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

Citation: [1962] 2 S.C.R. 371 · Decided: 25-04-1961 · Supreme Court of India · Bench: P.B. GAJENDRAGADKAR · Disposal: Dismissed

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

2 S.C.R. SUPREME COURT REPORTS 
371 
register any transfer or transmission, the Central 
196 1 
Government may require the company to disclose to H 
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1t t e reasons or sue re usa , an on t e a1 ure or 
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refusal of the company to disclose such reasons, 
v. 
that Government may, notwithstanding anything 
Shyam Sundar 
contained in the articles of the company, presume 
J hunjhunwala 
that the disclosure, if made, wonld be unfavourable 
to the company." 
Hidayatullah ]. 
That would stop the blind man's buff under the un-
amended law! 
BY COURT. In view of the majority judgment of the 
Court, we quash the orders passed by the Central 
Government and direct that the appeals be reheard 
and disposed of according to law. Costs of these 
appeals will be costs in the appeals before the Central 
Government. 
DR. MOHAMMAD SAHEB MAHBOOB MEDICO 
v. 
THE DEPUTY CUSTODIAN-GENERAL AND 
ANOTHER 
(And Connected Petition) 
(P. B. GAJENDRAGADKAR, A. K. SARKAR, 
K. N. WANCHOO, K. C. DAS GUPTA and 
N. RAJAGOPALA AYYANGAR, JJ.) 
Evacuee Property-Two groups of persons, transferring assets 
to Pakistan during two different periods-Equal protection of laws 
-Declaration of evacuee property, when to be made-Administra-
tion of Evacuee Property Ordinance, 1949• s. 2(d)(iii)-Adminis-
tration of Evacuee Property Act, 1950, s. 22(b). 
The appellant was held to be an evacuee under s. 2(d)(iii) of 
the Administration of Evacuee Property Ordinance, 1949, and 
his property was declared to be evacuee property under s. 22 (b) 
of the Administration of Evacuee Property Act, 1950, on the 
ground that he had transferred a substantial portion of his 
assets to Pakistan. 
The relevant portion of s. 22(b) runs 
thus:-
April 25. 
372 
SUPREME COURT REPORTS 
[1962] 
1961 
"If the Custodian is satisfied, after such enquiry as may 
be prescribed, that the circumstances relating to any person, in 
Dr. Mohammad respect of whom a declaration has been made on the ground 
Saheb Mahboob that after the 14th day of August, 1947, and before the 
Medico 
lSth day of October, 1949, he bas transferred to Pakistan 
v. 
his assets or any part thereof situated in any part of the territo-
The Deputy 
ries to which this Act extends, are such as may be prescribed as 
Custodian-General constituting a preparation for his migration to Pakistan, the 
& Another 
Custodian may declare any property situated in the Sta !e in 
which such r,erson has any right or interest to be evacuee pro-
perty ........ . 
'[he contentions, inter alia, of the appellant were that (1) 
s. 22(b) contravened Art. 14 of the. Constitution and (2) that the 
circumstances as to the transfer of a substantial portion of his 
assets should relate to an act done after he was declared as an 
intending evacuee. 
Held, that the two groups of persons who transferred their 
assets between the 14th August, 1947, and the 18th October, 
1949 and persons who transferred their assets after the 18th 
October, 1949 were not similarly circumstanced and the denial 
of equal benefits to the two groups was not an infringement of 
equal protection of laws under Art. 14 of the Constitution. 
The circumstance of transfer of a substantial portion of 
assets was available for consideration for the purpose of an 
order under s. 22(b) whether or not the transfer took place 
before the person was declared as an intending evacuee or 
afterwards. 
CIVIL A.PPELI,ATE JURISDICTION: 
Civil Appeal No. 
456 of 1958. 
Appeal by special leave from the judgment and 
order dated May 10, 1957, of the Rajasthan High 
Court (Jaipur Bench) at Jaipur in D. B. Civil Refe-
rence No. 17 of 1956. 
WITH 
PETITION No. 87of1961. 
Petition under Art. 32 of the Constitution of India 
for enforcement of Fundamental rights. 
Bish.an Narain, and Govind Saran Singh, for the 
appellant/petitioner. 
N. S. Bindra and T. M. Sen, for the respondents. 
1961. April 25. 
The Judgment of the Court was 
delivered by 
2 S.C.R. SUPREME COURT REPORTS 
373 
DAS GUPTA, J.-On April 1, 1950, the Deputy Cus-
1961 
todian, Jaipur, made an order in proceedings institut-
Dr. Mohammad 
ed under s. 19 of the Administration of Evacuee saheb Mahboob 
Property Ordinance declaring the appellant Dr. 
Medfoo 
Mohammad Saeed a medical practitioner of Jaipur to 
v 
be an intending evacuee. By the same order a notice 
The. Deputy 
was directed to be issued to the respondent to show Custodian-General 
cause why he should not be declared to be

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