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february 1961

Supreme Court of India · 1961-02-17

JUTE AND GUNNY BROKERS LTD.AND ANOTHER vs THE UNION OF INDIA AND OTHERS.(and connected appeals)

Citation / case number
SC 1957/60072
Court
Supreme Court of India
Petitioner
JUTE AND GUNNY BROKERS LTD.AND ANOTHER
Respondent
THE UNION OF INDIA AND OTHERS.(and connected appeals)
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court ruled that the requisition of goods under Rule 75A of the Defence of India Rules, 1939, can be executed by either taking possession or requiring the goods to be placed at the disposal of the requisitioning authority. The Court held that the mills, being in possession of the goods, were the proper parties to be served with the requisition orders, and that the notices of acquisition were invalid due to improper service. Consequently, the requisition orders were deemed valid, but the acquisition was not effective due to non-compliance with procedural requirements under Rule 75A(2).

JUTE AND GUNNY BROKERS LTD.AND ANOTHER vs THE UNION OF INDIA AND OTHERS.(and connected appeals) · Niyam