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 The Court clarified that actions taken under the repealed Ordinance 12 of 1949 are deemed valid under the subsequent Ordinance and the Act due to the deeming provisions in Section 58(3). The Court concluded that the Deputy Custodian's order, although made under the repealed Ordinance, is to be treated as if it were made under the current Act, thus affirming the Custodian-General's authority in this matter.