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Hence, while making use of the said provisions to your details of every scenario, it's important to bear in mind the contextual interpretation possessing regard to provisions below each the Acts.
As a result of hold off, unscrupulous parties to the proceedings get undue gain, and a one who is in wrongful possession draws delight in hold off in disposal with the circumstances by having undue benefit of procedural problems.
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The omission to deliver for exclusion of your time in the course of which interim orders subsisted, though figuring out whether or not acquisitions lapsed, while in the existing circumstance, is a transparent result of inadvertence or accident, possessing regard to the subject-issue, refusal to apply the theory underlying the maxim actus curiae neminem gravabit would cause injustice."
"thirty. The Latin maxim referred to within the English judgment lex non cogit ad impossibilia also expressed as impotentia excusat legem in typical English acceptation implies, the legislation will not compel a man to try this which he can not perhaps complete.
11A. Period inside which an award shall be manufactured. - (one) The Collector shall make an award here less than section eleven inside of a duration of two yrs within the date with the publication from the declaration and when no award is produced within just that interval, the entire proceeding for the acquisition of your land shall lapse: Provided that in a case where the stated declaration has actually been published before the commencement from the Land Acquisition (Amendment) Act, 1984 (sixty eight of 1984), the award shall be built within a period of two a long time from these commencement.
There are cases in which compensation was tendered, but refused after which deposited in the treasury. There was litigation in court docket, which was get more info pending (or occasionally, made a decision); previously references for enhancement of compensation were being sought and payment was Improved.
But, that doesn't necessarily result in the inference that the expression "obligation of excise" in these notifications was more info intended to seek advice from all obligations of excise including Unique and auxiliary duties of excise.
320. The maxim actus curiae neminem gravabit is Launched upon the principle resulting from court proceedings or acts of courtroom, no get together need to put up with. If any interim orders get more info are made in the course of the pendency in the litigation, They may be matter to the ultimate final decision during the make a best civil lawyer in ayodhya difference.
Although provision of Section 24 does not discriminate between landowners, who will be litigants or non-litigants and treat them differently with respect to a similar acquisition, it is necessary to perspective all of them with the stand level of the intention on the Parliament. Or else, anomalous results may well happen and provisions may possibly turn into discriminatory in by itself;
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