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october 1965

Supreme Court of India · 1965-10-11

BISHAMBAR NATH KOHLI AND OTHERS vs STATE OF UTTAR PRADESH AND OTHERS

Citation / case number
SC 1964/90563
Court
Supreme Court of India
Petitioner
BISHAMBAR NATH KOHLI AND OTHERS
Respondent
STATE OF UTTAR PRADESH AND OTHERS
Author
GAJENDRAGADKAR, P.B. (),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAHC.,SIKRI, S.M.
Bench
GAJENDRAGADKAR, P.B. (CJ),WANCHOO, K.N.,HIDAYATULLAH, M.,SHAH, J.C.,SIKRI, S.M.

Judgment text excerpt

The Supreme Court held that the Custodian-General had the jurisdiction to entertain a revision application under Section 27 of the Administration of Evacuee Property Act, 1950. The Court clarified that actions taken under the repealed Ordinance 12 of 1949 are deemed valid under the subsequent Ordinance and the Act due to the deeming provisions in Section 58(3). The Court concluded that the Deputy Custodian's order, although made under the repealed Ordinance, is to be treated as if it were made under the current Act, thus affirming the Custodian-General's authority in this matter.

BISHAMBAR NATH KOHLI AND OTHERS vs STATE OF UTTAR PRADESH AND OTHERS · Niyam