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It's not unusual to see that the legislature at times, using a view to making its intention crystal clear beyond doubt, utilizes language ex abundanti cautela however it is probably not strictly important as well as devoid of it the same intention may be spelt out for a make any difference of judicial development and This may be far more so in case of subordinate legislation by The chief.
'five. ... Course of action has become explained to be a handmaid and not a mistress of legislation, meant to subserve and aid the cause of justice rather than to manipulate or obstruct it. Like all regulations of process, this rule calls for a construction which might advertise this bring about.
(two) Notwithstanding anything at all contained in sub-section (one), if at any stage of your proceedings, the Collector is content that each one the individuals interested in the land who appeared just before him have agreed in producing on the issues being included in the award on the Collector in the shape prescribed by policies made by the suitable Govt, he may perhaps, devoid of producing additional enquiry, make an award according to the conditions of such agreement.
319. In Conventional Chartered Financial institution v. Directorate of Enforcement [(2005) 4 SCC 530], the legal maxim "impotentia excusat legem" continues to be placed on hold that legislation does not compel a man to try this which simply cannot potentially be executed. Even though the maxim with respect to the impossibility of overall performance will not be strictly applicable, even so, the impact of the more info court's get, In the interim, manufactured the authorities disable to fulfil the obligation.
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"10. In ... the doctrine of actus curiae neminem gravabit and held the doctrine wasn't confined in its application only to these kinds of acts on the court docket which have been faulty; the doctrine is applicable to all these kinds of functions as to which it can read more be held the court docket would not have so acted had it been the right way apprised in the info as well as the legislation. It is the principle of restitution that's captivated.
Moreover, it can be handy to request When the lawyer has managed circumstances just like yours and what the outcomes ended up.
314. The maxim "lex non cogit ad impossibilia" implies that the legislation won't hope here the overall performance in the unachievable. Nevertheless payment is possible nevertheless the logic of payment is related.
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Although provision of Section 24 doesn't discriminate in between landowners, who are litigants get more info or non-litigants and treat them differently with regard to the same acquisition, it's important to watch all of them from your stand stage of the intention of the Parliament. If not, anomalous effects may possibly happen and provisions might become discriminatory in by itself;
(xi) Having said that, as far as awards are involved, the period of time presented for generating of awards under the Act, 2013 (sic 1894 Act) might be excluded by advantage of Rationalization to Area 11-A, which supplied that in computing the duration of two decades, the period of time through which any action or continuing being taken in pursuance on the declaration is stayed by an purchase of the courtroom shall be excluded;