod Kumar And Ors.

  • Decided on : 15-Jul-2011

Court : Supreme Court of India

... bhisti darwaja, civil lines, jalandhar. 13. the sub divisional magistrate, jalandhar passed an order dated 27.04.2007 holding that the case could not be decided in view of repeal of displaced persons (compensation rehabilitation) act, 1954 by the ministry of law and justice, legislative department, new delhi. 14. thereupon, the respondents herein filed a separate writ petition for quashing the order dated 27.04 ... of the present case. 6. the respondents, however, contended inter alia that they are in occupation of the said land by way of evacuee property as they were being displaced persons from pakistan. the said land was transferred to the improvement trust, jalandhar for the execution of 55.0 acres development scheme developed by the punjab government. the land acquisition collector ... have occupied the land in dispute in the year 1947, measuring 2-1/2 kanals in khasra no. 16693/6729 in the 55.0 acres development scheme as they were displaced persons from pakistan. on the other hand the appellant - improvement trust jalandhar has stated that respondents encroached the said land which belongs to the government. 5. an award was passed ... liable to be evicted would be gone into and decided although in a summary manner in the proceedings which were initiated against them. 20. since the evacuee property act, 1950 has been repealed, we see no justification in the order dated 30.04.2009 passed by the high court remanding back the matter to the settlement commissioner to consider the claim ...

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Jan 09 2014

***** Vs. State of Punjab and others

  • Decided on : 09-Jan-2014

Court : Punjab and Haryana

... , begowal and /or its successor. . after the remand, the case was adjourned sine die on account of the repeal of the displaced persons (compensation & rehabilitation) act, 1954 vide displaced persons claims and other laws repeal act, 2005 (no.38 of 2005).however, the punjab package deal properties (disposal) amendment act, 2009 came into force w.e.f.1.4.2009 and the financial commissioner, vide his order dated 12.5 ... reads that land was shamilat deh, but has been allotted on quasi-permanent basis to a displaced person, or, has been otherwise transferred to any person by sale or by any other manner whatsoever after the commencement of this act, but on or before the 9th day of july, 1985 .firstly there is no dispute that the land in question was allotted on ... the panchayat in such land shall cease and would vest in the allottee and the persons to whom the land has been sold. the only condition impressed upon is that the cwp no.21578 of 2010 (o&m) -8- consideration amount shall be deposited by the rehabilitation department with the department of rural development and panchayats for onward disbursement to the ... panchayat concerned. it is, thus, clear from the amended provision of the 1961 act that the legislature has recognised sales affected by the rehabilitation department even in respect of shamilat land and by virtue of a deeming provision, the defect, if any, in the action of the rehabilitation department to transfer property by way of sale etc.have been removed. following the ...

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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

... 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 clause has been provide in ... 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 ... dated june 22, 1983 passed by the learned financial commissioner exercising the powers under section 33 of the displaced persons (compensation and rehabilitation) act, 1954. the admitted fact is that the petition under section 33 of the displaced persons (compensation and rehabilitation) act, 1954 had been filed challenging the order dated may 3, 1979 vide which the sale had been ... 22, 1980 that the property was not package deal property. but having been acquired as urban evacuee agricultural land, was covered by the provisions of displaced persons (compensation and rehabilitation) act, 1954. this finding was never ever challenged by the petitioners. resultantly, the petitioners cannot turn about and say that the property is covered by ...

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Jul 28 2014

Mohinder Singh Vs. Union of India and others

  • Decided on : 28-Jul-2014

Court : Punjab and Haryana

... date on which the singh ravinder 2014.08.02 17:00 i attest to the accuracy and integrity of this document chandigarh -4- cwp no.354 of 2011 displaced persons (compensation & rehabilitation)act, 1954 and other related acts were repealed. 3.2. cases in which directions have been issued by various courts for settlement of claims filed, confirming that an acquired or accrued right exists in favour ... to the policy and rules of the government. petitioner further made representation before the commissioner. in response to the representation, tehsildar sales, faridabad reported to the commissioner that displaced persons (compensation and rehabilitation) act, 1954 had been repealed by the central government in 2005. commissioner, faridabad, rejected the representation of the petitioner vide order dated singh ravinder 2014.08.02 17:00 i attest to the ... of the claimant, under displaced persons (claims)act, 1950. 3.3. verified claims in which full compensation has not been given so far. 3.4. appeals and revision/review petitions filed against orders passed by the authorities prescribed under the repealed acts which are not yet to be disposed off .having identified the revival of the ...

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Jul 18 2014

Ashwani Kumar Munjal Vs. State of Punjab and another

  • Decided on : 18-Jul-2014

Court : Punjab and Haryana

... regarding entitlement to property in lieu of property, left in 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 to him, or ... have considered the rival contentions of learned counsel for the parties. the '1976 act' stands repealed. thereafter, punjab package deal properties (disposal) amendment act, 2009 came into force. its following sections are relevant for decision of this petition: 4-a. the package deal property may also be transferred to a displaced person in accordance with the provisions of sections 4-b, 4-c, 4-d ... and 4-e of the act. 4-b. (1) a displaced person in whose favour, an order ...

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