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july 2023

Supreme Court of India · 2023-07-19

STATE OF HIMACHAL PRADESH vs MEER BAKSH

Citation / case number
SC 2015/10720
Court
Supreme Court of India
Petitioner
STATE OF HIMACHAL PRADESH
Respondent
MEER BAKSH
Author
HON'BLE MR. JUSTICE ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court examined whether the property of Sultan Mohammad could be classified as evacuee property under the 1950 Act, given the admission that he never left for Pakistan and lived in Himachal Pradesh until 1983. The lower courts had set aside the declaration of the property as evacuee property based on this admission. The Court analyzed the facts and the legal provisions, ultimately emphasizing the importance of the evacuee status for property classification and the need for clear evidence of departure from India. The judgment underscores the significance of factual admissions and statutory definitions in property classification under the evacuee property laws.

STATE OF HIMACHAL PRADESH vs MEER BAKSH · Niyam