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october 1955

Supreme Court of India · 1955-10-28

INDIRA SOHANLAL vs CUSTODIAN OF EVACUEE PROPERTY,DELHI & OTHERS.

Citation / case number
SC 1954/90319
Court
Supreme Court of India
Petitioner
INDIRA SOHANLAL
Respondent
CUSTODIAN OF EVACUEE PROPERTY,DELHI & OTHERS.
Bench
DAS, SUDHI RANJAN,BOSE, VIVIAN,JAGANNADHADAS, B.,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court held that Section 6 of the General Clauses Act, 1897, does not apply to the case as Section 58(3) of the Administration of Evacuee Property Act, 1950, is a self-contained provision indicating the intention to exclude its operation. The Court ruled that the right to a determination with finality does not constitute a vested right until the determination is made. The Court distinguished previous cases and clarified that the repeal of the old law does not affect future operations under the new law, affirming the Custodian-General's authority to revise the Additional Custodian's order.

INDIRA SOHANLAL vs CUSTODIAN OF EVACUEE PROPERTY,DELHI & OTHERS. · Niyam