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Search Results Judgments > Act:displaced persons compensation and rehabilitation act repealed

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

... have recognised that frequently and Act purporting to be an amendment has the same qualitative effect as a repeal-the abrogation of an existing statutory provision-and have therefore applied the term 'implied repeal' and the rules of construction applicable to repeals to such amendments.'36. By the Sixth Amendment of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, rules 30 ... has been repealed on 3rd August, 1963, the property in question could not be transferred to any one of the occupants and directed the same to be put to auction.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 ... 'implied repeal' and the rules of construction applicable to repeals to such amendments.'36. By the Sixth Amendment of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, rules 30 and 31 have been omitted Rule 30, with which we are concerned in this case and which has been reproduced earlier, relates to the payment of compensation to a displaced person ... repeals to such amendments.'36. By the Sixth Amendment of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, rules 30 and 31 have been omitted Rule 30, with which we are concerned in this case and which has been reproduced earlier, relates to the payment of compensation to a displaced person by allotment of acquired evacuee property which is in possession of more than one person ...

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

... Act, 1976, and therefore, 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that the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act'), has been repealed ... Rehabilitation (d) 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 ... Displaced Persons (Compensation and Rehabilitation) Act, 1954. It may be noticed that respondent No. 2 had earlier challenged the transfer of the land measuring 2 Kanals 2 Marlas by way of a petition under Section 15 of the Punjab Package Deal vroperties (Disposal) Act, 1976 read with Section 33 of the Displaced Persons (Compensation and Rehabilitation) Act ...

Mar 29 1957

Amar Singh Vs. Custodian, Evacuee Property, Punjab

  • Decided on : 29-Mar-1957

Court : Supreme Court of India

Reported in : AIR1957SC599; [1957]1SCR801

... the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (XLIV of 1954). By s. 12 of this Act it is provided as follows : 'If the Central Government is of opinion that it is necessary to acquire any evacuee property for a public purpose, being a purpose connected with the relief and rehabilitation of displaced persons, including payment of compensation to such persons, ... by subsequent legislation and the rules framed thereunder. 17. Now the East Punjab Evacuee Property Administration Acts were repealed and replaced by Central Ordinance XXVII of 1949 and Central Act XXXI of 1950. Both the Central Ordinance and Central Act had each a section, s. 53 and s. 55 respectively, under which the Central Government ... the Central Government called the Displaced Persons Compensation and Rehabilitation Rules, 1955, published by notification dated May 21, 1955. Rules 71 and 73 relate to verified claims which do not seem to refer to agricultural lands. 'Verified claims' relate to urban immovable property as the definition thereof in the Displaced Persons (Claims) Act, 1950 (XLIV of 1950) shows ... compensation' referred to in s. 10, in so far as it relates to a displaced person, obviously refers to the compensation for loss of his property in Pakistan and is not the recognition of a right to compensation for deprivation of his interest, if any, in the allotted property by cancellation. Rules have been made by the Central Government called the Displaced Persons Compensation and Rehabilitation ...

Oct 25 1971

Ram Das T. Chugani Vs. Wazir Chand Narang

  • Decided on : 25-Oct-1971

Court : Delhi

Reported in : AIR1972Delhi156

... 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 ... 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 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, ... 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 ... 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 ). For the same reason, the landlord cannot even try to evict a tenant by terminating his contractual tenancy under Section 106 of the Transfer of Property Act ...

Nov 09 1972

Holomal Vs. Union of India and Ors.

  • Decided on : 09-Nov-1972

Court : Delhi

Reported in : AIR1973Delhi238

... 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 ... repeal itself. In view of the fact that the petitioner is only entitled to get his compensation under the Act. I would have that the petitioner right did not extend to anything more than getting his compensation in accordance with the Act. This means a that compensation could be paid to him under Section 8 of the displaced personal (Compensation and Rehabilitation) Act ... Writ No. 444-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 ... No. 54 under the provision of the Displaced Persons (Compensation and Rehabilitation) Act, 1954. The petitioner was a claimant whereas the other occupant of the quarter, Shri Hirdho Mal, respondent No. 4 was a non-claimant. The relevant rules for transfer of this property were contained in the Displaced Persons (Compensation & Rehabilitation) Rules. 1955, in Rules 30 and 31. ...

Dec 12 1958

Hind Iran Bank Ltd. Vs. Ishar Singh Narain Singh

  • Decided on : 12-Dec-1958

Court : Punjab and Haryana

Reported in : AIR1960P& H111; [1960]30CompCas219(P& H)

... Act.Shri D. N. Awasthy, learned counsel for the Bank, concedes this but submits that apart from the provisions of the Displaced Persons (Compensation and Rehabilitation) Act (44 of 1954), the provisions contained under sections 16 and 52 of the Displaced Persons (Debts Adjustment) Act (70 of 1951), are attracted and they are independent of section 6 of the Displaced Persons (Compensation and Rehabilitation) Act. Shri Awasthy maintains that under section 16 of Act ... Acts are not repealed by general Acts unless there is some express reference to the previous legislation, or a necessary inconsistency in the two Acts standing together. It is not a case of a contest between a prior special Act and a subsequent general Act. Both Acts, the Displaced Persons (Debts Adjustment) Act of 1951, and the Banking Companies (Amendment) Act of 1953, are special Acts and a special Act may be impliedly repealed ... Rehabilitation) Act (44 of 1954), the provisions contained under sections 16 and 52 of the Displaced Persons (Debts Adjustment) Act (70 of 1951), are attracted and they are independent of section 6 of the Displaced Persons (Compensation and Rehabilitation) Act. Shri Awasthy maintains that under section 16 of Act 70 of 1951 the petitioner Bank has elected to retain its security and has prayed for passing of payment order chargeable on compensation ...

Mar 22 1977

Shri 108 Swami Ganesh Dass Ji Udasin Vs. Chief Settlement Commissioner ...

  • Decided on : 22-Mar-1977

Court : Delhi

Reported in : ILR1977Delhi171

... the net value of the amount of compensation was made under section 7 of the Compensation Act on 15th April, 1957, vide order copy, Annexure J, on the basis of the scale of compensation prescribed by Rule 16 of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955. That being so, the verified claim of the petitioner under the Claims Act being in respect of property ... repealed the Displaced Persons (Claims) Ordinance 1950 (V of 1950 earlier passed on 19th January 1950, to provide for the registration and verification of claims of displaced persons in respect of their immovable property in Pakistan. The provisions of the Ordinance were practically the same as the provisions of the Claims Act which replaced it). It would thereforee be seen that the Act ... to receive a net compensation in the sum of Rs. 1,31,992 vide annexure 'J' in accordance with Rule 16 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, framed under the Compensation Act it was not open to the Chief Settlement Commissioner in the exercise of his suo motu power of revision contemplated by section 24 of the Compensation Act to revise ... having been verified under the Claims Act vide Annexures to I and it having been, held that the petitioner was entitled to receive a net compensation in the sum of Rs. 1,31,992 vide annexure 'J' in accordance with Rule 16 of the Displaced Persons (Compensation and Rehabilitation) Rules, 1955, framed under the Compensation Act it was not open to the ...

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)

... Rehabilitation Department of the Central Government loses its power to allot such lands, to the extent of the evacuee interest therein, to displaced persons in order to satisfy their claims under the Displaced Persons (Compensation and Rehabilitation) Act, 1954. Such properties, therefore, cannot form part of the Compensation pool. Nor can these properties, to the extent of the surplus remaining after allotment to displaced persons ... the Custodian appointed by the State Government. That Act, like similar Acts passed by the ether State Legislatures, was repealed and replaced by an Act passed by the Parliament, viz; the Administration of Evacuee Property Act, 1950, to which we will refer as the 'Central Act of 1950'. That Act came into force on April 17, 1950. ... 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 Punjab Act of 1953, the interest of all persons, whether Hindus, Sikhs or Muslims, in the Shamlat-deh lands stood extinguished and those lands were placed by the said Act ... would have no right to allot them for the separate or exclusive use of displaced persons who migrated to India after the partition of the country. If no allotment could be made by the Custodian under the Displaced Persons (Compensation and Rehabilitation) Act of 1954, there would be no question of any surplus land, consequently, no occasion ...

Feb 24 1984

State of Rajasthan and 10 Ors. Vs. Asharam and Anr.

  • Decided on : 24-Feb-1984

Court : Rajasthan

Reported in : 1984WLN165

... Act, 1950 (hereinafter referred to as 'the Central Act'). The Government of India later issued a notification under the provisions of Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act'), declaring that evacuee agricultural lands situated in various village in Rajasthan would stand acquired by the Central Government and shall form part of the compensation ... vesting under Section 8 (2) of Ordinance XXVII of 1946 or Section 8 (2) of the Act, which repealed the Ordinance; (3) makes the decrees and judgments to the contrary of any court in regard ... Act'). The Government of India later issued a notification under the provisions of Section 12 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act'), declaring that evacuee agricultural lands situated in various village in Rajasthan would stand acquired by the Central Government and shall form part of the compensation pool. After the notification was issued under Section 12 of the Act ... Displaced Persons (Compensation and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act'), declaring that evacuee agricultural lands situated in various village in Rajasthan would stand acquired by the Central Government and shall form part of the compensation pool. After the notification was issued under Section 12 of the Act, the lands in dispute came to be vested in the Central Government and then formed part of the compensation ...

May 11 2012

Shri Shaikh Mohammad Murghay Adult and Another Vs. State of Maharashtr ...

  • Decided on : 11-May-2012

Court : Mumbai

... Rehabilitation, Government of Maharashtra under Section 33 of the Displaced Persons Compensation and Rehabilitation Act, 1954 (for short Act of 1954). 3. The facts which has given rise for filing of this petition in nutshell and as stated by the learned counsel for the petitioners are as follows: (I) By a Notification dated 17.8.1950 issued under Section 7 of the Administration of Evacuee Property Act ... that Section 6(e) of the General Clauses Act, 1897 saves the legal proceedings and permits its continuation, despite repeal of the parent Act. That the review petition was pending at the time of repeal of the Act and by virtue of Section 6(e) of the General Clauses Act, the pending proceeding were continued and decided. ... Commissioner and the Sanad has also been issued in favour of the Displaced Person. I am therefore inclined to believe that my Authority to exercise jurisdiction in my capacity as the Chief Settlement Commissioner under Section 24 of the Displaced Persons (Compensation and Rehabilitation Act), 1954 requires confirmation orders of the Competent Court or any other Authority ... Displaced Persons (Compensation and Rehabilitation Act), 1954 requires confirmation orders of the Competent Court or any other Authority which is competent to decide this issue finally. In view of these observations and also in the interest of justice it is proper and worthwhile for me to stop proceeding further in the matter as per the notice issued under Section 24(2) of the D.P. Act ...

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