INDIRA SOHANLAL versus USTODIAN OF EVACUEE PROPERTY, DELHI & OTHERS.

INDIRA SOHANLAL versus USTODIAN OF EVACUEE PROPERTY, DELHI & OTHERS.

Applications pending on the commencement of the Administration of Evacuee Property Act, 1950, even if made under the previous law, must be dealt with under the new Act, and orders made thereunder are subject to the revisional power of the Custodian-General; no vested right to a procedure with finality is acquired merely by filing such an application.

Parties
Appellant: Indira Sohanlal; Respondents: Custodian of Evacuee Property, Delhi & Others
Jurisdiction
India
Judgment Date
28 October 1955
Procedural Posture
Civil Appeal / Supreme Court Civil Appellate Jurisdiction, Appeal by Special Leave Against the Order of the Custodian General of Evacuee Property Dated 20 May, 1953
Outcome
Appeal allowed; order of the Custodian-General set aside; remanded for fresh consideration; no order as to costs.
Legal Topics
Evacuee Property, Revisional Powers of Custodian General, Vested Rights Upon Repeal/re Enactment of Statutes, Applicability of General Clauses Act, S.6, Finality of Orders Under Repealed Act
Property Law Administrative Law Evacuee Property Revisional Powers of Custodian General Vested Rights Upon Repeal/re Enactment of Statutes Applicability of General Clauses Act, S.6 Finality of Orders Under Repealed Act

Case Brief

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Parties

Indira Sohanlal

Appellant

Custodian of Evacuee Property, Delhi & Others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Civil Appellate Jurisdiction, Appeal by Special Leave Against the Order of the Custodian General of Evacuee Property Dated 20 May, 1953

Legal Issues

  1. 1 Whether the Custodian-General had revisional power under the Administration of Evacuee Property Act, 1950 over a confirmation order passed under earlier law, when the application for confirmation was pending at the time of legislative change.
  2. 2 Whether the order of the Custodian-General on merits warranted interference by the Supreme Court.

Ratio Decidendi

Applications pending on the commencement of the Administration of Evacuee Property Act, 1950, even if made under the previous law, must be dealt with under the new Act, and orders made thereunder are subject to the revisional power of the Custodian-General; no vested right to a procedure with finality is acquired merely by filing such an application.

Court Disposition

Appeal allowed; order of the Custodian-General set aside; remanded for fresh consideration; no order as to costs.

Orders

  • The order of the Custodian-General is set aside.
  • The case is remanded to the Custodian-General for reconsideration and disposal in light of this judgment.