Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1979 Kera/a Cashew Factories (Requisitioning) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kera/a Cashew Factories (Requisitioning) Act, 1979, as amended by Act No.26 of 1985 - s.3 - Requisition and acquisition - Difference between - Discussed - s.3 of the Act empowered the State Government to requisition cashew factories leased to Kerala State Cashew Development Corporation for maximum period of five years - Amending Act of 1985 purportedly removed the limitation of five years and enabled the State Government to requisition such cashew factories for an indefinite period of time - Challenge to - Held: The State cannot under the guise of requisition continue dominion over someone's property for an indefinite period of time, because that would be a fraud on the power conferred on the government - If the Government wants to take over the property for an indefinite period of time, the Government must acquire the property - The power of requisitioning would be upheld, if it is to be exercised for a temporary duration, which is limited either in terms of time or by reason of a contingency - Constitutionalism - Colourable legislation. Section 3 of the Kerala Cashew Factories (Requisitioning) Act, 1979 empowered the State Government to requisition cashew factories leased to , • .. Kerala State Cashew Development Corporation for a maximum period of five years. The Amending Act of 1985 (Act No. 26 of 1985) purportedly removed the limitation of five years and enabled the State Government to requisition such cashew factories for an indefinite period of time. In the instant appeals, the question which arose for consideration was whether where any statute empowered the State to continue to extend a requisition order for an indefinite period, it is an order for acquisition and, therefore, a colourable exercise of power which is not available to the State under the Act. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 354 |
Petitioner | Kerala State Cashew Development Corporation |
Respondent | Shahal Hassan Mussaliar & Anr. |
SCR | [2009] 4 S.C.R. 419 |
Judgement Date | 2009-03-16 |
Case Number | 8247 |
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