DR. MOHAMMAD SAHEB MAHBOOB MEDICO versus THE DEPUTY CUSTODIAN-GENERAL AND ANOTHER

DR. MOHAMMAD SAHEB MAHBOOB MEDICO versus THE DEPUTY CUSTODIAN-GENERAL AND ANOTHER

Section 22(b) does not contravene Article 14 of the Constitution, as the two groups are not similarly circumstanced and the provision operates as intended. Transfer of assets before declaration as intending evacuee can be considered under s. 22(b).

Parties
Appellant/petitioner: Dr. Mohammad Saheb Mahboob Medico; Respondents: The Deputy Custodian-General and Another
Jurisdiction
India
Judgment Date
25 April 1961
Procedural Posture
Civil Appeal and Petition Under Article 32 / Appeal by Special Leave and Writ Petition Hearing Before Supreme Court
Outcome
Appeal and Petition dismissed
Legal Topics
Equal Protection, Evacuee Property Act, Compensation for Displaced Persons
Constitutional Law Evacuee Property Law Equal Protection Evacuee Property Act Compensation for Displaced Persons

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Parties

Dr. Mohammad Saheb Mahboob Medico

Appellant/petitioner

The Deputy Custodian-General and Another

Respondents

Procedural Posture

Civil Appeal and Petition Under Article 32 / Appeal by Special Leave and Writ Petition Hearing Before Supreme Court

Legal Issues

  1. 1 Whether s. 22(b) of the Administration of Evacuee Property Act, 1950 contravenes Article 14 of the Constitution by denial of benefit to certain intending evacuees
  2. 2 Whether transfer of assets to Pakistan before declaration as 'intending evacuee' can be considered under s. 22(b) of the Act

Ratio Decidendi

Section 22(b) does not contravene Article 14 of the Constitution, as the two groups are not similarly circumstanced and the provision operates as intended. Transfer of assets before declaration as intending evacuee can be considered under s. 22(b).

Court Disposition

Appeal and Petition dismissed

Orders

  • Petition under Article 32 dismissed with costs
  • Appeal dismissed with costs