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PETITIONER: THE DOMINION OF INDIA AND ANOTHER
Vs.
RESPONDENT: SHRINBAI A. IRANI AND ANOTHER.
DATE OF JUDGMENT: 14/05/1954
BENCH: BHAGWATI, NATWARLAL H. BENCH: BHAGWATI, NATWARLAL H. MAHAJAN, MEHAR CHAND (CJ) DAS, SUDHI RANJAN JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1954 AIR 596 1955 SCR 206 CITATOR INFO : R 1955 SC 765 (33) RF 1956 SC 105 (6) MV 1971 SC 530 (374) F 1983 SC 259 (18) RF 1987 SC 117 (40) RF 1992 SC 81 (11)
ACT: Requisitioned Land (Continuance of Powers) Ordinance, 1946 (XIX of 1946), cls. 2(3) and 3-Effect thereof on the existing requisition order in respect of immovable property- Non obstante clause--Interpretation of.
HEADNOTE: Three shoprooms were requisitioned on April 15, 1943, under the Defence of India Rules and the requisition order inter alia stated that is the said requisitioned property shall be continued in requisition during the period of present war and six months thereafter or for such shorter period as may be specified by the Food Controller, Bombay........ Held, that on a plain and grammatical construction of cls. 2(3) and 3 of Ordinance XIX of 1946, the immoveable property which when the Defence of India Act expired on the 30th September, 1946, was subject to any requisition order effected under the Act and the rules thereunder, continued to be subject...