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    <title>1950 (9) TMI 15 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=173415</link>
    <description>Where the Ordinance left requisition to the Provincial Government&#039;s opinion that it was necessary or expedient for a public purpose, the majority treated the power as executive and the resulting requisition order as an administrative act. Because the statute did not impose a duty to act judicially and the public-purpose assessment formed part of the Government&#039;s subjective satisfaction, certiorari would not lie merely on the ground that the decision was wrong. The dissent considered public purpose a jurisdictional fact requiring judicial determination and would have allowed certiorari, but the governing effect is that the requisitioning power was not subject to merits review on that issue.</description>
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    <pubDate>Fri, 15 Sep 1950 00:00:00 +0530</pubDate>
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      <title>1950 (9) TMI 15 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=173415</link>
      <description>Where the Ordinance left requisition to the Provincial Government&#039;s opinion that it was necessary or expedient for a public purpose, the majority treated the power as executive and the resulting requisition order as an administrative act. Because the statute did not impose a duty to act judicially and the public-purpose assessment formed part of the Government&#039;s subjective satisfaction, certiorari would not lie merely on the ground that the decision was wrong. The dissent considered public purpose a jurisdictional fact requiring judicial determination and would have allowed certiorari, but the governing effect is that the requisitioning power was not subject to merits review on that issue.</description>
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      <pubDate>Fri, 15 Sep 1950 00:00:00 +0530</pubDate>
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