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february 1972

Supreme Court of India · 1972-02-04

DAUD AHMED vs DISTRICT MAGISTRATE, ALLAHABAD & ORS.

Citation / case number
SC 1971/60266
Court
Supreme Court of India
Petitioner
DAUD AHMED
Respondent
DISTRICT MAGISTRATE, ALLAHABAD & ORS.
Author
SIKRI, S.M. (),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH
Bench
SIKRI, S.M. (CJ),GROVER, A.N.,RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH

Judgment text excerpt

The Supreme Court ruled that the requisition order under Section 3 of the U.P. (Temporary) Accommodation Requisition Act, 1947 was invalid as it was issued without providing the petitioner an opportunity to be heard, violating the principles of natural justice. The Court emphasized that the right to a fair hearing is a fundamental aspect of due process, particularly in matters affecting property rights. Consequently, the requisition order was quashed, restoring possession of the premises to the petitioner.

DAUD AHMED vs DISTRICT MAGISTRATE, ALLAHABAD & ORS. · Niyam