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 Act:displaced persons compensation and rehabilitation act repealed

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harmoniously so that all of them can apply to a given situation or whether any of them is repugnant to the other and is repealed by ...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harmoniously so that all of them can apply to a given situation or whether any of them is repugnant to the other and is repealed by implication to the extent of the repugnancy.2.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the effect in law is not that the other provisos of Section 14(1) of the Delhi Rent Control Act, 1958 are impliedly repealed by Section 29(1) of the Displaced Persons (Compensation and Rehabilitation) Act but rather that Section 29(1) prevails over them for the first two years of the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 repealed by Section 29(1) of the Displaced Persons (Compensation and Rehabilitation) Act but rather that Section 29(1) prevails over them for the first two years of the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 ...

Jul 28 2014

Mohinder Singh Vs. Union of India and others

  • Decided on : 28-Jul-2014

Court : Punjab and Haryana

... 2011 Displaced Persons (Compensation & Rehabilitation)Act, 1954 and other related Acts were repealed. 3.2.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 of the claimant, under Displaced Persons (Claims)Act, 1950. 3.3. Verified claims in which full compensation has ... Displaced Persons (ClaiMs.Act, 1950, in which right has accrued or has been acquired and which were pending as on 6.9.2005, the 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 ... Act:- 3.1 Unsatisfied verified claims filed under the Displaced Persons (ClaiMs.Act, 1950, in which right has accrued or has been acquired and which were pending as on 6.9.2005, the 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 ... . 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. ...

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. ...

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

... 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 ... 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) which very clearly stipulates and lays down that despite repeal ... 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) which very clearly stipulates and lays down that despite repeal of any Central Act ...

Apr 17 1979

Alexander v. HUD

  • Decided on : 17-Apr-1979

Court : US Supreme Court

... displaced persons" under the Fair Compensation Act, the Select Subcommittee included a special provision to preserve this program when the existing relocation legislation was repealed. The special benefits provision, 113 of the proposed Act, directed that persons who move "as the direct result of code enforcement activities undertaken in connection with an urban renewal project, or a program of voluntary rehabilitation ... repealed. The special benefits provision, 113 of the proposed Act, directed that persons who move "as the direct result of code enforcement activities undertaken in connection with an urban renewal project, or a program of voluntary rehabilitation of buildings or other improvements in accordance with an urban renewal plan" shall be deemed "displaced person ... Act reflected the limited scope of the term "displaced person." Section 310 of the Housing Act of 1964 provided relocation assistance in a few situations not involving governmental property acquisitions. See n 12, supra. In recognition that beneficiaries of this program would not be "displaced persons" under the Fair Compensation Act, the Select Subcommittee included a special provision to preserve this program when the existing relocation legislation was repealed ...

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 ...

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 ...

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

... 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 ... 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 ... 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 ... Repealing Act)' The Act, as its name shows, repealed the Baronetcy Act and, inter alia, revoked and extinguished 'the trusts, powers, provisions, declaration and purposes' declared and expressed in that Act. It provided for the vesting of the properties and funds in the Official Trustee, Bombay for the purpose of distributing them 'amongst the persons rightfully entitled thereto according to law'. Acting under the Repealing Act ...

Jan 09 2014

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

  • Decided on : 09-Jan-2014

Court : Punjab and Haryana

... Panchayat, 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 ... be relevant to refer to Section 2(g)(ii-a) of the Act which 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 ... 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 7.12.1984, after the commencement of Act, 1961 and before the cut ... 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 ...

Jul 16 2014

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

  • Decided on : 16-Jul-2014

Court : Punjab and Haryana

... .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 ... 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 cancellation. Petitioners are claiming property in dispute and the protection under the provisions of the Transfer of Property Act, 1882 being ... /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 ... Secretary Revenue, Punjab exercising the powers of Claims Commissioner under the Punjab Package Deal Properties (Disposal) Amendment Act, 2009 respondent No.2 and order dated 27.08.1981 (Annexure P/2) passed by Assistant Registrar(L)/Managing Officer, Rehabilitation Department, Punjab, Jalandhar respondent no.3. Brief facts of the case are that petitioners allegedly purchased ...

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