Welcome back to Caseon!
Log in today and discover expertly curated legal audios and how our AI-powered, tailor-made responses can empower you to navigate the complexities of your case.
Stay ahead of the curve—don’t miss out on the insights that could transform your legal practice!
As per case facts, the Custodian declared respondents' properties as evacuee property, an order later reversed on appeal by the Custodian due to insufficient evidence. The Custodian-General, invoking powers under
...the central Act, revised this order and mandated a fresh disposal. Subsequently, the Custodian again declared the properties as evacuee property, prompting respondents to appeal and file writ petitions with the High Court. The High Court concluded that the Custodian-General lacked revisionary jurisdiction and that appeals from the Custodian's final order were admissible to it, deeming the order erroneous. The question arose whether the Custodian-General had the jurisdiction to revise the Custodian's order and whether an appeal from the subsequent order lay to the High Court, considering the successive repeals of state acts by central legislation. Finally, the Supreme Court ruled that the High Court erred. It held that the Custodian-General possessed the necessary jurisdiction under the central Act to revise the Custodian's order, considering the legislative intent to establish a central organization for evacuee property management and the successive saving clauses. The Court further clarified that the right of appeal from the Custodian's order lay to the Custodian-General, not the High Court, as subsequent legislation had superseded the earlier appeal provisions by necessary intendment, providing an alternative forum.
Bench
Applied Acts & Sections
No Acts & Articles mentioned in this case
Source & Integrity Notice
This is a faithful reproduction of the official record from the e-Courts Services portal, extracted for research.
To ensure "Contextual Integrity," all AI insights must be cross-referenced with the official PDF,
which remains the sole authoritative version for judicial purposes.
This platform provides research aids, not legal advice; verify all content against the official Court Registry before legal use.
Legal Notes
Add a Note....