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1951 Supreme(P&H) 106

WESTON, D.FALSHAW
Shyam Krishen – Appellant
Versus
State Of Punjab – Respondent


Judgment

Falshaw, J.

1. This judgment will deal with Civil Writs Nos. 270 of 1950, 640 of 1950, 1 of 1951, 7 of 1951, 16 of 1951, 91 and 103 of 1951, and 768 and 772 of 1950, in all of which similar points of law of great importance have arisen. One of them Civil Miscellaneous No. 270 of 1950 relates to an order passed in December 1947, by the Deputy Commissioner, Karnal, under Section 2 of the Punjab Requisitioning of Immovable property (Temporary Powers) Act, 1947, and the other cases relate to orders passed under the East Punjab Requisitioning of Immovable Property (Temporary Powers) Act, 1948, which superseded and repealed the Act of 1947 in November 1948. All of the applications are filed under Article 226 of the Constitution for the issue of one or other of the writs mentioned in that Article.

2. At the outset a point raised by the learned Advocate-General, which arises in all the cases regarding the Jurisdiction of this Court to entertain petitions for the writs mentioned in Article 228, requires to be dealt with. The objection of the learned Advocate-General is an ingenious one and, as will be seen, has round some support in s decided case, but in spite of this it appears to










































































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