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Secretary of State for India Vs. Tarak Chandra Sadhukhan - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Judge
Reported in(1927)29BOMLR953
AppellantSecretary of State for India
RespondentTarak Chandra Sadhukhan
DispositionAppeal dismissed
Excerpt:
land acquisition act (i of 1894), section 3(a)-'land'-machinery on land-'permanently fastened'-calcutta improvement act (ben. act v of 1911), section 70.;in construing section 3(a) of the land acquisition act, 1894, the word 'permanently' is used as an antithesis to 'temporarily.';decree of the high court affirmed. - - their lordships do not think it necessary to add anything to what was so very well said by the president of the improvement tribunal, who has examined the facts with great accuracy......only say that it seems to them that the epithet 'permanently' is used as an antithesis to 'temporarily,' and that upon the facts as put by the learned president there can be no doubt that these attachments were anything but temporary and fall absolutely within the word 'permanently,' indeed, their lordships can only add that they wonder that such a case was appealed on behalf of the government.3. their lordships will, therefore, humbly advise his majesty that these appeals be dismissed with costs.
Judgment:

Viscount Dunedin, J.

1. This is really a most hopeless case for appeal. Their Lordships do not think it necessary to add anything to what was so very well said by the President of the Improvement Tribunal, who has examined the facts with great accuracy.

2. As far as the construction of the Act is concerned (and the construction of the Act is the only thing to be determined), their Lordships will only say that it seems to them that the epithet 'permanently' is used as an antithesis to 'temporarily,' and that upon the facts as put by the learned President there can be no doubt that these attachments were anything but temporary and fall absolutely within the word 'permanently,' Indeed, their Lordships can only add that they wonder that such a case was appealed on behalf of the Government.

3. Their Lordships will, therefore, humbly advise His Majesty that these appeals be dismissed with costs.


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