Now, it really is undoubtedly real that in these various notifications referred to earlier mentioned, the Central Authorities has, when granting exemption underneath Rule 8(one), employed specified language indicating which the exemption, total or partial, granted under Every this sort of notification is in regard of excise responsibility leviable under the Central Excises and Salt Act, 1944.
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Due to the hold off, unscrupulous get-togethers for the proceedings choose undue gain, plus a individual who is in wrongful possession draws delight in delay in disposal of your scenarios by using undue advantage of procedural difficulties.
Presented that where an award has been created and compensation in respect of a the vast majority of land holdings hasn't been deposited while in the account in the beneficiaries, then, all beneficiaries laid out in the notification for acquisition less than portion four on the claimed Land Acquisition Act, shall be entitled to payment in accordance While using the provisions of this Act."
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These types of solution in English Law is mostly diverse from a remedy in deal or in tort and falls within the 3rd group of widespread law remedy, which known as quasi-agreement or restitution.
"thirty. The Latin maxim referred to inside the English judgment lex non cogit advert impossibilia also expressed as impotentia excusat legem in common English acceptation signifies, the regulation doesn't compel a person to do this which he can not probably perform.
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ten.ten We see that the expression "exactly where no award less than Area eleven on the stated Land Acquisition Act has long been manufactured" must be read contextually rather than by way of a simple reading through. This is because a land owner who may have an interim purchase read more of continue to be of more proceedings pursuant to the declaration manufactured under Part six on the Act, 1894 issued by a Court docket of law and it has therefore restrained the Collector/Land Acquisition Officer from making an award are unable to thereafter by contending that as on 01.
The effective celebration can demand : (a) the supply of gain attained by the opposite party underneath the interim buy in the court, or (b) to make restitution for what it's misplaced.
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Even though provision of Portion 24 isn't going to discriminate in between landowners, that are litigants or non-litigants and take click here care of them in another way with respect to a similar acquisition, it's important to perspective all of them from the stand position of the intention in the Parliament. Usually, anomalous outcomes might manifest website and provisions could come to be discriminatory in itself;
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