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Kerala State Cashew Development ... vs Shahal Hassan Musaliar on 27 September, 2001

21. Apart from the question as to whether this provision of law is unconstitutional, it is contended by Mr. Rashid, learned counsel for the first respondent, that the action taken under the said section is also arbitrary and liable to be interfered with. Even if it is presumed that the section is valid, it enables the Government to extend the requisition, only if "such owner could not run the factory properly and in accordance with law" and "would either sell it or lease out to the private individual" and "there would be large scale unemployment on workers of that factory or their conditions of service would be adversely affected". Learned counsel contends that, apart from mere repetition of the terms in the statute, there did not exist any material fact on which the Government could have arrived at its subjective satisfaction as to the conditions requisite for exercising the statutory power. Reliance is placed on Indian Nuts Products v. Union of India (1994 (2) KLT 598 at page 603). Incidentally, it was also a challenge to Section 3(1)(c) of the Kerala Cashew Factories (Acquisition) Act, 1974. Dealing with the challenge to the amendment under which the satisfaction of the Government had to be arrived at, the Supreme Court observed:

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:11:09 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:10:59 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:10:33 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:10:42 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:10:07 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:10:51 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:10:29 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause

Omprakash Sawalram Agrawal vs The Nagpur Municipal Corporation on 19 July, 2010

Indian Nut Products v. Union of India (supra) reveals that in the notice, there was ::: Downloaded on - 09/06/2013 16:10:39 ::: 43 only reference to Sec. 3(1) of the Kerala Cashew Factories (Acquisition) Act (29 of 1974), without disclosing whether the Government was satisfied in respect of the existence of any of the situations under clause
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