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.