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Kewalram Vs. Collector of Madras - Court Judgment

LegalCrystal Citation
Subject civil; Property
CourtChennai
Decided On
Reported inAIR1944Mad285
AppellantKewalram
RespondentCollector of Madras
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......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to section 292, government of india act, which provides for the continuance of the existing laws until altered or repealed by a competent legislature or other competent authority, the land acquisition act has not been repealed, but this does not prevent the legislature passing the defence of india act, and there is difference between requisition and acquisition.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.....
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to Section 292, Government of India Act, which provides for the continuance of the existing laws until altered or repealed by a competent Legislature or other competent authority, The Land Acquisition Act has not been repealed, but this does not prevent the Legislature passing the Defence of India Act, and there is difference between requisition and acquisition.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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