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april 1961

Supreme Court of India · 1961-04-25

DR. MOHAMMAD SAHEB MAHBOOB MEDICO vs THE DEPUTY CUSTODIAN-GENERAL ANDANOTHER(And Connected Peti

Citation / case number
SC 1958/190
Court
Supreme Court of India
Petitioner
DR. MOHAMMAD SAHEB MAHBOOB MEDICO
Respondent
THE DEPUTY CUSTODIAN-GENERAL ANDANOTHER(And Connected Peti
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA

Judgment text excerpt

The Supreme Court upheld the declaration of the appellant as an evacuee under Section 2(d)(iii) of the Administration of Evacuee Property Ordinance, 1949, and the subsequent classification of his property as evacuee property under Section 22(b) of the Administration of Evacuee Property Act, 1950. The Court ruled that the distinction between individuals who transferred assets before and after October 18, 1949, did not violate Article 14 of the Constitution, affirming that the circumstances of asset transfer could be considered regardless of the timing relative to the evacuee declaration. The appeal was dismissed, affirming the lower court's decision.

DR. MOHAMMAD SAHEB MAHBOOB MEDICO vs THE DEPUTY CUSTODIAN-GENERAL ANDANOTHER(And Connected Peti · Niyam