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march 1980

Supreme Court of India · 1980-03-28

NASIR AHEMED vs ASSISTANT CUSTODIAN GENERAL, EVACUEE PROPERTY U.P., LUCKNOW

Citation / case number
SC 1970/60033
Court
Supreme Court of India
Petitioner
NASIR AHEMED
Respondent
ASSISTANT CUSTODIAN GENERAL, EVACUEE PROPERTY U.P., LUCKNOW
Author
A.C. GUPTA
Bench
A.C. GUPTA

Judgment text excerpt

The Supreme Court held that the notice issued under Section 7 of the Administration of Evacuee Property Act, 1950, was invalid as it was based on a vague ground under clause (iii) of Section 2(d), while the declaration made was under clauses (i) and (ii). The Court emphasized that a valid notice is essential for jurisdiction, and the authority failed to apply its mind to relevant material before issuing the notice. Consequently, the declaration of the appellant as an evacuee was set aside, affirming that proceedings must adhere strictly to the grounds stated in the notice.

NASIR AHEMED vs ASSISTANT CUSTODIAN GENERAL, EVACUEE PROPERTY U.P., LUCKNOW · Niyam