Court : Punjab and Haryana
Reported in : AIR1969P& H207
..... no room for doubt that individual person's claim has to be dealt with separately from the claim originally verified in favour of the claimant's fasther. the same principle would apply to the matter in hand. the object of the act as contained in its preamble is to provide for payment of compensation and rehabilitation grants to displaced persons. in the absence of any specific ..... following question of law which calls for our decision in both these appeals.'whether the assessed value of individual claims of a displaced person for his urban immovable properties left behind in pakistan can be added up to the assessed value of the claims which might devolve upon him by inheritance from another persons in respect of properties left behind by such other person in pakistan; and ..... invoking and applying rule 18 for adding up the assessed value of the personal claims of a displaced person are:(i) that all the claims sought to be added up should be of the applicant himself: (ii) that all such claims as referred to above must be in respect of all kinds of properties other than agricultural land situated in a rural area: (iii) that the only ..... in the following passage:'the next contention relates to construction of the provisions contained in section 96 of the motor vehicle act. it is argued that section 96 (2) does not prohibit any defence open to the insurers under general law as defendants though it mentions some of them as illustrations and that sub-section (6) deals with 'manner' or procedure .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1972P& H109
..... displaced persons from west pakistan who got their claims verified and their verified claims have been satisfied in accordance with the scales prescribed in r. 16 read with appendix viii ibid. on this admission the question arises whether the petitioners have any locus standi to file this petition. 3. the learned counsel for the petitioners have referred to the preamble of the displaced persons (compensation and rehabilitation) act ..... . 5. the judgments of this court, which were mentioned in the order of reference made by the learned judges of the division bench, are not relevant on the point of law that we have decided above. in none of those cases the locus standi of the petitioners was contested. ram nath v. central govt. 62 pun lr 53=(air 1960 punj ..... petitioners are 26 in number and in para 1 of the petition they have stated that they are displaced persons from west pakistan and are now living in the state of punjab. some of them are claim-holders in respect of urban agricultural land and some are claim-holders for immovable property other than agricultural land, while others are lessees/sub-lessees of acquired evacuee urban agricultural ..... bal raj tuli, j. 1. this petition came up for hearing before my learned brother narula, j., on march 13, 1970, and it was referred to a larger bench on the ground that the question of law involved seemed to be of substantial importance and if the writ petition succeeded, it might have far-reaching consequences. in pursuance of that order, the .....Tag this Judgment!
Court : Chennai
Reported in : AIR1959Mad528; (1959)2MLJ313
..... no valid contract or permanent allotment. that position was further clarified before me by the learned additional government pleader. he stated that neither under the appropriate provisions of the displaced persons (compensation and rehabilitation) act, 1954 nor in the factual circumstances of the case was there any contract between the parties. both the parties therefore in effect stated that the order of cancellation ..... of the constitution. although the question whether the petitioner is entitled to the right claimed is not being decided by me, i am of opinion that he would be entitled to move the court under article 226 of the constitution as a person aggrieved. 11. in 11 halsbury's laws of england, simonds edn. at page 139, it is stated that the order of ..... ; and is deprived thereof by an inferior jurisdiction to proceed in a summary way, in such case he is entitled to a certiorari ex debito justitiae, because he has no other remedy, being bound by the judgment of the inferior judicature.' where the party aggrieved has by his conduct precluded himself from talking an objection, the court will not permit him ..... is no mention of the cancellation of the lease although the non-compliance with the conditions of the lease were adverted to in the preamble to the notice. the petitioner offered his explanation and was also given a personal hearing. it was found by the collector of central excise that one family was virtually running the business, and various allotments were obtained .....Tag this Judgment!
Court : Delhi
Reported in : ILR1975Delhi628
..... property- the situation was further aggravated in the years that followed on account of increasing population explosion and the influx of large number of displaced persons from the territories, now forming part of pakistan, in the wake of the partition of india and the consequent pressure on land in urban ..... underleases. section 116 deals with effect of holding over while section 117 provides for exemption of leases for agricultural purpose.(8) the act, according to its preamble, was intended to provide for the control of rents and evictions and of rates of hotels and lodging houses and for the lease ..... 1) of section 14 which was strenuously relied upon on behalf of respondents as constituting the ouster of the operation of the transfer of property act, was merely intended to ensure that the protection being given to the tenants against eviction by section 14 would ensure 'notwithstanding anything to the contrary contained in any other law ..... the lesser may re-enter, or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in : himself ; (or (3) the lessee is adjudicated an insolvent and the lease provides that the lesser may re-enter on ..... the various decisions referred to above, it could not be argued that section 14(1) of the act would have the effect of repealing or superseding the provisions of section 106 of the transfer of property act or that termination of the tenancy was not a pre-condition for an action for .....Tag this Judgment!
Court : Kolkata
Reported in : 2004(1)CHN10
..... provision of section 14(1)q(sic) is lost from the date, the amendment comes into effect.27. in ram narain, apex court was dealing with the effect of two special acts, namely banking companies act as amended in 1953 and displaced persons (debt adjustment) act, 1951 and the court found that both were special laws so the principle that special law overrides a general law does not govern ..... it appears from some of the judgments, considered in craies, that the headings constitute an important part of the act and may be read not only as explaining the sections, which immediately follow them, but the headings may be read as preamble to a statute and may be looked for that purpose to explain the enactment. the same can be considered as ..... the petitioner-society under the deleted provisions of law. two other judgments on which reliance was placed by the learned counsel for the petitioner are discussed below.30. the judgment in the case of bhagat ram sharma v. union of india, reported in : 1scr1034 , considered the distinction between an amendment and repeal of an act. while considering the distinction, the learned judges observed ..... the said heading in order to urge that the provisions of section 14(1)q(sic) are special in nature. this court accepts the said contentions. but, assuming the said provision to be special in nature, once they have been deleted from the statue(sic), no right can be claimed on the basis of such deleted provisions.26. the learned counsel for .....Tag this Judgment!
Court : Jammu and Kashmir
Reported in : AIR1983J& K55
..... woman not appearing in public to withdraw, remove or break open any lock, bolt or any door or do any other act necessary for the said purpose.section 8 provides for the claims by interested persons and is in these terms :--'claim by interested persons : (i) any person claiming any right to, or interest in, any property, which has been notified under section 6 as evacuee property, ..... the date he is asked to surrender the possession.4. in order to determine this question, it will be necessary to know the scheme and object of the act. by its preamble the act is intended to provide for administration of evacuee property in the jammu and kashmir state. by clause (c) of section 2 the expression 'evacuee' has been defined ..... allotted to displaced person. sections 15 and 16 provide for certain consequences emerging from the vesting of the property in the custodian. sections 17 to 24 make provisions for the penalties and procedures. sections 25 to 39 make provisions for miscellaneous matters including appeal, review, revision and the power of the government to make rules. section 40 repeals the previous act. section ..... property. (2) where immediately before the commencement of this act, any properly in the state had vested as evacuee property in any person exercising the powers of a custodian under any corresponding law in force in the state immediately before such commencement, the property shall, on the commencement of this act, be deemed to be evacuee property declared as such within .....Tag this Judgment!
Court : Karnataka
Reported in : AIR1964Kant84; AIR1964Mys84
..... known as hereditary offices. it is in this sense that i shall refer to a hereditary office in the discussion which remains.44. any other construction might be productive of difficulty. the existing laws governing existing village offices and which stand repealed by section 12 of the impugned act, are enumerated in schedule i to the act; and the acceptance of the suggested construction would continue many ..... year 1959 and a bill called the mysore hereditary village offices abolition bill, 1959, was published in the issue of the mysore gazette-bearing the date december 22. 1959. the preamble in that bill stated that it was expedient to abolish the 'hereditary village offices'. the essential part of the definition of a 'hereditary village office' was that it was an ..... is also the second, they, clearly are.25. now, our interpretation of the words 'held hereditarily' should be what promotes the purpose of the act in which they occur. it is clear from the preamble to the act that its aim is to abolish the posts of village offices which were 'held hereditarily' before the commencement of the constitution. can we understand those ..... endangered.64. that a claim to power to abolish even by legislation any sector of public service on the ground that posts in that segment of public service had been filled up by a method which did not commend itself subsequently could not be sustained, and, that persons appointed under a system of recruitment created by law cannot be displaced by the abolition of .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(5)BomCR489
..... nishita mhatre, j.1. this writ petition has been filed by the earthquake/project affected persons from koyna claiming a plot of land in mumbai for housing the displaced persons.2. after the earthquake in koyna in the year 1967 and the construction of the dam at koyna, several people living in koyna were rendered homeless. many of them ..... contempt petition against respondents as, according to the petitioners, despite interim relief granted by this court, whereby the respondents were injuncted from handing over the plot of land to any other society but the petitioners but the sanction was accorded to respondent no. 7 to construct buildings on the plot. respondent no. 7 having erected the buildings had committed gross ..... hope even leading to a moral obligation cannot amount to a legitimate expectation. the legitimacy of an expectation can be inferred only if it is founded on the sanction of law or custom or an established procedure followed in regular and natural sequence. again it is distinguishable from a genuine expectation. such expectation should be justifiably legitimate and protectable. every ..... petitioners rather than allotting the same to either respondent no. 6 or respondent no. 7. by not giving possession of the plot to the petitioners, the state government had acted to the detriment of the petitioners, thereby adversely affecting them. it is further submitted that the correspondence entered into by the petitioners with the state government aroused the petitioners expectation .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; Supp2SCR507
..... service but shall not include persons who were appointed before 1-11-1966. in other words, the persons appointed prior to 1-11-1966 are not governed by the provisions of the act and thereby they were not, in law, the members of the service. there was no saving provision with regard to their continued membership for retiral service conditions under the repealed rules except as mentioned in ..... decisions of this court in sehgal1 and chopra2 interpreting the rules of seniority which were in force and which stood repealed by the act itself. 182. the preamble to the act which is a key to the enactment clearly indicates that it is an act for consolidation of rules relating to different branches. it reads thus: to regulate the recruitment and conditions of service ..... partly dissenting judgment, the following as concurrent, it was held in para 373 at p. 715 that the foundation of indian political and social democracy, as envisioned in the preamble to the constitution, rests on justice, equality, liberty and fraternity in secular and socialist republic in which every individual has equal opportunity to strive towards excellence and of his dignity ..... this court had held that section 6-c could not be pressed into service by the original appellant for displacing the binding judgments rendered by the tribunal, the high court and the supreme court in the earlier tenancy proceedings wherein his claim for tenancy of the suit land had come to be repelled and those judgments became final and binding and .....Tag this Judgment!
Court : Andhra Pradesh
..... wherein there were two dates crucial for the purpose of the said statute, arose because the abolition of inams act, 1955 was repealed by a new act i.e., act 8 of 1967 and the act of 1967 was declared void and not protected by article 31a of the constitution of india by this court ..... presumption that the property in question is a private property and the same does not belong to the government. such a presumption can be displaced by the government only in a properly constituted civil proceeding. on these undisputed facts of the case, the ratio in the judgment of the ..... the ryots. the title to the regulation read : a regulation for declaring the proprietary right of the lands to be vested in individual persons. the preamble, inter alia, stated that the idea was to grant the zamindars and landholders their heirs and successors, permanent property in land in all the ..... law. (13) the entries in tslr do not constitute conclusive proof of title. (14) where there is a bonafide dispute regarding title of a person in possession of the lands other than public roads, streets, bridges or the bed of the sea or the like, summary proceedings under the 1905 act cannot be initiated. in all such cases, the government which claims ..... connection with approval of building plan by the municipal corporation of hyderabad was rejected by the joint collector, hyderabad, vide proceedings dated 31-8-2005 on the ground that the land was shown as gvm drain in the tslr. after the death of her mother, the petitioner made an .....Tag this Judgment!