Supreme Court · 2009 INSC 354 · Decided 16 March 2009

Kerala State Cashew Development Corporation v. Shahal Hassan Mussaliar & ANR.

Court
Supreme Court of India
Citation
2009 INSC 354 · [2009] 4 S.C.R. 419
Case number
CIVIL APPEAL No. 8247/2001
Decided
16 March 2009
Bench
ARIJIT PASAYAT, P. SATHASIVAM (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Constitution

Headnote

A B 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 C empowered the State Goyernment to requisition cashew factories leased to Kera/a State Cashew period of five years - Amending Act of 1985 purportedly removed the limitation of five years and enabled the State Government to requisition such cashew D factories for an indefinite period of time - Challenge to - Held: The State cannot under the guise of requisition continue dominion over

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