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march 1961

Supreme Court of India · 1961-03-08

DAFEDAR NIRANJAN SINGH AND ANOTHER vs CUSTODIAN, EVACUEE PROPERTY (PB.) AND ANOTHER.

Citation / case number
SC 1959/100
Court
Supreme Court of India
Petitioner
DAFEDAR NIRANJAN SINGH AND ANOTHER
Respondent
CUSTODIAN, EVACUEE PROPERTY (PB.) AND ANOTHER.
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that Section 58(3) of the Administration of Evacuee Property Act, 1950, applies to both administrative and judicial orders made by the Custodian of Evacuee Property. The Court ruled that the order dated June 6, 1949, releasing property could not be deemed to have been passed under subsequent Ordinances due to a break in the chain of fictions. Consequently, the order had attained finality under the earlier Ordinance and could not be revised under Section 27 of the Act, affirming the principles established in Indira Sohan Lal v. Custodian of Evacuee Property, Delhi.

DAFEDAR NIRANJAN SINGH AND ANOTHER vs CUSTODIAN, EVACUEE PROPERTY (PB.) AND ANOTHER. · Niyam