Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether the jurisdiction of the civil court was barred under sections 28 and 46 of the Administration of Evacuee Property Act, 1950 in a suit challenging an evacuee-property declaration and asserting title to the property.
Analysis: The Act was held to be a self-contained code for matters relating to evacuee property. Section 7 empowers the Custodian to determine whether a person is an evacuee and whether the property belongs to that person, and that determination may involve questions of fact as well as law, including questions of title. The scheme of appeal and revision under sections 24 and 27, together with the finality clause in section 28, shows that the statutory authorities are intended to conclusively decide such matters. Section 46 expressly bars civil and revenue courts from entertaining or adjudicating upon any question whether any property or any right or interest in property is or is not evacuee property.
Conclusion: The civil court had no jurisdiction, and the suit was not maintainable.