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It's not uncommon to learn that the legislature sometimes, having a look at to creating its intention crystal clear further than question, takes advantage of language ex abundanti cautela although it might not be strictly necessary and in many cases with out it the same intention is usually spelt out as a make any difference of judicial development and this would be additional so in the event of subordinate legislation by the executive.
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Hence, when it appears that the efficiency of the formalities prescribed by a statute is rendered unattainable by instances around which the folks interested experienced no Manage, much like the act of God, the situation will likely be taken as a valid excuse.
Supplied that wherever an award has been built and payment in respect of the greater part of land holdings hasn't been deposited in the account of the beneficiaries, then, all beneficiaries laid out in the notification for acquisition underneath area four in the stated Land Acquisition Act, shall be entitled to payment in accordance with the provisions of the Act."
) Each and every consideration of justice and expediency would call for that the accepted theory, which underlies Segment ten of the overall Clauses Act, needs to be applied in instances where it doesn't in any other case in terms utilize.
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The principles fundamental are lex non cogit advert impossibilia (the legislation isn't going to compel a man to do the impossible) and check here actus curiae neminem gravabit (the act of court shall prejudice no guy).
Portion six(b) of the overall Clauses Act, 1897, presents that repeal will likely not have an effect on the former Procedure of any enactment so repealed or everything duly performed or endured thereunder.
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Since the appellants have shed in the Court, they can't be allowed to retain the benefit gained by them underneath the interim orders of the Court. The Higher Court has rightly held the appellants liable to be put in the exact same situation where they'd happen to be if this Court docket wouldn't have safeguarded them by issuing interim orders.
Am i able to seek the services of a lawyer from any metropolis/spot? Advocate Ravi Shankar Yadav Sure, you are able to. Nevertheless, it is usually recommended to hire a lawyer from The situation/metropolis exactly where the situation is submitted since the nearby lawyer should have improved expertise and understanding of the area legal guidelines and procedures followed in the courtroom.
Having said that, while calculating the mentioned period of two several years, the period of time all through which no award may very well be handed owing to an buy of remain in that regard handed by a courtroom had to be excluded.
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