Law:

Section:

(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVBI of 1958)--Ss. 28 & 27---Offence regarding utilization of bogus compensation book for payment of transfer price of the house---Cognizance---Procedure---In the absence of a complaint by an authorised officer as provided under S. 28 of the Act, offence if any, committed could not be taken cognizance of by the Court. The allegation regarding utilization of bogus compensation book for payment of transfer price of the house was an offence which at the best amounted to misrepresentation under section 27 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 and was punishable for imprisonment for a term which may extend to three years or with fine or with both. However, an offence under section 27 of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 could only be taken cognizance of by a Court upon a complaint in writing made by an officer appointed under the Act, as provided under section 28 of the Act. In the present case no complaint whatsoever was ever made by the Settlement Authorities regarding misrepresentation or fraud or concealment of facts by way of a complaint under section 28 of the Act. In the absence of a complaint by an authorised officer as provided under section 28 of the Act, the offence if any committed could not be taken cognizance of by any Court. (b) Displaced Persons (Compensation and. Rehabilitation) Act (XXV11B of 1958)--- ----S. 28---Criminal Procedure Code (V of 1898), S. 249-A---Offence regarding utilization of bogus compensation book for payment of transfer price of the house---Cognizance by Court---Held, after acquittal of accused under 5.249-A, Cr.P.C. a second prosecution on the same charge was totally misconceived unless a complaint in writing was filed as required under S. 28, Displaced Persons (Compensation and Rehabilitation) Act, 1958. (c) Civil Procedure Code (V of 1908)--- ----Ss. 35-A & 151---Special costs---Award of---Contention that special costs could only be awarded in term of S. 35-A, C.P.C. was repelled---Where the High Court had come to a definite conclusion that proceedings initiated against respondent at the…

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