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Kewalram Vs. Collector of Madras

Kewalram vs Collector of Madras

Type Court Judgment Court Chennai Decided Feb 02, 1944
~1 min read
https://sooperkanoon.com/case/783580

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Citation
Court
Chennai
Decided On
Subject
civil; Property

Case Summary

AI-generated summary - not the official court judgment text.

- - We have already described the contention that the Land Acquisition Act stands in the way of requisition under the Defence of India Act, as an astonishing one and having heard the learned Advocate-General we are satisfied that the question is not one of interpretation of the Government of India Act, 1935, but e...

Key legal issue
civil; Property

Parties & Advocates

Appellant / Petitioner

Kewalram

Respondent

Collector of Madras

Legal References

Reported In
AIR1944Mad285

Excerpt

- - we have already described the contention that the land acquisition act stands in the way of requisition under the defence of india act, as an astonishing one and having heard the learned advocate-general we are satisfied that the question is not one of interpretation of the government of india act, 1935, but even if it did involve the interpretation of section 292, the question is not a substantial one.orderleach, c.j.14. mr. srinivasa ayyangar has applied for a certificate under section 205, government of india act, 1935, on the ground that his argument with regard to the land acquisition act, 1894, involves a substantial question of law as to the interpretation of the government of india act, 1935. he points to section 292, government of india act, which provides for the continuance of the existing laws until altered or repealed by a competent legislature or other competent authority, the land acquisition act has not been repealed, but this does not prevent the legislature passing the defence of india act, and there is difference between requisition and acquisition. we have already described the contention that the land acquisition act stands in the way of requisition under the defence of india act, as an astonishing one and having heard the learned advocate-general we are satisfied that the question is not one of interpretation of the government of india act, 1935, but even if it did involve the interpretation of section 292, the question is not a substantial one. the certificate must be refused.

Full Judgment

ORDER

Leach, C.J.

14. Mr. Srinivasa Ayyangar has applied for a certificate under Section 205, Government of India Act, 1935, on the ground that his argument with regard to the Land Acquisition Act, 1894, involves a substantial question of law as to the interpretation of the Government of India Act, 1935. He points to Section 292, Government of India Act, which provides for the continuance of the existing laws until altered or repealed by a competent Legislature or other competent authority, The Land Acquisition Act has not been repealed, but this does not prevent the Legislature passing the Defence of India Act, and there is difference between requisition and acquisition. We have already described the contention that the Land Acquisition Act stands in the way of requisition under the Defence of India Act, as an astonishing one and having heard the learned Advocate-General we are satisfied that the question is not one of interpretation of the Government of India Act, 1935, but even if it did involve the interpretation of Section 292, the question is not a substantial one. The certificate must be refused.

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