The court held that the legislative intent of the amended Section 40 of the Administration of Evacuee Property Act, 1950 independent of Section 7A, to be that transfers by evacuees on or after 7-5-1954 could not be made ineffective nor would permission of the Custodian be necessary to validate such transfers. The validity of a transfer by an evacuee after 7-5-1954 cannot in any view of the matter determine the date upon which the Administration of Evacuee Property (Amendment) Act of 1954 is deemed to have commenced for the purposes of the second proviso to S. 7A. It was also clarified that the Administration of Evacuee Property (Amendment) Act, 1954 commenced on the date it was assented to by the President.
Begum Noor Banoo vs Custodian, Evacuee Property
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