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october 1955

Supreme Court of India · 1955-10-28

SADHU RAM vs THE CUSTODIAN-GENERAL OF EVACUEEPROPERTY.

Citation / case number
SC 1954/90320
Court
Supreme Court of India
Petitioner
SADHU RAM
Respondent
THE CUSTODIAN-GENERAL OF EVACUEEPROPERTY.
Bench
DAS, SUDHI RANJAN,BOSE, VIVIAN,JAGANNADHADAS, B.,IMAM, SYED JAFFER,AIYAR, N. CHANDRASEKHARA

Judgment text excerpt

The Supreme Court held that Section 5-A of the East Punjab Evacuees’ (Administration of Property) Act, 1947, while having retrospective effect, does not constitute deprivation of property under Article 31 of the Constitution. The Court reasoned that the requirement for confirmation of transactions involving evacuee property is a reasonable restriction rather than a deprivation. Consequently, the refusal of confirmation by the Custodian, based on a policy directive, does not violate any fundamental rights, and the application under Article 32 was dismissed.

SADHU RAM vs THE CUSTODIAN-GENERAL OF EVACUEEPROPERTY. · Niyam