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february 1961

Supreme Court of India · 1961-02-20

THE CUSTODIAN OF EVACUEE PROPERTY,BANGALORE vs KHAN SAHEB ABDUL SHUKOOR, ETC.

Citation / case number
SC 1957/60071
Court
Supreme Court of India
Petitioner
THE CUSTODIAN OF EVACUEE PROPERTY,BANGALORE
Respondent
KHAN SAHEB ABDUL SHUKOOR, ETC.
Author
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,GUPTA, K.C. DAS
Bench
GAJENDRAGADKAR, P.B.,SARKAR, A.K.,SUBBARAO, K.,WANCHOO, K.N.,GUPTA, K.C. DAS

Judgment text excerpt

The Supreme Court examined the validity of proceedings taken under the Mysore Administration of Evacuee Property (Emergency) Act, 1949, and subsequent legislation, including the Administration of Evacuee Property Act, 1950. It held that the repeal of the earlier Act and the establishment of new appeal mechanisms did not invalidate prior orders made under the old law, as actions taken were deemed valid under the new provisions. The Court concluded that appeals to the High Court were not maintainable post-repeal, affirming the authority of the Custodian-General under the new framework.

THE CUSTODIAN OF EVACUEE PROPERTY,BANGALORE vs KHAN SAHEB ABDUL SHUKOOR, ETC. · Niyam