J.R. JANI AND ORS. versus AHMED EBRAHIM OF RANGOON

J.R. JANI AND ORS. versus AHMED EBRAHIM OF RANGOON

The respondent failed to establish, with credible evidence, the purchase of shares in Khatiawad Industries Ltd.; despite lack of initial notice, the opportunity to adduce evidence had been given at the revision stage, justifying the declaration of the company as evacuee property.

Parties
Appellants: J.R. Jani and Ors.; Respondent: Ahmed Ebrahim of Rangoon
Jurisdiction
India
Judgment Date
14 February 1996
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal From Division Bench of Gujarat High Court
Outcome
Appeals allowed. Writ Petition dismissed.
Legal Topics
Evacuee Property, Company Shares, Procedural Fairness Under Evacuee Property Act
Property Law Evacuee Property Company Shares Procedural Fairness Under Evacuee Property Act

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Parties

J.R. Jani and Ors.

Appellants

Ahmed Ebrahim of Rangoon

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal From Division Bench of Gujarat High Court

Legal Issues

  1. 1 Whether the declaration that Khatiawad Industries Ltd. is an evacuee property is illegal due to lack of notice and proof by respondent of share purchase.

Ratio Decidendi

The respondent failed to establish, with credible evidence, the purchase of shares in Khatiawad Industries Ltd.; despite lack of initial notice, the opportunity to adduce evidence had been given at the revision stage, justifying the declaration of the company as evacuee property.

Court Disposition

Appeals allowed. Writ Petition dismissed.

Orders

  • Writ Petition dismissed
  • No costs