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    <title>1945 (8) TMI 13 - BOMBAY HIGH COURT</title>
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    <description>Requisition of immovable property was treated as distinct from compulsory acquisition, so the Central Legislature could not support the impugned rule without a notification under the residual-power provision; the enactment was therefore ultra vires. The requisition order was construed as affecting only the premises and fittings, not the business goodwill, but it was still invalid because it exceeded the statutory power and violated the mandatory requirement to interfere with property as little as possible. Relief under the Specific Relief Act was held maintainable against the public officer, as the duty could be enforced by a restraint order notwithstanding delegated authority and the availability of a general suit.</description>
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    <pubDate>Thu, 09 Aug 1945 00:00:00 +0630</pubDate>
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      <title>1945 (8) TMI 13 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=286257</link>
      <description>Requisition of immovable property was treated as distinct from compulsory acquisition, so the Central Legislature could not support the impugned rule without a notification under the residual-power provision; the enactment was therefore ultra vires. The requisition order was construed as affecting only the premises and fittings, not the business goodwill, but it was still invalid because it exceeded the statutory power and violated the mandatory requirement to interfere with property as little as possible. Relief under the Specific Relief Act was held maintainable against the public officer, as the duty could be enforced by a restraint order notwithstanding delegated authority and the availability of a general suit.</description>
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      <pubDate>Thu, 09 Aug 1945 00:00:00 +0630</pubDate>
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