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Unknown vs ` on 28 September, 2018 cites

Hari Chand Aggarwal vs Batala Engineering Co, Ltd on 24 September, 1968

In the case of Hari Chand Aggarwal v. The Batala Engineering Co. Ltd. and others, reported in AIR 1969 SC 483, the question before the Hon'ble Apex Court was the examination of an order passed by the Punjab and Haryana High Court, and the question was whether the powers given to the District Magistrate could be exercised by the Additional District Magistrate. The Hon'ble Apex Court came to the conclusion that considering the nature of the duties (to which we shall come shortly), the powers could not have been delegated. The Hon'ble Apex Court came to the conclusion that the District Magistrate and the Additional District Magistrate are two different and distinct authorities and even in cases where the Additional District Magistrate has been authorised to perform the same functions of the District Magistrate, it would not mean that he is the same as a District Magistrate. The nature of the powers which were delegated to the Additional District Magistrate were then examined by the Hon'ble Apex Court. The powers which were to be performed by the District Magistrate under the Defence of India Act, 1962 (in the case before the Hon'ble Apex Court), were powers of requisitioning of a property. The powers of requisitioning are of a drastic nature and therefore considering the drastic nature of powers which were given to the District Magistrate, the Hon'ble Apex Court came to the conclusion that such powers could not have been delegated. The Hon'ble Apex Court had this to say on this :
Supreme Court of India Cites 20 - Cited by 35 - A N Grover - Full Document
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