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.