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august 2008

Supreme Court of India · 2008-08-29

LAHORIMAL JETHANAND vs MANAGING OFFICER/TAHSILDAR, JALNA

Citation / case number
SC 2006/1172
Court
Supreme Court of India
Petitioner
LAHORIMAL JETHANAND
Respondent
MANAGING OFFICER/TAHSILDAR, JALNA
Author
S.B. SINHA,CYRIAC JOSEPH, , ,
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that the jurisdiction of Civil Courts is barred under Section 36 of the Displaced Persons (Compensation and Rehabilitation) Act, 1954 and Section 46 of the Administration of Evacuee Property Act, 1950, regarding matters that these statutes empower the Central Government or designated authorities to determine. The Court found that the High Court erred in directing the appellant to file a civil suit for possession of property, as such matters fall under the exclusive jurisdiction of the specified authorities. Consequently, the Supreme Court set aside the High Court's order and remitted the matter for fresh consideration on merits.

LAHORIMAL JETHANAND vs MANAGING OFFICER/TAHSILDAR, JALNA · Niyam