Due to hold off, unscrupulous functions to your proceedings just take undue benefit, and the one that is in wrongful possession draws delight in delay in disposal of the scenarios by getting undue benefit of procedural issues. Additionally it is a recognised incontrovertible fact that soon after getting a decree for possession in the immovable home, its execution takes a long time.
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Navigating the advanced techniques and numerous deadlines of the immigration situation could be very difficult with no help of the immigration lawyer.
The simple wordings employed by the legislature are crystal clear and do not develop any ambiguity or conflict. In such a problem, the court docket is just not necessary to depart from the literal rule of interpretation."
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Making use of the theory of restitution, it is actually additional observed that no party could take full advantage of a litigation. It is more observed and held that the principle of restitution is actually a statutory recognition on the rule of justice, fairness and honest Perform.
Even the Award below Segment eleven of Act, 1894 was also declared other than in respect from the aforesaid a few plots in question, because of the pendency of the writ petition ahead of the Substantial Court and because of the interim get passed by the Superior Court docket. It is this significant point, that has led us to take into account this situation in light-weight of the true intention in the Parliament underneath Area 24(one)(a) on the Act, 2013.
It can not be disputed that there shall be an exceedingly enormous distinction between the quantum of compensation payable under the Act, 1894 as well as the compensation payable under the Act, 2013. It cannot check here be claimed that there was any inaction to the Portion of the Authority in not declaring the award due to interim order passed because of the Court docket.
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The maxim here actus curiae neminem gravabit, meaning the act of your court docket shall prejudice no one, turns into applicable in this type of situation. In this type of simple fact problem, the court is below an obligation to undo the wrong finished to check here a party from the act in the court docket. So, any undeserved or unfair advantage acquired by a party invoking the jurisdiction of your court docket need to be neutralised, given that the establishment of litigation can't be permitted to confer any get more info edge over a suitor from delayed action from the act of the court docket.
Explanation.-In computing the duration of two years referred to In this particular part, the interval throughout which any action or proceeding to get taken in pursuance of the mentioned declaration is stayed by an buy of the courtroom shall be excluded.
It would amount of money to conferring unjust advantage about the homeowners which could under no circumstances be the intention of Parliament. We don't agree While using the interpretation provided by the High Court and hold that the curiosity accruing beneath the Coal Act is The cash paid towards the Commissioner in relation towards the coal mine and the same needs to be utilised with the Commissioner in meeting the claims from the creditors and discharging other liabilities in accordance Together with the provisions of the Coal Act.
It had been more held the establishment of your litigation by it really should not be permitted to confer an unfair advantage within the occasion responsible for it.
The language utilized while in the interim orders of remain is additionally this sort of that it had wholly restrained the respondents from continuing even more inside the get more info make a difference by issuing declaration/notification under Portion 6 from the Act."