Niyam v2 is live — start for just ₹100 — 200 credits to try

may 1954

Supreme Court of India · 1954-05-14

THE DOMINION OF INDIA AND ANOTHER vs SHRINBAI A. IRANI AND ANOTHER.

Citation / case number
SC 1953/1439
Court
Supreme Court of India
Petitioner
THE DOMINION OF INDIA AND ANOTHER
Respondent
SHRINBAI A. IRANI AND ANOTHER.
Bench
MAHAJAN, MEHAR CHAND (CJ),DAS, SUDHI RANJAN,BHAGWATI, NATWARLAL H.,JAGANNADHADAS, B.,AIYYAR, T.L. VENKATARAMA

Judgment text excerpt

The Supreme Court interpreted clauses 2(3) and 3 of the Requisitioned Land (Continuance of Powers) Ordinance, 1946, holding that immovable property requisitioned under the Defence of India Act continued to be subject to requisition until the expiry of the Ordinance, regardless of the duration specified in the requisition order. The Court emphasized that the non obstante clause does not need to be co-extensive with the operative part of the section if it effectively limits the clear terms of the enactment. The appeal was dismissed, affirming the High Court's decision.

THE DOMINION OF INDIA AND ANOTHER vs SHRINBAI A. IRANI AND ANOTHER. · Niyam