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335. The basic principle of restitution is Started on The perfect of carrying out comprehensive justice at the conclusion of litigation, and functions must be placed in the exact same posture but to the litigation and interim order, if any, handed inside the make a difference.
(b) wherever an award under claimed part eleven is manufactured, then this sort of proceedings shall go on beneath the provisions with the stated Land Acquisition Act, as When the said Act hasn't been repealed.
In appropriate circumstances, the courtroom might appoint a Receiver and immediate the person who is holding over the residence to act as an agent in the [Receiver with a course to deposit the royalty quantity fastened from the] Receiver or move this sort of other order which can meet the desire of justice.
We say so for The main reason that if for the occasion of the landowner, who's got challenged the acquisition, an interim purchase has been handed by a Court docket is prosperous then the proceeding of acquisition or even the acquisition notification will be quashed.
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" 309. It might not be Uncertain perform to file frivolous litigation and obtain stay; but good thing about Part 24(2) shouldn't be conferred on individuals who prevented the taking of possession or payment of payment, to the interval put in during the keep.
But, basically since, to be a make a difference of drafting, the Central Govt has in some notifications especially referred on the excise responsibility in respect of which exemption is granted as "obligation of excise" leviable beneath the Central Excises and Salt Act, 1944, it doesn't follow that inside the absence of this sort of text of specificity, the expression "duty of excise" standing by itself should be examine as referring to all duties of excise.
You may also wish to inquire regarding the lawyer's expertise and locations of experience. It can be crucial to here grasp just how long the lawyer is practicing regulation, what forms of circumstances they usually handle, and who their typical clientele are.
Other lawyers deliver Andy situations that current complex combinations of law and information or that call for building new legislation. Soon after obtaining witnesses the defendant had failed to reveal, Andy gained $7 million at trial for...
eighteen. In Ram Krishna Verma v. Condition of U.P. [(1992) 2 SCC 620], this Court docket examined the same situation whilst placing reliance on its previously judgment in Grindlays Bank Ltd. v. CIT [(1980) two SCC 191] and held that no man or woman can are afflicted with the act with the courtroom and in case an interim get continues to be handed, plus the petitioner normally takes benefit thereof, and ultimately the petition is observed to get without any benefit and it website is dismissed, the desire of justice calls for that any undeserved or unfair advantage gained by a party invoking the jurisdiction from the court must be neutralised."