Chennai Court November 1944 Judgments
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In Re: P.S. Venkatasubbier and anr.
Court: Chennai
Decided on: Nov-01-1944
Reported in: AIR1945Mad104
ORDERHappell, J.1. The petitioners are being prosecuted before the Second Additional First Class Magistrate, Trichinopoly, for failure to comply with an order requisitioning their paddy stocks issued by the grain purchase officer, Trichinopoly, an offence punishable Under Rule 75A (7), Defence of India Rules. The petitioners raised a number of preliminary objections to their trial which have been overruled by the Additional District Magistrate and the petitioners pray, in the petition now under consideration, that the order of the Additional District Magistrate be revised. Rule 75A, Defence of India Rules, provides that the Central or the Provincial Government may requisition any property, moveable or immovable; and the principal argument advanced in support of the petition is that the provision for requisitioning moveable property is ultra vires the Government of India Act, Section 102(1), Government of India Act, empowers the Governor-General, if he has declared by proclamation that ...
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